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HomeMy WebLinkAbout2021-06-28-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday June 28, 2021 - 1:30 PM Webex 1. Call to Order 2. City of Cie Elum Airport Survey 3. Faust Road Speed Study 4. Barnes Road Speed Study 5. Flood Control District Advisory Committee Bylaw Revision 6. Floodplain Development Permit Fees for Fish Habitat Restoration Projects 7. Proposed Changes to Kittitas County Code Chapter 14.08 - Flood Damage Prevention 8. Other business 9. Adjourn Created on 6/25/2021 9:02:09 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Webex Regular Meeting MONDAY 1:30 PM June 28, 2021 Board members present: Vice -Chairman Laura Osiadacz, and Commissioner Cory Wright Others: Mark Cook, Josh Fredrickson, Rebecca Cruse, Arden Thomas, Public Works; Dan Carlson, Jessica Miller, Jeremy Johnston, Bridget Pechtel, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office;(4) Members of the Public At 1:45 pm Vice -Chairman Laura Osiadacz opened the Public Works Study Session. CITY OF CLE ELUM AIRPORT SURVEY Mark Cook requested the Board of County Commissioners to waive fees for surveying at the Cle Elum Airport Property. Mark Cook gave background on the potential for this land and requested approval to use the existing Interlocal Agreement between Public Works and City of Cle Elum to provide these services. Mark Cook added that Justin Turnbull, County Surveyor would be performing the survey work. Staff was directed to move forward with the surveying and waived the cost to the City of Cle Elum. FAUST ROAD SPEED STUDY Josh Fredrickson presented findings of recent traffic study on Faust Road that was prompted by a request to lower the speed limit in that area. Josh Fredrickson requested direction on setting a Public Hearing for July 20, 2021, to present the Engineer's report. Commissioner Cory Wright stated that the creation of criteria for county roads to meet for a speed study to be conducted. Commissioner Cory Wright added that he would like Public Works to work on a plan for the exhaustive process. Vice -Chairman Laura Osiadacz agreed with Commissioner Cory Wright. Staff was directed to move forward with setting a public hearing. BARNES ROAD SPEED STUDY Josh Fredrickson presented findings of Barnes Road Traffic Study and requested to schedule Public Hearing for July 20, 2021. Commissioner Cory Wright reiterated that he would like to see more compelling evidence in the requests and deployment of the road speed reduction process but approves the request to schedule a Public Hearing. Vice - Chairman Laura Osiadacz agreed, and staff was directed to move forward with scheduling a public hearing - 2021 -06-28 MINUTES FLOOD CONTROL DISTRICT ADVISORY COMMITTEE BYLAW REVISION Arden Thomas gave background on the revision to the Flood Control Zone District Advisory Committee bylaws. Arden Thomas stated that this revision includes language providing indemnification of committee members. Commissioner Cory Wright asked Neil Caulkins for his recommendation for the changes. Neil Caulkins believes this addition to the bylaws would provide protection to the members on this committee. Vice -Chairman Laura Osiadacz stated she supports the revision and will ask Mandy Buchholz to investigate the county's other committee bylaws for this additional language. FLOODPLAIN DEVELOPMENT PERMIT FEES FOR FISH HABITAT RESTORATION PROJECTS Arden Thomas requested the Board of County Commissioners for direction in waiving Floodplain Development Permit Fees for fish habitat restoration projects in the county. Arden Thomas stated the decision would be mutually beneficial, as the fish habitat projects would incur more costs than necessary if not approved. Commissioner Cory Wright is pleased to see the county continue to support conservation efforts. Vice -Chairman Laura Osiadacz agrees. Staff was directed to bring forward enabling documents at the next agenda session for consideration. PROPOSED CHANGES TO KITTITAS COUNTY CODE CHAPTER 14.08 -FLOOD DAMAGE PREVENTION el Arden Thomas furnished a brief history on Kittitas County Code Chapter 14.08along with past implementation of the code and penalties for failure to comply. Arden Thomas stated the changes to the code are necessary to meet CRS standards. Arden Thomas requested to set a public hearing in mid-August. Discussion was held. Staff was directed to move forward with scheduling a public hearing as requested. Meeting adjourned at 2:23 pm. Rebecca Cruse, Administrative Assistant 2021-06-28 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Vice -Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: June 28, 2021 TOPIC: City of Cie Elum Airport Survey ACTION REQUESTED: Waive all fees associated with performing the requested survey work. LEAD STAFF: Mark R. Cook RECOMMENDATION: Waive all fees associated with performing a survey at the City of Cle Elum municipal airport. BRIEFING SUMMARY: * City of Cie Elum desires exploring the possibility of swapping land at its municipal airport for Public Work's existing Upper County Shop on Third Street in Cie Elum. o An existing interlocal for County service authorizes survey work needed to potentially subdivide airport property. * The resulting legal lot may then be conveyed to the County supporting relocation of Search and Rescue. BACKGROUND: Recently, City and County leadership met discussing the potential land swap supporting relocation of the County Search and Rescue program as managed by the Sheriff's Office. The swap entails the transfer of the Public Works Road Maintenance Shop (3d Street in Cie Elum). A current interlocal agreement for services supports the County conducting necessary survey work supporting the land swap. DISCUSSION: Using the existing interlocal agreement allows for the work to proceed rapidly and avoids any undue claims by private survey firms opposing the County performing the work. The work is municipal in nature and appears to be in the public's best interest. As County costs further burden the land swap effort, Public Works is requesting the Board waive all fees associated with the effort. FISCAL IMPACTS: The County Surveyor will perform all work and is budgeted in the 2021 Public Works administrative budget. ATTACHMENTS: Exhibit 1: Cost reimbursement agreement with the City of Cle Elum Page I of 2 Public Works "Work Session Staff Report", 2021 EXHIBIT l: COST REIMBURSEMENT WITH THE CITY OF CLE SLUM Page 2 of 2 Public Works "Work Session Staff Report", 2021 S IBS raryEc Kiii las wu;r i r KXWWXFj g" CO DEPARTMENT OF PUBLIC WORKS REQUEST TO THE PUBLIC WORKS DEPARTMENT FOR REIMBURSEMENT OF WORK To the County Engineer: Pursuant to terms of an agreement between the County and the City of Cie Elum the undersigned hereby requests the county to perform the work listed as Airport subdivision survey on Exhibit "A" attached hereto. The undersigned further requests that the work be completed no later than August 31, 2021 and hereby guarantees reimbursement to the county for all work done up to a maximum of $10,000 for survey services. All terms of said agreement shall apply with the following exceptions: The survey will only be used for municipal purposes supporting potential land swap for like value for the County's Upper County Shop and will be done at no charge to the City of Cle Elum. DATE SIGNATURE TITLE DATE (Agency Representative) have examined the above request and make the following recommendations: Perform work as requested once the Board of County Commissioners waives all costs associated with the work as described on Exhibit "A" Attached. SIGNATURE 411 N. Ruby, Suite ##1 Ellensburg, WA 98926 (County Engineer) TEL (509) 962-7523 FAX (509) 962-7663 n 3EKXr=XWAL1S CO DEPARTMENT OF PUBLIC WORKS i MEMORANDUM TO: Mark Cook, Director FROM: Justin Turnbull, County Surveyor DATE: June 18, 2021 SUBJECT: Estimate of Work — Cie Elum Airport Short Plat and Site Topo Please find the following estimate of work for your consideration: PLS — 7 days: Property research, preliminary AutoCAD calculations, tie controlling monuments, prepare preliminary short plat, make corrections, and prepare final short plat. 2 -person field crew — 4 days: Topographic survey of approximately 5 -acre site, including ground features and general topography NOT including trees. Setting new property corners for approximately 5 -acre site. Current Rates for Kittitas County Staff: County Surveyor - $70.00 per hour Engineering Technician - $50.00 per hour Estimated Total Cost: County Surveyor - $3,920.00 Engineering Technician - $1,600.00 Page 1 of 1 411 North Ruby Street, Suite i TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: June 28, 2021 