ORD 21-006ORDINANCE NO. 21-006
AN ORDINANCE amending certain provisions of Titles 16 and 18 of
the Camas Municipal Code relating to Flood Hazard Regulations.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
Designated subsections of Titles 16.57.010; 16.57.050; 16.57.060; 16.57.080 and 18.03.050 of
the Camas Municipal Code are hereby added to or all as set forth in Exhibit A attached hereto.
Section III
This ordinance shall take force and be in effect five ( 5) days from and after its passage and
publication as provided by law.
PASSED BY the Council and APPROVED by the Mayor this )5..µi day of
_M~aL-llr cll!..!-h_.___ ___ , 202 i. SIGNED:~~
" Mayor
SIG~~~.
Clerk
APPROVED as to form:
City A ttorney
Page 1 of 11
EXHIBIT “A”
Chapter 16.57 - FREQUENTLY FLOODED AREAS
16.57.010 - Applicability.
A. Frequently Flooded Areas. Frequently flooded areas include: The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report entitled "The
Flood Insurance Study for Clark County, Washington, and in corporated areas" dated September 5,
2012, and any revisions thereto, are hereby adopted by reference and declared to be part of this
ordinance, with accompanying Flood Insurance Rate Maps (FIRM). The study is the official report
provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate
Maps, and the water surface elevation of the base flood. The study and FIRM are on file at the City of
Camas {616 NE 4th Avenue, Camas WA} and the City website {www.cityofcamas.us}. The best
available information for flood hazard area identification as outline in Section 16.57.050(I) shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized. The flood insurance
study and accompanying rate maps are hereby adopted by reference, and declared part of this
chapter. These are minimum designations; the director may identify additional areas.
B. Use of Additional Information. The director may use additional flood information that is more restrictive
than that provided in the flood insurance study conducted by the Federal Emergency Management
Agency (FEMA) to designate frequently flooded areas, including data on channel migration, historical
data, high water marks, photographs of past flooding, location of restrictive floodways, maps showing
future build-out conditions, maps that show riparian habitat areas, or similar information.
C. Flood Elevation Data. When the base flood elevation data is not available (Zone A), the director shall
obtain, review, and reasonably utilize any base flood elevation and floodway data available from a
federal, state, or other source, in order to administer this chapter.
D. For the purposes of this chapter, definitions are generally found in CMC Section 18.03.
E. Compliance. All development within special flood hazard areas is subject to the terms of this ordinance
and other applicable regulations.
F. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance and other applicable
regulations. Violations of the provisions of this ordinance by fa ilure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with
conditions), shall be subject to the enforcement provisions of Camas Municipal Code Sections
18.55.400-18.55.460.
16.57.050 - Performance standards—General requirements.
All Elevation Certificates (FEMA Form 81-31), Floodproofing Certificates for non-residential
structures (FEMA Form 81-65), documents, and records pertaining to the provisions of this ordinance
shall be maintained by the City for public inspection.
A. All Necessary Permits Shall be Obtained. Review all development permits to determine that all
necessary permits have been obtained from those Federal, State, or local government agencies
from which prior approval is required. A development permit shall be obtained before construction
or development begins within any frequently flooded area established in Section 16.57.010. The
permit shall be for all structures, including manufactured homes, as set forth in the "Definitions,"
and for all development, including fill and other activities, also as set forth in the "Definitions."
B. Application for Development Permit. Application for a development permit shall be made on forms
furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities, and the lo cation of
the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
Floodplain Administrator.
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Where a structure is to be floodproofed, certification by a registered professional engineer
or architect that the floodproofing methods for any nonresidential structure meet
floodproofing criteria in Section 16.57.060(8);
4. Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development;
5. Where development is proposed in a floodway, an engineering analysis indication no rise of
the Base Flood Elevation, and
6. Any other such information that may be reasonably required by the Floodplain Administrator
in order to review the application.
C. Designation of the Floodplain Administrator. The Community Development Director, or designee,
is hereby appointed to administer, implement, and enforce this ordinance by granting or denying
development permits in accordance with its provisions. The Floodplain Administrator may
delegate authority to implement these provisions.
D. Duties of the Floodplain Administrator. Duties of the (Floodplain Administrator) shall include, but
not be limited to:
E. Permit Review. Review all development permits to determine that:
1. The permit requirements of this ordinance have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development is not located in the floodway. If located in the floodway, assure
the encroachment provisions of CMC Section 16.57.020(E)(1) are met.
5. Notify FEMA when annexations occur in the Special Flood Hazard Area.
F. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the FIS, FIRM, or required as in CMC
Section 16.57.010(C), obtain and maintain a record of the actual (as-built) elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved flood proofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in CMC Section
16.57.010(C).
a. Obtain and maintain a record of the elevation (in relation to mean sea level) to which
the structure was flood proofed.
b. Maintain the flood proofing certifications required in CMC Section 16.57.050(8)(3).
3. Certification required by CMC Section 16.57.020(E)(1) (No-Rise Standard).
4. Records of all variance actions, including justification for their issuance.
5. Improvement and damage calculations (give an example).
6. Maintain for public inspection all records pertaining to the provisions of this ordinance.
G. Changes to Special Flood Hazard Area.
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1. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall
provide the community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a Letter
of Map Change, then the project proponent shall initiate, and receive approval of, a
Conditional Letter of Map Revision (CLOMR) prior to approval of the development permit.
The project shall be constructed in a manner consistent with the approved CLOMR.
2. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR
documentation package to the Floodplain Administrator to be attached to the floodplain
development permit, including all required property owner notifications.
H. Area of Special Flood Hazards with Base Flood Elevation. When the base flood elevation is
provided, but a regulatory floodway has not been designated, new construction, substantial
improvements, or other development, including fill, shall not be permitted within frequently flooded
areas, unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one inch at any point within the City limits.
I. Areas Without Base Flood Elevation Data. Where base flood elevation data is not available (Zone
A), and there is insufficient data then a report shall be submitted by a qualified professional that
includes analysis of historical data and field surveys to ensure the proposed structure is
reasonably safe from flooding. The reports shall include reasonable mapping to ensure proposed
buildings are safe from flooding and to demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one inch at any point within the
City limits.
J. Construction Materials and Methods.
1. Methods that Minimize Flood Damage. All new construction and substantial improvements
shall be constructed using flood resistant materials and utility equipment, and with methods
and practices that minimize flood damage.
2. · Buildings shall be located outside the floodplain. For sites with no buildable area out of the
floodplain, buildings may be allowed provided they are placed on the highest land on the
site, oriented parallel to flow rather than perpendicular, and sited as far from the watercourse
and other critical areas as possible. If the City detects any evidence of active hyporheic
exchange on a site, the development shall be located to minimize disruption of such
exchange.
3. Utilities Shall be Protected. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or otherwise elevated or located
so as to prevent water from entering or accumulating within the components during
conditions of flooding.
K. Elevation Certificate Required Following Construction. Following construction of a building within
the floodplain where the base flood elevation is provided, the applicant shall obtain a "finished
construction" elevation certificate (FEMA Form 81-31, most current edition) from a registered
professional engineer or architect that records the elevation of the lowest floor.
L. Floodproofing (Non-Residential Only).
1. When a building is to be floodproofed, it shall be designed and constructed using methods
that meet the following requirements:
a. Watertight Building. The building shall be watertight with walls substantially
impermeable to the passage of water below one foot above the base flood level;
b. Hydrostatic and Hydrodynamic Resistance. Structural components shall be capable of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
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c. Certified by a Registered Professional Engineer or Architect. The building shall be
certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design, specifications, and plans.
2. Floodproofing Certificate Required Following Construction. Following construction of the
building, the applicant shall obtain a floodproofing certificate (FEMA Form 81-65, most
current edition) from a registered professional engineer or architect that records the actual
(as-built) elevation to which the building was floodproofed.