TOPIC: Faust Road Speed Study Results ACTION REQUESTED: Schedule a Public Hearing receiving the Engineer's Report on the Request for Speed Reduction LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Schedule a public hearing for July 20, 2021 receiving the County Engineer's report on the request for speed reduction on Faust Road (MP 0.59 to MP 0.78) BRIEFING SUMMARY: • Drew Sinclair requested a speed study on Faust Road (MP 0.59 to MP 0.78) on (May 7, 202 1) • The speed study was conducted on May 12, 2021 to May 19, 2021 • Average daily traffic (ADT) of 250 vehicles with 73 trucks (29%) • ADT Distribution is 53% northbound and 47% southbound • 85% speed northbound at 45 Miles Per Hour (MPH) • 85% speed southbound at 49 Miles Per Hour (MPH) • 1 accident in the past five years with none being an injury accident BACKGROUND: Public Works Department received a phone call on May 7, 2021 requesting a speed reduction on Faust Road. Responding to this request Public Works deployed traffic data collectors May 12, 2021 and collected through May 19, 2021. The study segment on Faust Road (MP 0.59 to MP 0.78) contains 29 percent truck traffic within the average daily traffic distribution of vehicle size. Traffic is split 53% northbound and 47% southbound. Overall 851h percentile speed at this location is 47 MPH with directional speeds of 45 MPH northbound and 49 MPH southbound. DISCUSSION: At the southern limit of the study area is bridge number 88212. At this bridge the posted speed transitions from 35 MPH south of the bridge to 50 MPH north of the bridge. A vertical curve occurs south of the current posted 35 mph sign. 85d` percentile speeds suggest the road segment is capable of managing design speed and the current speed limit of 50 MPH. There are seven approaches within the speed study area. A single crash was reported in the previous five-year time period. The recorded single accident consisted of property damage only and occurred during icy conditions. FISCAL IMPACT: None ATTACHMENTS: Exhibit 1: Speed Study Results " IL Road Number 134761 :85% Speeds 1 Road iqa—me-- Laust Rd I 1- NB 45.50 MID L.64048.80 . ....... SB. 47.15 Begin Count Date 5/12/2021; Wednesday iBegin Time End Count Date 511912021; Wednesday -1-,End Time 9.08 AM Total Hours 169.05 'Total Days 7.01 4 - COMBINED TOTAL 1761 . -.- i - --- 131' W5 4 TOTAL/ fAL'DAYS 250: !Cat -s & Trailer 0.465 FACTOR 12 Axle Liano 0.228 if3uses .006 :2 Axle 6 Tire 0.223 COMBINED TOTALS ;Slngla 3 Axle 0.011 :Single A Axle f 0.002 Average Total 2,W 1 6 --i7 1� . 6 Axic, 0.042 Adjusted ADT MM16io 0.006 0.004 1% PERCENTAGE 46 Axle 0.001 'Mutil 6 Axle 1 'Multi �-,6 0.000 .... . ........ Cars, Pickups & Trailers ....... ---- -- 1781 0,71 0.001 1.00 Singles ID -241 Doubles 131 0 E, i Trains i 0.00i. :TOTAL TRUCKS 73 TOTAL 2501 1.00' 7RUCK % 0.29 Gfk6§'S ANNUAL TONS: 201,50() TRUCK ---- ROUTE CLASS: —"- Kittitas County Public Works:`; ROAD NAME Fay t I?el Begin Count Date 5--11 - 2 a i t Time . =vS A A�L End Count Date 9— Z Time Counter Number 1141-0 OA f%, Z o /Vi i North Arrow S �f 9LC d Y Sketch counter location, identify tubes, distance tubes apart, and distance to nearest cross road or other identifying point. revK rawer Rd, Traffid Tech - Posted Date r A w a F � ce a t, aW ¢ � D � � U mr, 0000ado.,4goovoodoav 000vp 3 0 o d o 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 o a S ID A W Z p O O O o 4 v g o O o d d d O 4 O O a o 0 o O o Q O a O 4 p J 0 0 O O O p p O 0 0 Q C O d 0 O Q o E m N a. a O a v 0 0 0 0 O O g b a 0 0 0 0 0 0 0 .-r 0 0 n f m V 0 0 0 0 m A a� 4 a 0 0 0 0 0 0 0 4 G O O O O 0 0 F7 C n O O G 0 Ln's Q 3 0 p 0 0 0 d Q o 0 0 0 0 C p 4 0 0 0 0 O 0 0 0 C 1 0 Y W N 0 0 0 0 0 4 0 .4 0 0 0 a O 0 0 M 0 0 0 4 0 0 0 d a o 0 0 0 ti n 0 0 o c o 0 0 0 0 0 0 0 o a d a ci n v en - a d 4 0 0 0 0 0 0 rr v 14 0 o n 0 0 0 7 al z Q= 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 C C a G 0 Y0 M VI ino F,- 0 mgr w0O4mw40wN40a,N -i o+rnmn+cv00P,.40 = z V Q a G g O O O O .-i .y .-i .r .-i 'i O N N rl .4 .4 4 O O C a N r C O O O C g O o 0 0 0 0 0 Q O o G C O a 0 0 Q a co W Or M O +-I +r �D P'1 m M O V R W Q O +K # .� R O f� e► O r� t* N .J LA N N M N N 1[1 4D bi If) m R ni M N M N O H i rA 0 0 0 Q o O 0 v O O O O 4 .-1 It ei O" O v 0 0 0 0 D Y3 O a O O C O O o 0 a 0 -a O O O O G 0 0 g G 6 O p X i1! 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N ni < N ,D R eo G, a c goo O i w M N Ch N N ry M Ot -1 Ln to 1 �M V 1 -4 Ln N .-1 n M LO -4 In tD In rl .i R M V' to N 1 m N It tQ 14 1 O c la V L7 1 N V 1 O ti N V rn � a ROAD NAME FAUST RD MILEPOST 0.6+4 CROSS STREET : 0.20 MI N OF SINCLAIR RD Volume Grand Totals Site: 34761 Wednesday, 5/12/20218.30 AM - Wednesday, 5/19/20219:15 AM 1 Average Hourly Volumes NORTHBOUND SOUTHBOUND Combined 12:00 AM 1.0 0.3 1.3 1:00 AM 0.0 0.0 0.0 2:00 AM 0.1 0.0 0.1 3:00 AM 0.4 0.7 1.1 4:00 AM 2.0 1.6 3.6 5:00 AM 2.4 2.7 5.1 6:00 AM 1.1 6.1 7.3 7:00 AM 4.7 10.3 15.0 8:00 AM 6.9 8.9 15.7 9:00 AM 9.1 8.4 17.6 10:00 AM 8.0 7.3 15.3 11:00 AM 6.6 6.3 12.9 12:00 PM 8.3 7.1 15.4 1:00 PM 11.0 76 18.6 2:00 PM 7.9 9.9 17.7 3:00 PM 11.9 7.0 18.9 4,00 PM 12.0 7.6 19.6 5:00 PM 12.4 8.1 20.6 6:00 PM 7.0 5.6 12.6 7:00 PM 73 4.6 11.9 8:00 PM 5.4 3.1 8.6 9:00 PM 5.3 2.0 7.3 10:00 PM 2.3 1.0 3.3 11:00 PM 11 1.1 2.3 Average Daily Trafflc (ADT) 134.3 117.3 251.6 Volume Totals NORTHBOUND SOUTHBOUND Combined 944 825 1769 53.4% 46.6% 1 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: June 28, 2021 TOPIC: Barnes Road Speed Study Results ACTION REQUESTED: Schedule a Public Hearing receiving the Engineer's Report on the Request for Speed Reduction LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Schedule a public hearing for July 20, 2021 receiving the County Engineer's report on the request for speed reduction on Barnes Road (MP 0.00 to MP 0.78) BRIEFING SUMMARY: • Three property owners on Barnes Road requested a speed study on Barnes Road (MP 0.00 to MP 0.78) on May 16, 2021 • The speed study was conducted on May 19, 2021 to May 26, 2021 • Speed study completed at two locations, MP 0.22 and MP 0.56 • Location one (MP 0.22) o Average daily traffic (ADT) of 304 vehicles, with 61 trucks (20%) o ADT distribution is 52% eastbound and 48% westbound 0 85% speed at 46 Miles Per Hour (MPH) Location two (MP 0.56) o Average daily traffic (ADT) of 397 vehicles, with 96 trucks (24%) o ADT distribution is 54% eastbound and 46% westbound o 85% speed at 38 Miles Per Hour (MPH) No accidents in the past five years BACKGROUND: Responding to a request received on May 16, 2021 to reduce the posted speed on Barnes Road, Public Works deployed traffic data collectors May 19, 2021 and collected through May 26, 2021. Due to the sharp turn at the west end of Barnes Road, two study locations were included. Study segment one on Barnes Road (MP 0.22) included 20 percent truck traffic within the average daily traffic distribution of vehicle size. Traffic at this location is split 52% eastbound and 48% westbound. Overall 85a' percentile speed at this location is 46 MPH with directional speeds of 47 MPH eastbound and 45 MPH westbound. Study segment two on Barnes Road (MP 0.56) included 24 percent truck traffic within the average daily traffic distribution of vehicle size. Traffic at this location is split 54% eastbound and 46% westbound. Overall 85t' percentile speed at this location is 38 MPH with directional speeds of 37 MPH eastbound and 40 MPH westbound. DISCUSSION: 85" percentile speeds show traffic is operating at a speed less than the current speed limit of 50 MPH. MP 0.22 has a higher 85h percentile speed compared to MP 0.56 likely to the proximity of the sharp horizontal curve. There are 14 approaches along Barnes Road, primarily serving residential uses. There were no recorded crashes along this roadway in the previous five years. FISCAL IMPACT: None ATTACHMENTS: Exhibit 1: Speed Reduction Request Exhibit 2: Speed Study Results Candie Leader From: Mekenzie <mekenziejohnston@gmail.com> Sent: Monday, May 24, 2021 9:37 AM To: Kittitas County Public Works Subject: Reducing the Speed Limit on Barnes Road to 35 mph CAUTION: This email originated from outside the Kittitas County network. Do not click links, open attachments, fulfill requests, or follow guidance unless you recognize the sender and have verified the content is safe. To Whom It May Concern - I'm writing is support of reducing the speed limit on Barnes Road in Ellensburg to 35 mph. I was raised at this address and even when the road was less travelled there were several times when vehicles would speed past our house. I know we lost countless cats to cars and trucks driving too quickly. We also had an injured dog. Presently, my parents still reside there and my