3. Applicants who are flood proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed level
(e.g. a building flood proofed to the base flood level will be rated as one foot below). Flood
proofing the building an additional foot will reduce insurance premiums.
M. Anchoring. All new construction and substantial improvements within the floodplain shall be
anchored to prevent flotation, collapse, or lateral movement of the building resulting from
hydrodynamic and hydrostatic loads including the effects of buoyancy. All manufactured homes
shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over-the-top or frames tied to ground anchors.
N. Fill and Grading. Fill and grading within the floodplain shall only occur upon a determination from
a registered professional engineer that the fill or grading will not block side channels, inhibit
channel migration, increase flood hazards to others, or be placed within a channel migration zone,
whether or not the City has delineated such zones as of the time of the application. If fill or grading
is located in a floodway, CMC Section 16.57.020 applies.
0. Storage of Materials and Equipment.
1. The storage or processing of materials that could be injurious to human, animal, or plant life
if released due to damage from flooding is prohibited in special flood hazard areas.
2. Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the
time available after flood warning.
16.57.060 -Performance standards-Specific uses.
In all special flood hazard areas the following provisions are required:
A. Residential Units.
1. Must be Above Base Flood Elevation. In AE zones or other A zoned areas where the BFE
has been determined or can be reasonably obtained, new construction or placement of
residential units and substantial improvement of any residential building shall have the lowest
floor, including basement, elevated one foot or more above the base flood elevation.
Mechanical equipment and utilities shall be waterproof or elevated at least one foot above
the BFE.
2. New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained
shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two
feet above the Highest Adjacent Grade.
3. Areas Below the Lowest Floor. Fully enclosed areas below the lowest floor that are subject
to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or architect,
or must meet or exceed the following minimum criteria:
Page 4of11
a. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
d. A garage attached to a residential structure, constructed with the garage floor slab
below the BFE, must be designed to allow for the automatic entry and exit of
floodwaters.
4. Manufactured Homes. All manufactured homes to be placed or substantially improved on
sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured homes is .elevated one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement. All manufactured homes shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are not limited
to, use of over-the-top or frames ties to ground anchors. If the manufactured home is placed
on a permanent footing/foundation with stem walls, CMG Section 16.57.060(A)(2) applies.
B. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall meet the following requirements:
1. Must be Above Base Flood Elevation. In AE or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial improvement
of any commercial, industrial, or other nonresidential building shall either have the lowest
floor, including basement, elevated one foot or more above the base flood elevation or,
together with attendant utility and sanitary facilities, shall be flood proofed in accordance with
floodproofing (Section 16.57.050(L)). Unavoidable impacts to flooded areas (from fill) need
to be mitigated.
2. Areas Below the Lowest Floor. If floodproofed, areas shall be in accordance with
floodproofing (Section 16.57.050(L)). If elevated and not floodproofed, fully enclosed areas
below the lowest floor are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect, or must meet or exceed the following minimum criteria:
a. A minimum of three openings having a total net area of no less than one square inch
for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
3. Unnumbered A Zones. If located in an Unnumbered A zone for which a BFE is not available
and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but
in all cases the lowest floor shall be at least two feet above the Highest Adjacent Grade.
C. Utilities.
1. Shall be Designed to Minimize Infiltration of Floodwaters. All new and replacement water
supply systems shall be designed to preclude infiltration of floodwaters into the systems.
2. Sanitary Sewage Systems. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters.
3. On-site Waste Disposal Systems. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding. New on-site sewage
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disposal systems are prohibited for uses and activities prohibited from frequently flooded
areas.
4. Water wells shall be located on high ground that is not in the floodway.
D. Subdivision/Land Division Proposals.
1. All land division proposals shall:
a. Minimize Flood Damage. Subdivisions, short subdivisions, planned developments, and
binding site plans shall be designed to minimize or eliminate flood damage to proposed
buildings; and public utilities and facilities that are installed as part of such subdivisions.