three young children, all under 7, often visit. They ride bikes, roller skate and play with the neighboring kids on the road. We would like Kittitas County to consider reducing the speed limit to 35 mph so we can feel more comfortable while our kids travel to and from neighboring homes and can continue to play despite the increase in traffic. Thank you for your time and consideration. Mekenzie Kmack 471 Barnes Road Ellensburg, WA 98926 Sent from my iPhone Candie Leader From: Sonja Huebner <sonjahuebner3@gmai1.com> Sent: Monday, May 17, 2021 7:40 AM To: Kittitas County Public Works Subject: Barnes road speed limit CAUTION: This email originated from outside the Kittitas County network. Do not click links, open attachments, fulfill requests, or follow guidance unless you recognize the sender and have verified the content is safe. To Whom It May Concern: I am writing to request that the speed limit on Barnes road be lowered to 35mph. I have three young children who enjoy riding bikes along our road, as do many of our neighbors, and cars passing them at 50mph (or sometimes higher) is alarming as we have no shoulder on which to ride bikes or walk. We would be much appreciative if the speed limit on Barnes road could be posted at 35mph. Thank you. Sincerely, Sonja Huebner 411 Barnes Rd 509-306-0967 Candie Leader From: Bonnie Tuck <bob.bonnietuck@yahoo.com> Sent: Sunday, May 16, 2021 11:42 AM To: Kittitas County Public Works Subject: Speed limit in Barnes Road. CAUTION: This email originated from outside the Kittitas County network. Do not click links, open attachments, fulfill requests, or follow guidance unless you recognize the sender and have verified the content is safe. Please consider changing the speed limit on Barnes Road to 35 mph which is currently 50 mph. Some drivers think it's a speedway. We lost a dog by a driver and there are children at play living on Barnes Road. This is a residential area and speed should be lowered accordingly. Thank you. Robert and Bonnie Tuck 850 Barnes Road Sent from Yahoo Mail on Android Candie Leader From: Dana Storlie <danastorlie@yahoo.com> Sent: Friday, May 14, 2021 3:54 PM To: Kittitas County Public Works Subject: Barnes rd speed limit CAUTION: This email originated from outside the Kittitas County network. Do not click links, open attachments, fulfill requests, or follow guidance unless you recognize the sender and have verified the content is safe. To whom it may concern, Afternoon I am writing this as a resident currently living on barnes rd with concerns of the non posted speed limit on a country road which per the MUTCD is 50 mph. With at least 15 kids in the neighborhood and the amount of new development i would greatly appreciate if the posted speed limit would be changed to 35 to protect our children and grandchildren for years to come. My neighbors and I are all in agreement this should be done for everyone's safety. You will be hearing from my neighbors in the near future expressing their concerns as well. Thank you for your time and happy Friday. Greg and Dana Ogan 710 Barnes rd. Sent from my iPhone, please excuse brevity and typos E d m f C 9i l7 a a` 1M � 16 O ': � 4 z Road Number .53650 .85% Speeds Road Name 'Barnes Rd NB 47.00 MP .0.220 SB 44,60 45.80 Begin Count Date 5119/2021 Vednesday ;Begin Time 10:45 AM End Count Date 5/26/2021 'Wednesday EndTlrne 7:32 AM Total Hours 184.78_ , Tota! _Days .6.9 I COMBINED TOTAL TOTAL I TOTAL DAYS FACTOR 1COMBINED TOTALS Average Total Adjusted ADT Cam, Pickups & Trailers Singles Doubles Trains TOTAL. .- _GR_ -0— ANNUAL__ -­ -- T 0 N S,: 11 5J 5 0 TRUCKIROUTE CLASS: Tq 2090! -Bikes 0.006 304 :Cars & Trailer I 0.512 2 Axle Long 0.276 4 Buses 0.003 2 Axle 6 Tim 0.176 Single 3 AK11a 0.001 !Single 4 Axle 0.000 304-'1 Doub - I - 5 Axle 0.017 3041 bWtiale 5 4110, 0.002 ;Dnuble U Axic-,, 0.002 PERCENTAGE Multi <6 Axle 0.000 Mutil 6 Axle 0.000 Multi >6 0003 2431, o. 8 ri 1.00 54 6 1 0.001 ;TOTAL TRUCKS 61 304: 1.00 (TRUCK % 0.20 Kittitas County Public Works ROAD NAME �Itr N {5 Begin Count DateTime End Count Date ' 2 b "- Z Counter Number Z- North Arrow�+XS'� Time 4.2 © AA t /Ue ®F QW 4!�e ee- Sketch counter location, Identify tubes, distance tubes apart, and distance to nearest cross road or other identifying point. &'.roes Rep !� ,� 13 Ar— 7Q-111— Posted R . 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O Uq N h CO b C' A A h N? V N + N L9 o (70000040 C 0 �v a 4 mM M� r Q H 1+1 i G m m h a O O d 0 0 0 0 iY f•1 N{ tV N PI NI N N �! /�! f.l O N G G O m 1q m b n ti�� a y m Y H v m .a I I O m m m m m d w h A M g M M A e ry N uNl y Lh LA MD m O nl N N N aO w O O M m O R 00 W ur •-s b v b N O O N C� A M E 0a 0000 N%04 m N 0 a r y A A v U ~ N M m Y p C m O C q Y rl O� M b p q .K O1 !� O b O v m O .r h M 0a E M G O O O C C O .e m y YI Y M ri f•1 v1 N N .4 N .y 4 C O C V b m A N m � O Y K a m e1 'CE •� � 4 7 _ '. g O O O O .n m A m O N C! C� �D a 0! 4 Y; •! b N V O O C C O O p p w w ,-� .r O .i .-i N .r ..� .i 0 0 0 G O O< O Q. N m M « Y M N m Ln N N b Y m E m U N O ry 0 0 0 q M O eh O• m M M b ee �D A A A M O' .+ m 4. O O N ' :n m G m y rl G A N y (+1 NI N J � T M C r N 4 0 0 O C O G O C p O O C L7 [1 O ra O c� v O O O G m al N w •~+ �, Y N' V tl y a Y o n N 6r %DG m ' N O O O O 4 0 O N N O N N 0 0 0 .•1 O O O O 0 4 g O b O O O O O O O O cc cd g 0 0 0 O O O 0,00 G D' m m t N m O O O v Y 0 M O'y V N N M C _ N � n G O C jd 7 Al In m A O M Na? R Ifs OI rl f0 A Ifs al p, V Cl N O g 0 M N N f PI m N N .. V S O 9 p N 0 m ry ei ID f IQ N b I1 M r4 O N N N N N N N N M N N r1 N C wq• pO 00 H N N N m � � EE FEEFE F�FEE Fa TcSgESEF£c m z z o g o o 0 0 o g o$ o 8800 0$$ o �;� L a Z U) I m ri 14 Y N 1!1 N It z V .-t n I Ln m IA m re: ; o*I Y LM ROAD NAME BARNES RD MILEPOST 0.22 CROSS STREET 0.20 MI NE OF STRANDE RD Volume Grand Totals Average Hourly Volumes Site: 53650 Wednesday, 5/19/2021 11:00 AM - Wednesday, 5126/20217:30 AM Average Daily Traffic (ADT) 162.1 148.1 Volume Totals NORTHBOUND SOUTHBOUND 1090 1007 52.0% 48.0% 310.2 Combined 2097 1 NORTHBOUND SOUTHBOUND Combined 12:00 AM 0.0 0.4 0.4 1:00 AM 0.3 0.0 0.3 2:00 AM 0.1 0.1 0.3 3.00 AM 1.1 0.1 1.3 4:00 AM 1.1 1.6 2.7 5:00 AM 0.6 0.4 1.0 6:00 AM 3.0 1.3 4.3 7:00 AM 9.8 3.3 13.2 8:00 AM 13.3 8.5 21.8 9:00 AM 16.5 9.3 25.8 10:00 AM 10.0 10.5 20.5 11:00 AM 13.9 9.9 23.7 12:00 PM 12.7 9.6 22.3 1:00 PM 10.4 12.1 22.6 2:00 PM 10.6 10.6 21.1 3:00 PM 15.3 166 31.9 4:00 PM 13.4 12.7 26.1 5:00 PM 8.4 16.1 24.6 6:00 PM 9.7 7.0 16.7 7:00 PM 4.6 7.0 11.6 8:00 PM 3.6 3.3 6.9 9:00 PM 1.9 40 5.9 10:00 PM 1.3 2.1 3.4 11:00 PM 0.4 1.4 1.9 Average Daily Traffic (ADT) 162.1 148.1 Volume Totals NORTHBOUND SOUTHBOUND 1090 1007 52.0% 48.0% 310.2 Combined 2097 1 Kittitas County Public Works ROAD NAME gar-Ae-s V d -0 :5 t ,5c) Begin Count Date End Count Date S �L Counter Number P �j5r I� �11 + 5 C0+`1e7 E Time 1U: 27 l;I,O Time 7= 3YA1vi r North Arrow pedL, svvd Seed 5tvc4`( Sketch counter location, identify tubes, distance tubes apart, and distance to nearest cross road or other identifying point. Posted Traffic Yech Date O lu q0F. 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N .+ iv e� e w v N 0 a o .r a .r v 0 a LULU x IA 2 < ut;O to 020 ult d O U -4 VV q Nt n FA - ■ m n10 V .0 � n �V -4 1 1 a 00 v A 0' m v N -4 VV q Nt n FA - ■ m n10 V .0 � n �V -4 1 1 a 00 v A 0' ROAD NAME BARNES RD Site: 53650 MILEPOST 0.56 Wednesday, 5/19/2021 10:45 AM - CROSS STREET 0.14 MI SW OF STRANDS RD Wednesday, 5/26/20217:45 AM Volume Grand Totals Average Hourly Volumes SOUTHBOUND NORTHBOUND Combined 12:00 AM 0.9 0.0 0.9 1:00 AM 0.1 0.4 0,6 .2:00 AM 0.0 0.3 0.3 3:00 AM 0.4 1.0 14 4:00 AM 1.9 0.9 2.7 5'00 AM, 2.1 0.7 2.9 6:00 AM 6.9 6.1 13.0 7:00 AM 13.8 11.0 24.8 8:00 AM 15.3 11.2 26.5 9.00 AM 18.5 12,8 31,3 10:00 AM 13.2 10.5 23.7 11:00 AM 17.6 15.4 33.0 12:00 PM 14.3 14.4 28.7 1:00 PM 16.4 14.9 31.3 2:00 PM 13.7 14.0 27.7 3,00 PM 21.0 14.9 35.9 4:00 PM 17.7 12.4 30.1 5:00 PM 15.9 14.6 30.4 6:00 PM 9.3 11.0 20.3 7:00 PM 8.7 5.9 14.6 8:00 PM 4.9 5.9 10.7 9:00 PM 4.3 4.4 8.7 10:00 PM 3.1 1.4 4.6 11:00 PM 0.7 1.1 1.9 Average Daily Traffic (ADT) 220,7 185.2 405.9 Volume Totals SOUTHBOUND NORTHBOUND Combined 1498 1261 2759 54.3% 45.7% KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: TOPIC: ACTION REQUESTED: LEAD STAFF: Arden Thomas June 28, 2021 Flood Control District Advisory Committee Bylaw Revision Approve Proposed Revisions RECOMMENDATION: Approve Proposed Revisions to the Flood Control Zone District Advisory Committee Bylaws BRIEFING SUMMARY: • The Flood Control Zone District Advisory Committee (AC) requested that staff research whether the Committee's bylaws include language providing indemnification of committee members. • A request was made through the Prosecuting Attorney's office to advise. We were advised that this language was not necessary but still recommended. • The AC approved a motion at the June 23, 2021 meeting to amend the bylaws to include indemnification language. The proposed language is the same language used in the Public Lands Advisory Committee bylaws. • Bylaw amendments must also be approved by the Board of County Commissioners. BACKGROUND: A Flood Control Zone District Advisory Committee (AC) member noted that the Public Lands Advisory Committee bylaws includes language providing indemnification of committee members and requested District staff research whether the AC bylaws should be revised to include this language. The Prosecuting Attorney's office advised that while this language is not necessary, inclusion of this language was recommended. The AC approved a motion at the June 23, 2021 meeting to amend the bylaws to include indemnification language. The proposed language is the same language used in the Public Lands Advisory Committee bylaws. The AC's bylaws specify that changes must be approved by the Advisory Committee and the Board of County Commissioners. DISCUSSION: The Prosecuting Attorney's office advised that the indemnification language was not necessary because the Board of County Commissioners would "provide that defense and indemnification anyway so long as the members were acting within the scope of their Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT duties. That being said, it may well be a good idea to include the language so as to both assure the committee members and have the BOCC go on record of making such a promise." FISCAL IMPACTS: Staffing of the Flood Control Zone District Advisory Committee is included in the District's annual budget. ATTACHMENTS: Exhibit 1: Flood Control Zone District Bylaws with Proposed Revisions Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Flood Control Zone District Bylaws with Proposed Revisions Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE BY-LAWS Article 1— Name: Resolution 2017-183 of the Kittitas County Board of Commissioners establishes the Kittitas County Flood Control Zone District Advisory Committee. Article 2 — Purpose of the Advisory Committee: Support of ongoing prioritization of the Flood Control Zone District annual capital facility planning; work planning elements; and give recommendations to the Board of County Commissioners. Article 3 — Membership and Structure: As established by Resolution 2017-183, the Advisory Committee is composed of seven members as follows: Two (2) Rate Payers from Commissioner District 1 Three (3) Rate Payers from Commissioner District 2 Two (2) Rate Payers from Commissioner District 3 The Advisory Committee shall elect both a chair and vice -chair. A formal vote to fill these positions shall be taken at the first advisory committee meeting of each year. The chair of the Advisory Committee shall set the agenda, approve previous meeting minutes, and guide the conduct of the public meeting. The vice -chair shall perform the duties of the chair in the chair's absence. The meeting shall be guided by Robert's Rules of Order. Four (4) members shall serve two-year terms and three (3) members shall serve a one-year term. Subsequent terms will be for a two year period. Term length will be randomly selected in each Commissioner District. Should a member miss two (2) consecutive unexcused or four (4) total unexcused meetings in one year, such member will be removed from the advisory committee upon a majority recommendation from the committee. Should a member resign from the advisory committee, new applications will be submitted and the Board of County Commissioners shall select a new rate payer from that Commissioner District. Terms of the committee shall begin January 1, 2019. Article 4 — Termination: Removal — If the Kittitas County Flood Control District Advisory Committee members determine by a majority vote that a member should be removed; the Chair of the Committee shall report that recommendation to the Board of County Commissioners for its consideration. Resignation — Resignations by members shall be submitted, in writing, to the Committee Chair or Clerk. They will forward a copy of the resignation to the Board of County Commissioners. Reasons for dismissal — The Board of County Commissioners may remove a member when it is determined it is in the best interest of the Committee or the county to do so. Article 5 — Meetings: The Advisory Committee shall meet once a month on the fourth (4t') Wednesday of each month in the Commissioner's Auditorium at the Kittitas County Courthouse at 5:30pm. Regularly schedule meetings may be canceled with advanced notification. Special meetings of the Advisory Committee may be held at the request of the Board of County Commissioners, or as matters arise that require the Committee's attention. All meetings of the Advisory Committee are open to the public and are subject to the Public Records Act. Public comments will be encouraged and will be accepted verbally or in writing. Anyone who wishes to voice an opinion, information or concerns to the Committee may attend meetings and time will be allotted at the beginning of meetings as appropriate to assure public participation. Items may be placed on a meeting agenda by any Committee member or by county staff. Members shall be provided with a copy of the agenda and supporting materials in advance of the meeting. Staff from Kittitas County Public Works shall be the Clerk of the Committee and will be responsible for taking and documenting the minutes from all meetings of the Advisory Committee. These minutes will then be approved at a future meeting and placed on the Kittitas County website. The majority of the appointed committee members will constitute a quorum for the transaction of all business at meetings. Each Committee member will be entitled to one (1) vote on all issues presented at meetings at which the member is present. Simple majority vote is the primary decision malting method. The committee's goal for a primary decision making method is consensus. Majority is defined as a majority of the appointed committee members. Article 6 - Capital Facility Plan: The Kittitas County Flood Control Zone District Advisory Committee shall each year recommend an annual and 6-year Capital Facility Plan to the Board of County Commissioners. This Capital Facility Plan will be developed utilizing project evaluation criteria that are reviewed and adopted each year by the Committee members. Article 7 — Amendment to Bylaws: The Kittitas County Flood Control Zone District Advisory Committee shall periodically review the bylaws and may propose amendments to the bylaws. Any recommendations agreed upon by the majority of the members shall be forwarded to the Board of County Commissioners for approval. Article g — Indemnification of Committee Members: The Board of County_ Commissioners elects to defend and indemnify, its present and former Committee members and officers and their successors. spouses and marital communities to the full extent authorized by lav and the Charter. In addition the right of indemnification shall inure to each Committee member or officer and his/herspouses and marital communities upon his/her appointment to the Committee and the event o£his/her death shall extend to his/her heirs, legal representatives and estate. Each person who shall act as Committee member or officer of the Authority shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of an, other right which he/she may have. Article 8-9 — Adoption: Bylaws are in full force and effect when adopted and approved by the Kittitas County Flood Control Zone District Advisory Committee and the Board of County Commissioners. Article — Bylaws Review: Bylaws shall be reviewed annually by the Kittitas County Flood Control Zone District Advisory Committee and the Board of County Commissioners. *The foregoing Bylaws of the Kittitas County Flood Control Zone District Advisory Committee approved and adopted this 20-231" day of June and approved and adopted by the Board of County Commissioners this 2T'd-28`x' day of M-areWune. 2021. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: June 28, 2021 TOPIC: Floodplain Development Permits Fees for Fish Habitat Restoration Projects ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to prepare enabling documents to waive Floodplain Development Permit Fees for Fish Habitat Restoration Projects. BRIEFING SUMMARY: • In 2019, the Federal Emergency Management Agency (FEMA) took action that affected floodplain development permitting for fish habitat restoration projects, increasing floodplain development permitting costs for restoration projects. • These habitat restoration projects are critical for fish recovery. Fish recovery is a key objective of the Yakima Basin Integrated Plan. • Staff supports waiving Floodplain Development Permit fees for fish habitat restoration projects. • The Board of County Commissioners must approve permit fee waivers. BACKGROUND: In 2019, the Federal Emergency Management Agency (FEMA) repealed their previous Policy on Fish Enhancement Structures in the Floodway. They also noticed Washington State and Washington State communities that projects that qualify for the Fish Habitat Enhancement Projects streamlined permitting process must still meet National Flood Insurance Program requirements. Staff recommends waiving floodplain development permitting fees to help address increased permitting costs for fish habitat restoration projects. Staff recommends defining a fish habitat. restoration project as "a project primarily designed to improve fish and habitat or remove or reduce impediments to migration of fish by accomplishing one or more of the following tasks: 1. Elimination of human -made fish passage barriers; or 2. Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 3. Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or 4. Actions taken to restore or promote the growth of riparian vegetation; or 5. A project identified in a watershed restoration plan developed or sponsored by the Washington State Departments of Fish and Wildlife, Ecology, Natural Resources, and Transportation (WSDOT); a federally recognized Indian tribe acting within and pursuant to its authority; a city; a county; or a conservation district." The Floodplain Administrator would determine if a proposed project meets the fish habitat restoration project definition and qualifies for the fee waiver. DISCUSSION: FEMA's rescinded Policy on Fish Enhancement Structures in the Floodway provided important flexibility for local communities to permit fish habitat restoration projects that had undergone hydraulic and hydrologic analysis and would have only minuscule impacts on flood elevations, which would have no effect on structures. Without this flexibility, Kittitas County will need to require that some restoration project undergo a formal FEMA map revision process. The FEMA Region 10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway (Exhibit 1) is clear that local jurisdictions must ensure that projects that qualify for the Fish Habitat Enhancement Projects streamlined permitting process still obtain a floodplain development permit. FISCAL IMPACTS: PW is currently charging $120 (simple project) and $970 (standard project) for a Floodplain Development Permit. Each year the Flood Control Zone District budget includes funding for coordination and technical assistance for agency and partner projects. The majority of these projects are fish habitat restoration projects. ATTACHMENTS: Exhibit 1: FEMA Region 10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Exhibit 1: FEMA Region 10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FEMA Region 10 FAQ: Rescinded Policy on Fish Enhancement Structures in the FloodwayWANNNONOMM09SE09" 17 � =� - --� Answers to common questions about the former regional policy and FEMA's decision to rescind it, effective August 17, 2020. Acronyms BFE Base Flood Elevation CFR Code of Federal Regulations CLOMR Conditional Letter of Map Revision H&H Hydraulic and Hydrologic LOMR Letter of Map Revision NFIP National Flood Insurance Program SFHA Special Flood Hazard Area What was the intention of the former policy? Fo- more infcrmation on the National Fiood insurance Prograim and the terms used in this FAQ, prase visit FEMA.gov or contact your local floodplain adr►-iinistratar. The intention of the Policy on Fish Enhancement Structures in the Floodway, issued by FEMA Region 10 in 1999, was to make it easier for local communities to issue floodplain development permits for fish habitat restoration projects in the floodway if those projects met certain criteria. Under the former policy, if an applicant provided H&H analyses and a feasibility study demonstrating that a habitat restoration project would cause a rise in BFE that could not be avoided through redesign, but was both miniscule and had no effect on structures, a community could permit the project without requiring a CLOMR prior to construction or a LOMR once the project was complete. BACKGROUND The regional policy was issued around the time that many Pacific Northwest salmon species were listed as Threatened under the Endangered Species Act. The former policy intended to provide additional support to NFIP communities in their review of floodplain development projects designed to restore, enhance and protect the critical habitat of threatened salmon. Fish habitat restoration projects often occur in the regulatory floodway, a portion of the SFHA where NFIP permitting requirements are the most rigorous. NFIP regulations prohibit the permitting of floodway development unless a community first obtains and reviews H&H analyses certifying that the proposed development will not cause a rise in the BFE anywhere in the community. These analyses are essential to ensuring that floodway development, including habitat restoration, will not cause unknown changes to the flood risk communicated by a community's flood maps. If H&H analyses show a rise in the BFE and the community still wishes to permit the development, federal regulations require a CLOMR and LOMR to alert FEMA to these changes to the maps, a process that adds to the costs and timeline of a project. The former policy attempted to make the permitting process for habitat restoration projects less burdensome by allowing a waiver of the CLOMR/LOMR requirement for some projects. aFeh�l�ti T FEMA qhD 5� FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway Why was the policy rescinded? FEMA rescinded the policy after determining that it was inconsistent with mandatory NFIP standards for permitting development in the floodway. It also came to FEMA's attention that a number of communities in Region 10 misread the policy as a waiver of the H&H analyses requirement for permitting floodway projects that included habitat benefits or protections in their designs. BACKGROUND Federal regulations that govern the NFIP, specifically CFR Title 44 Parts 60.3(d)(3) and (4), clearly outline the mandatory steps communities must follow when reviewing proposals for floodway development. FEMA defines development as "any man-made change to improved or unimproved real estate," which includes man-made changes meant to restore habitat and natural floodplain functions. If H&H analyses show that a proposed development will not cause a rise in the BFE, the community may permit it, although a LOMR may be required once work is complete if the analyses show other changes to the flood risk communicated by the maps. If H&H analyses show a rise in BFE and the community wishes to support the project, it must require a CLOMR prior to construction and a LOMB once construction is complete. In 2020, FEMA determined that the former policy's suggestion that even a very small rise could be permitted without following the CLOMR/LOMB process to update the affected flood map was inconsistent with these regulations. FEMA Region 10 offers guidance on how H&H analyses can be conducted to determine if a proposed project will cause a rise in the BFE within the community. Did the former policy provide a waiver of H&H analyses for habitat restoration projects? No, the rescinded policy was not a waiver of the H&H requirement for projects designed to benefit or protect habitat. H&H analyses have always been mandatory for floodway development regardless of that development's purpose. Communities that misread the former policy as a waiver of H&H analyses must take steps to correct this deficiency in their floodplain management programs. It is essential that community floodplain officials and proponents of habitat restoration projects work together in the design phase to ensure that all floodplain management regulations are considered. BACKGROUND All communities that participate in the NFIP must adopt and enforce a mandatory set of development standards as a condition of their continued participation. Fundamental to these standards is that all development in the SFHA must be reviewed for compliance with adopted regulations and only allowed to proceed when authorized by the community through a development permit. One of the mandatory standards that communities must adopt into ordinance and enforce is 44 CFR 60.3(d)(3), which prohibits encroachments into the floodway unless