Sewer, gas, electrical, and water systems shall be located and constructed to minimize
flood damage. Subdivisions should be designed using natural features of the
landscape, and should not incorporate "flood protection" changes.
b. Have Adequate Drainage. Subdivisions, short subdivisions, planned developments, and
binding site plans shall have adequate natural surface water drainage in accordance
with City requirements to reduce exposure to flood hazards; and
c. Show Flood Areas on Plat Maps. Subdivisions, short subdivisions, planned
developments, and binding site plans shall show the one hundred-year floodplain,
floodway, and channel migration zone on the preliminary and final plat maps.
d. Where other proposed developments contain greater than 5 acres, base flood elevation
data shall be included as part of the application.
2. Lots. No lot or portion of lot after the effective date of the ordinance codified in this title shall
be established within the boundaries of a frequently flooded area.
16.57.080 -Variations-Additional considerations for frequently flooded areas. The variance criteria set
forth in this section of the ordinance are based on the general principle of zoning law that variances
pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of
property with physical characteristics so unusual that complying with the requirements of this ordinance
would create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Camas to help protect its citizens from flooding. This need is so compelling and
the implications of the cost of insuring a structure built below the Base Flood Elevation are so serious that
variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The
long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain
multiple provisions that must be met before a variance can be properly granted. The criteria are designed
to screen out those situations in which alternatives other than a variance are more appropriate.
A. Additional Variation Considerations. In review of variation requests for activities within frequently
flooded areas, the City shall consider all technical evaluations, relevant factors, standards specified in
this chapter, and:
1. The danger to life and property due to flooding, erosion damage, or materials swept onto other
lands during flood events;
2. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such
damage on the proposed use;
3. The importance of the services provided by the proposed use to the community;
4. The necessity of a waterfront location and the availability of alternative locations for the proposed
use that are not subject to flooding or erosion damage;
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5. The safety of access to the property for ordinary and emergency vehicles;
6. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters,
and the effects of wave action, if applicable, expected at the site; and
7. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
B. Variations shall only be issued upon a determination that the granting of a variation will not result in
increased flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
C. Variations shall not be issued within a designated floodway if any increase in flood levels during the
base flood discharge would result.
18.03.050 -Environmental definitions.
In addition to the definitions found in Title 16, the following definitions shall also apply to this title:
"Adverse environmental impact" means an impact caused by vegetation removal which creates a
risk of landslide or erosion, or which alters or damages wetlands, wetland buffers, wildlife habitat,
streams, or watercourses.
"Alteration of watercourse" Any action that will change the location of the channel occupied by water
within the banks of any portion of a riverine waterbody.
"Area of shallow flooding" A designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow. Also referred to as the sheet flow area.
"Area of special flood hazard" means the land in the floodplain within a community subject to a 1
percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map
(FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is
synonymous in meaning with the phrase "area of special flood hazard".
"Base flood" means the flood having a 1 % chance of being equaled or exceeded in any given year
(also referred to as the "100-year flood").
"Base Flood Elevation (BFE)" means the elevation to which floodwater is anticipated to rise during
the base flood.
"Best available information" means, in the absence of official flood insurance rate map data,
communities can use data from other federal, state, or other sources; provided this data has either been
generated using technically defensible methods or is based on reasonable historical analysis and
experience. Flood data from existing flood events may be used where flood events are considered more
accurate indicators of past base flood conditions. Any variance from adopted flood insurance rate maps
must be of a more restrictive nature.
"Buffer" means either: (1) an area adjacent to hillsides which provides the margin of safety through
protection of slope stability, attenuation of surface water flows, and landslide, seismic, and erosion
hazards reasonably, necessary to minimize risk to the public from loss of life, well-being, or property
damage resulting from natural disasters; or (2) an area adjacent to a stream or wetland which is an
integral part of the stream or wetland ecosystem, providing shade; input of organic debris and coarse
sediments; room for variation in stream or wetland boundaries; habitat for wildlife; impeding the volume
and rate of runoff; reducing the amount of sediment, nutrients, and toxic materials entering the stream or
wetland; and protection from harmful intrusion to protect the public from losses suffered when the
functions and values of stream and wetland resources are degraded.
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"Critical root zone" is the area of soil around a tree trunk where roots are located that provide stability
and uptake of water and minerals required for tree survival.
"Diameter at breast height (DBH)" means the diameter of the tree measured at four feet six inches
above soil grade.
"Drainage facility" means the system of collecting and storing surface and stormwater runoff.
Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and
containment facilities including streams, pipelines, channels, ditches, wetlands, closed depressions,
infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances, both
natural and man-made.
"Environmentally sensitive area(s)" or "sensitive lands" means areas within the city that are
characterized by, or support unique, fragile or valuable natural resources, or that are subject to natural
hazards. Sensitive areas include wetlands and wetland buffers, streams and watercourses, steep slopes,
and areas with potentially unstable soils, as those areas are defined and identified pursuant to this title
and Title 16.
"Flood or Flooding" means
A. A general and temporary condition of partial or complete inundation of normally dry land areas
from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph
(1 )(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1 )(a) of this
definition
"Flood elevation study" means an examination, evaluation, and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of
mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study
(FIS).
"Flood Insurance Rate Map (FIRM)" means the official map of a community, on which the Federal
Insurance Administrator has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a Digital Flood
Insurance Rate Map (DFIRM).
"Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water surface
elevation of the base flood.
"Floodplain or flood prone area" means any land area susceptible to being inundated by water from
any source. See "Flood or flooding."
"Floodplain administrator" means the community official designated by title to administer and enforce
the floodplain management regulations.
"Flood proofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those
that have the structural integrity and design to be impervious to floodwater below the Base Flood
Elevation.
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"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Also referred to as "Regulatory Floodway."
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship
repair facilities, and does not include long term storage or related manufacturing facilities.
"Hazard tree." A hazard tree is any tree with a combination of structural defect and/or disease, which
makes it subject to a high probability of failure and a proximity to persons or property which makes it an
imminent threat.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Hillsides" means geological features of the landscape having slopes of fifteen percent or greater. To
differentiate between levels of hillside protection and the application of development standards, the city
categorizes hillsides into four groups: hillsides of at least fifteen percent but less than forty percent;
hillsides with unstable slopes; hillsides of forty percent slope and greater; hillsides which are ravine
sidewalls or bluffs.
"Historic structure" means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states without approved programs.
"Mean Sea Level" For purposes of the National Flood Insurance Program, the vertical datum to
which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mitigation" means the use of any combination of, or all of the following actions:
1. Avoid impacts to environmentally sensitive areas by not taking a certain action, or parts of an
action;
2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environmentally
sensitive area;
4. Reducing or eliminating the impact over time by reservation and maintenance operations during
the life of the development proposal;
5. Compensating for the impact by replacing or enhancing environmentally sensitive areas, or
providing substitute resources.
"New construction" For the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
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For floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation adopted by
a community and includes any subsequent improvements to such structures.
"Open space" means land set aside and maintained in a natural state, providing air, light, and habitat
for wildlife, and/or containing significant trees and vegetation. Open space may contain environmentally
sensitive lands, which include but are not limited to steep slopes and areas with unstable soils, wetlands,
and streams and watercourses. Open space may also provide for active and passive recreation use.
There are two general categories of open space, which are as follows:
1. "Natural open space" means land devoted to protecting environmentally sensitive lands as
defined in this title and CMC Title 16. Natural open space generally has no developed areas, with
the exception of trails as identified in the comprehensive parks, recreation, open space plan, or
by a condition of development approval.
2. "Recreational open space" means land set aside for recreational opportunities, which may contain
trails, sports fields, playgrounds, swimming pools, tennis courts, and picnic areas. Recreational
open space is generally limited in size and intensity, proportionate to the development, and is
intended for the enjoyment of the residents of the development.
"Open space connectors" means tracts of land with typically no sensitive lands that connect parcels
of land to form the open space network.