H&H analyses are conducted and demonstrate that no rise in the BFE will occur within the community as a result of a proposed project. Issuing permits for development in the floodway without meeting the H&H requirement (as well as following the CLOMR/LOMR process when appropriate) jeopardizes a community's continued participation in the NFIP. Development in violation of the requirements in CFR will require remediation which may include removal of the project and restoration to pre -construction conditions. Learn more at feme.gov Mar 2021 2 FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway Why does FEMA require that habitat restoration projects undergo the same review and permitting process as other floodway development? Habitat restoration floodway projects have the potential to alter the risk communicated by a community's flood maps and therefore must undergo the same rigorous review as other floodway development. NAP regulations provide one set of requirements for all floodway development. BACKGROUND FEMA recognizes that habitat restoration projects promote the natural and beneficial functions of floodplains and contribute significantly to a community's proactive long-term management of its flood risks as well as the recovery and sustainability of threatened species. However, the installation of bloengineered revetments, large woody debris, and other elements of channel complexity meant to provide shelter to fish, encourage meanders, or otherwise restore the river or stream to a more natural state can also slow the current, increase the accretion of sediment and alter the channel of the stream. The replacement and relocation of perched and undersized culverts also make significant changes to the dynamics of a waterbody. These activities can result in changes in the BFE and to the boundaries of the mapped floodway and SFHA. Communities must ensure that their support of these important projects includes the same level of rigorous analysis and permitting requirements that apply to all potential encroachments in the floodway so that habitat restoration efforts can proceed without increasing flood hazards or invalidating the maps that communicate those hazards. Any potential impacts must be anticipated, through H&H analyses, while the project is still in its design phase, carefully reviewed and understood by the community that will assume responsibility for the development it chooses to permit, and communicated to FEMA through the CLOMR/LOMR process so that the maps can be revised to reflect the best available data. It is essential that community floodplain officials and proponents of habitat restoration projects work together in the design phase to ensure that all floodplain management regulations are considered. What if we have projects in progress that were designed and permitted based on the former policy? Projects completed in full compliance with the policy prior to its rescindment will be reviewed on a case-by-case basis. Important to remember is that the former policy never waived the requirement of H&H analyses for projects in the floodway. Permitting projects in the floodway without that analysis or allowing development to occur anywhere in the SFHA without permits are violations of minimum NFIP standards. Our community requires H&H analyses and we allow a rise up to 0,10' for habitat projects without requiring a CLOMR. Why can't we continue to do that? Allowing development to cause any rise in the floodway is a violation of 44 CFR 60.3(d)(3); however, per 60.3(d)(4), a community can allow projects that would cause a rise but only if the CLOMR process, as laid out in 44 QFR 65.8, is followed prior to the start of construction. The "No Rise" standard is 0.00.' Do we need to remove references to the former policy from our regulations/publications? Yes, references to the rescinded policy in regulations, ordinances, policies, guidance or other materials distributed by NFIP communities and state agencies must be removed. Communities are encouraged to reach out to their State NFIP Coordinators or FEMA for technical assistance. Learn more at fema.gov Mar 2021 3 FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway Are flood easements an alternative to obtaining letters of map revision (CLOMR/LOMR)? No, the permitting process, including H&H analyses for floodway development and the CLOMR/LOMR process for any map changes, must be followed for each individual development proposal. Communities must alert FEMA to alterations to the floodplain within 180 days so that flood maps are always based on the best available data. Can a rise be permitted without a CLOMR/LOMR if the rise is isolated on one property or doesn't affect structures? No. If a community wishes to approve a project that has shown through H&H analyses that it will cause a rise in BFE anywhere in the community, they must require a CLOMR prior to construction and a LOMR once the project is complete. if analyses confirm no rise in the BFE but show other alterations to the SFHA, those changes must be communicated to FEMA through the LOMR process, even if a CLOMR was not required prior to construction. Who can perform H&H analyses and certify that no rise in the BFE will occur? 44 CFR 60.3(d) does not specify professional qualifications for who can conduct the H&H analyses, but states that the analyses must be "performed in accordance with standard engineering practice." In Region 10, H&H analyses must be conducted as outlined in the regional guidance, "Procedures for `No -Rise' Certification for Proposed Developments in the Regulatory Floodway." Local ordinances may require that a professional engineer perform the analyses and certify the results. FEMA recommends that communities only accept analyses from qualified hydraulic and hydrologic professionals as licensed in your state. Technical questions that are unanswered by the guidance can be directed to the Region 10 Risk Analysis Branch. Is there guidance available on preparing an application for a letter of map revision (CLOMR/LOMR)? Yes, the MT -2 application includes instructions that provide information on the data that must be submitted. Details on this application process can be found at https://www.fema.gov/flood-maps/change your-flood-zone[paper- a ppl ication-forms/mt-2. The rescindment of this policy may make some restoration projects cost prohibitive. WIII FEMA funds be available to offset the significant costs of H&H and CLOMR/LOMR? No, the cost of H&H analyses, as well as the fees associated with the CLOMR/LOMR process, are the responsibility of the applicant and should be included in early planning and budgeting for habitat restoration projects. The former policy did not provide a waiver for H&H analyses, which have always been required when applying for permits for any kind of foodway development. It is essential that community floodplain officials and proponents of habitat restoration projects work together in the design phase to ensure that all floodplain management regulations are considered and all potential impacts to cost and timeline are fully understood. APPLICATION FEE WAIVER FOR ELIGIBLE PROJECTS Some habitat restoration projects are eligible for a waiver of the application fees charged by FEMA for map change requests (CLOMR/LOMR). In accordance with the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113-89, section 22), a project proponent is eligible for this fee waiver if the project meets the following criteria: 1) the primary purpose is habitat restoration (as defined in the Partners for Fish and Wildlife Act, 16 USC 3772 (5)), Learn more at fema.gov Mar 2021 4 FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway and 2) the project is funded either in whole or in part with federal or state funds. This fee waiver includes projects for dam removal, culvert redesign and the installation of fish passage. To request this fee waiver, an explanation of the project's qualification must be provided as an attachment to the MT -2 form upon application for the CLOMR/LOMB. For more information on processing and review fees, please contact the FEMA Map Information eXchange (FMIX) at 1-877-336-2627 or FEMAMapSpecialist@riskmapcds.com. More information on fees and fee waivers is available at www.fema,gov/flood-map-related-fees. Revised Code of Washington (RCW) 77.55.181 says that local communities cannot require permits or fees for projects that qualify for the streamlined Fish Habitat Enhancement Project Hydraulic Project Approval (FHEP HPA). How does this state law and FEMA's rescindment of this regional policy affect NFIP communities in Washington? The former regional policy only related to RCW 77,55.181 in