"Open space network" means a network of open space composed of mostly wooded areas, steep
slopes, ravines, streams and waterways, as areas identified in the comprehensive parks, recreation, and
open space plan.
"Protective mechanism" means a method of providing permanent protection to open space, and shall
include conservation easements, dedication to the city, conveyance to a public or private land trust,
conveyance to a homeowner's association, restrictive covenants, or any combination of such
mechanisms.
"Ravine sidewall" means a steep slope which abuts and rises from the valley floor of a stream, and
which was created by the wearing action of the stream. Ravine sidewalls contain slopes predominantly in
excess of forty percent, although portions may be less than forty percent. The toe of a ravine sidewall is
the stream valley floor. The top of a ravine sidewall is typically a distinct line where the slope abruptly
levels out. Where there is no distinct break in slope, the top is where the slope diminishes to less than
fifteen percent. Minor natural or man-made breaks in the slope of ravine sidewalls shall not be considered
as the top. Benches with slopes less than fifteen percent, and containing developable areas, shall be
considered as the top.
Sensitive Areas. See "Environmentally sensitive areas."
"Sensitive area(s) map(s)" means those maps adopted, and/or incorporated by reference, by the city
to identify the general location of environmentally sensitive or valuable areas. In case of questions as to
map boundaries or mapping errors, the presence or absence of a sensitive area shall be determined in
the field by a qualified professional, experienced in a discipline appropriate to evaluation of the
appropriate feature, and shall determine the applicability of this chapter.
"Significant trees" means evergreen trees eight inches DBH, and deciduous trees twelve inches
DBH. Does not include hazard trees or invasive species.
"Steep slopes" or "area with potential unstable soils" means any land potentially subject to
landslides, severe erosion, or seismic activity (earthquake faults). Steep slopes are generally
characterized by slopes of fifteen percent or greater, impermeable subsurface material (sometimes
interbedded with permeable subsurface material), and/or springs or seeping groundwater during the wet
season. Seismic areas are those lying along or adjacent to identified earthquakes faults.
"Stream" or "watercourse" means those areas where surface waters produce a defined channel or
bed. The channel or bed need not contain water year-round. This definition does not include irrigation
ditches, canals, storm or surface water conveyance devices, or other entirely artificial watercourses.
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Streams are further categorized as Class 1 through 5 in accordance with the classifications used by WAC
222-16-030.
"Structure" For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a manufactured home.
"Tree protection zone" is an arborist-defined area surrounding the trunk intended to protect roots and
soil within the critical root zone and beyond, to ensure future tree health and stability. Tree protection
zones may be calculated based on multiplying the tree's DBH by a factor of twelve depending on the
tree's species and tolerance of root disturbance.
"Variance" means a grant of relief by a community from the terms of a floodplain management
regulation.
"Water dependent" means a use or portion of a use that cannot exist in a location which is not
adjacent to the water, and which is dependent on the water by reason of the intrinsic nature of it
operations. Examples include, but are not limited to: aquaculture, marinas, or float plane facilities.
"Wetland bond" insures the satisfactory installation, maintenance, and monitoring of wetland creation
or enhancement as may be required as part of the SEPA or wetland mitigation plans. The bond has a
beginning and ending date, and shall be in the amount as specified in CMG Section 17.21.050(8)(3).
"Wetland buffer" means a naturally vegetated and undisturbed, enhanced or revegetated area
surrounding wetland that is part of a wetland ecosystem and protect a wetland from adverse impacts to its
function, integrity, and value. Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water
temperatures; provide habitat for wildlife; and protect wetland resources from human activities.
"Wetlands" means areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally
created from non-wetland sites, including but not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.
However, wetlands include those artificial wetlands intentionally created to mitigate conversions of
wetlands.
"Wildlife habitat" means areas that provide food, protective cover, nesting, breeding, or movement
for threatened, endangered, sensitive, monitor, or priority species of wildlife, or other wildlife species of
special concern. "Wildlife habitat" shall also mean areas that are the location of threatened, endangered,
sensitive, monitor, or priority species of plants, or other plant species of special concern.
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