that it also addressed habitat restoration projects. FEMA is aware that some Washington communities have interpreted RCW 77.55.181(4) as prohibiting them from requiring floodplain development permits for projects that qualify for the FHEP HPA. However, RCW 77.55.181 did nothing to change FEMA's requirement that participating communities in Washington comply with all mandatory NFIP standards in the CFR. These communities are, and have always been, required to manage development in the SFHA through local ordinances and permitting processes that ensure compliance with the minimum standards. Allowing development to occur in the SFHA without a permit is a violation that can result in a community's suspension from the NFIP. Communities that misread the former regional policy as a waiver of the H&H analyses requirement and/or interpret RCW 77.55.181 as prohibiting floodplain development permits for qualifying projects must take immediate steps to correct these deficiencies in their floodplain management programs. The State of Washington is also an NFIP community with floodplain management responsibilities and authorities (RCW 86.16). The Department of Ecology is the agency responsible for coordinating floodplain management at the state level and ensuring that state activities comply with NFIP standards, including the requirement to obtain local floodplain permits for development in the SFHA. If you have questions about RCW 77.55.181, floodplain management at the state level, or other Washington laws and policies that relate to development in the SFHA, please contact the Washington Department of Ecology. Learn more at fema.gov Mar 2021 5 FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway U& Dgmrtmenf of RMNW ad S curtsy Region X 130 228th street, SW HodidL WA 9802119796 Issued, 1999 *FEMA Rescinded: August 17, 2020 Policy on Fish Enhancement Stractures in the Fioodway The balance re uhcd between anadromous fish and the human environment is unique to the Northwest. Maintaining that balance often maks implementing ecgulations a dWIenge. Sometimes the local, State and Federal regulations contradict each other. This is the case with fish enhancement structuxes. FEMA's regulations require communities to prohibit encaoacbments ' A floodways unless provided with a no -rim analysis. The current listing and prop lila of certain anadromous fish species as Threatened or Endangered requures res -ariorethe:ir habitat to ensure their survivability. itestoxing that habitat often entails fioodway. A strict motion of this standard could require a zein ively've ,psis that might exceed the cost of the enleancanent prco ect. .0 FEMA recogmws this. While we behave the beast co encroachment standard as it exists, an informed judi can be made as to exceptions for which less flj&fhe The cominualty official often does not have re the impacts of these structuresd `l cor aunty to deft to the "judgme q qualified hydraulic or hydrology pm 10s�al6 a�lc Development and the Natural Resau C'Arn qualified staff of fisheries. o water V10f, is to preserve the F000dway g fish enhancement strutcum dmulia analyses are required. ake an informed juudgnaent : . Thercf nrn, FEMA will allow the Tofessional regardingg such impacts. Such !'include staff of Ru nd Conservation and t Service, It would also include similarly resources agencies. The qualified pmfessson ��niuimwn, provide a feasibility analysis and certification that, act was des, #a Cep . rise in 100 -year flood levels as close to zero as ly 'ble an tla ko st*� would be impacted by a potential rise. Additionally, routwe .t projt; would be necessary to sustain conveyance over time and the community s'h term Makumance pro �n dr acceptance office project. FEMA ! o ,.:,�,ds a condition be placed on M ojects emphasizing the dyxlatnics of a zip. Mlle community deems necessary, furffia analysis be required. We believe this is pre cable to trying to specify in the ordinance language all the diffmant types of "development" that need not comply with the "no rise" standard. Typically, any rise caused would rare some offsetting action such as compensatory storage, channel alteration, or removal of encroachment. One of these alternatives would be appropriate to compensate for any rise preserve the integrity of the floodplain standards. FEMA Region 10 feels this policy is in, keeping with the concept of wise floodplain tunent which means enjoying the benefits of floodplain lands and waters while still miulmiAngg loss of We and damage from flooding and at the same time preserving and restoring the natural resources of floodplains as much as possible. If you have any questions regarding this policy, please contact the Mitigation Division at (425) 4874737. vrmr fem,a.g" Learn more at fema.gov Mar 2021 6 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: June 28, 2021 TOPIC: Proposed Changes to Kittitas County Code Chapter 14.08 Flood Damage Prevention ACTION REQUESTED: Direction to staff. LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to prepare enabling documentation and set a public hearing to consider proposed changes to Kittitas County Code Chapter 14.08 Flood Damage Prevention. BRIEFING SUMMARY: • Kittitas County participates in the National Flood Insurance Program. Participating in this program benefits County residents by enabling residents with homes at flood risk to receive a federally backed mortgage and receive disaster assistance. • To remain in the National Flood Insurance Program, Kittitas County must update Kittitas County Code Chapter 14.08 by September 24, 2021, so that it meets minimum federal and state standards and must adopt and utilize updated floodplain hazard maps provided by FEMA. • Staff from FEMA, the Department of Ecology, the Community Rating System (CRS) Program and the Building Department have reviewed the Kittitas County ordinance and provided comment. • Kittitas County Public Works staff has proposed code revisions based on comments we have received. Staff recommends code revisions that are either required per federal and state standards, required to maintain our current standing in the Community Rating System Program or reflect current floodplain administration practices that are based on federal and state guidance. BACKGROUND: In 1981, Kittitas County joined the National Flood Insurance Program. Participating in this program benefits County residents by enabling residents with homes at flood risk to receive a federally backed mortgage and receive disaster assistance. Program participation also makes federal flood insurance available in our community. To participate in the National Flood Insurance Program, Kittitas County must have a floodplain management ordinance that meets minimum federal and state criteria and must adopt and utilize floodplain hazard maps provided by FEMA. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Staff from FEMA and the Department of Ecology have reviewed our ordinance and provided required and suggested code revisions. One of the required code changes would be to update the date of the effective Flood Insurance Rate Maps, so that we adopt and utilize the newest maps adopted by FEMA. Kittitas County must update Kittitas County Code Chapter 14.08 by September 24, 2021, so that it meets minimum federal and state standards and must adopt and utilize floodplain hazard maps provided by FEMA. The next step to meet this requirement would be to set a public hearing. DISCUSSION: Since it is critical that we update our ordinance by mid-September, staff recommends making those revisions that are required in order to remain in the National Flood Insurance Program or to maintain our current standing in the Community Rating System (which provides up to a 20 percent discount on flood insurance), or reflect current practices and should be reflected in code. Recommended revisions include: • utilizing the most recent set of flood maps adopted by FEMA • refencing Title 18 KCC for penalties for non-compliance; • updating the variance procedure to reflect current county procedures and to add language required by FEMA; • identifying code requirements for the storage of materials and equipment in the 100 -year floodplain; • referencing FEMA minimum standards to identify when flood elevation data needs to be developed for subdivision proposals; • identifying FEMA -notification requirements when a project will change flood risk; • clarifying permitting requirements for detached accessory buildings; • clearly stating that livestock sanctuary areas (elevated pads) are allowed in the 100 -year floodplain; and • utilizing consistent language about requirements to elevate building mechanical and utility equipment so that we will meet CRS requirements. FISCAL IMPACTS: Costs associated with new map adoption and associated ordinance update are contemplated in the adopted Flood Control Zone District 2021 budget. Attachment: Exhibit 1: Track version of Kittitas County Code Chapter 14.08 showing proposed changes. Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Exhibit 1: Track version of Kittitas County Code Chapter 14.08 showing proposed changes Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Chapter 14.08 FLOOD DAMAGE PREVENTION* Sections Article 1. Purpose and Definitions 14.08.010 Purpose. 14.08.015 Methods of reducing flood losses. 14.08.020 Definitions. Article II. General Provisions 14.08.030 Lands to which this chapter applies. 14.08.040 Basis for establishing the areas of special flood hazard. 14.08,050 Compliance. 14.08.060 Abrogation and greater restrictions. 14.08.070 Interpretation, 14.08.080 Warning and disclaimer of liability. Article Ill. Administration 14� Development permit required. 14.08.100 Designation of the administrator. 14.08.110 Application for development permit. 14.08.115 Elevation Certificates 14.120 Use of other base flood data. 14.08.130 Information to be obtained and maintained. 14.08.140 Alteration of watercourses. 14.08.150 Interpretation of FIRM boundaries. Article IV. Variance Procedure 14.08.160 Appeal board. 14.08.170 Conditions for variances. Article V. Provisions for Flood Hazard Reduction 14.08.180 General standards. 14.08.190 Anchoring. 14.08.195 (Deleted) 14.08.200 Construction materials and methods. 14.08.210 Utilities. 14.08.220 Subdivision proposals. 14.08.230 Review of building permits. 14.08.240 Specific standards. 14.08.250 Residential construction. 14.08.260 Detached accessory buildings (garages). 14.08.270 Nonresidential construction. 14.08.280 Critical facility. 14.08.290 Manufactured homes. 14.08.295 Recreational vehicles. 14.08.300 Floodways. 14.08.305 Wetlands management. 14.08.310 Standards for shallow flooding areas (AO Zones). 14.08.315 Standards for filling, grading in floodplain. * *Prior legislation: Ords. 79-4, 81-3, 81-2, 82-4, 89-4. Article I. Purpose and Definitions 14.08.010 Purpose. It is the purpose of this chapter: 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control and flood relief projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; S. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and 9. To administer the Washington State Floodplain Management Act (Chapter 86.16 RCW) and maintain Kittitas County's eligibility to participate in the National Flood Insurance Program. (Ord. 2001-03; Ord. 93-18 § 1, 1993). 14.08.015 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: 1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4. Controlling filling, grading, dredging, and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 2001-03). 14.08.020 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it's most reasonable application. Accessory Structure A structure on the same parcel of 12rol2eM as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes the term includes only accessa structures used for parking and storage. 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. Appeal A request for review of the county floodplain administrator's interpretation or application of any provision of this chapter or a request for a variance. Area of shallow flooding A designated AO, of AH or AR AH Zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average. The base flee"epths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. Area of special flood hazard The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on FIRM maps include the letters A, AO. AH. Al -30. AE. A99 and Ak. Also referred to as "100 -year floodplain" and "special flood hazard area." Agriculture "Agriculture" is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, and harvesting for the production of crops and pasture; soil and water conservation practices; the maintenance of farm or stock ponds, irrigation ditches, irrigation structures, drainage ditches, underground drainage systems, fences and farm roads, the control of noxious weeds or other generally accepted agriculture practices, and for purposes of this chapter does not include associated structures and/or appurtenances. ASCE 24 The most recently published version of ASCE 24 Flood Resistant Design and Construction published by the American Society of Civil Engineers. Base flood The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood." Designatign en maps always iReludes the letteF A. Base flood elevation The computed elevation to which flood water is anticipated to rise during the base flood period. Base Flood Elevations (also referred to as BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of structures. Relationship between the BFE and a structure's elevation determines the flood insurance premium. Basement Any area of the building having its floor subgrade (below ground level) on all sides. Best available information 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. BFeakaway wan! A wall that is Ret part ef the StFUCWFal suppeFt of the building and thFeugh 4r, damage te the elevated penien ef the building eF supper -ting f0WRdatiGR SygteFP, Building See "Structure" Building Code The most currently _effeeti a ..„.. � edition of the International Building Code and the International Residential Code as adopted and amended by the Stgeme Washington State Building Code Council. Critical facility A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste, and certain service facilities for utilities and special utilities (as defined under Chapter 17.61 KCC) as determined by the administrator. Development Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the areas of special flood hazard. Elevated building For insurance purposes, a non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation Certificate The official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. Existing manufactured home park or subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood (or "flooding") A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from 2_ The overflow of inland or tidal waters. 3. The unusual and rapid accumulation or runoff of surface waters from any source. 4. cMudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph fl)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normal) d land areas as when earth is carried by a current of water and deposited along the path of the current. 5. 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 anticir)ated cvclical 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 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 lor flood -related erosion hazards. Also known as a Flood Insurance Study (FIS). Flood insurance rate map (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards 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 The officialPFeVided by the Cederal Ins. .range A difninistFatieR that includes flood prefilesr the Flood BoundaFy Pleedway Map, and the -5--irf-ace elevatien of the base fleed See "Flood Elevation Study." Floodplain or flood -prone area Any land area susceptible to being inundated by water from any source. See "Flood or flooding." Floodplain administrator The communi1y official designated by title to administer and enforce the flood Iain management regulations. Floodplain management regulations Zoning ordinances, subdivision regulations, building codes. health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police 12ower. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood Rroofing Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damacie 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. Floodway The channel of a river or other watercourse and the adjacent land areas (a portion of the 100 -year floodplain) that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 9ne feetdesignated height. Also referred to as "Re ulato Floodwa . Functionally del2endent use A use which cannot perform its intended purpose unless it is located or carried out in close proximily to water. The term includes only docking facilities ort facilities that are necessa for the loading and unloading of caro or passengers, and ship building and ship re air facilities and does not include Iona -term storage or related manufacturing facilities. Highest adjacent grade The hi hest natural elevation of the ground surface l2rior to construction next to the proposed walls of a structure. Historic structure: Any structure that is: 1. Listed individually in the National Register of Historic Places fa listing maintained by the Department of Interior or preliminarily determined by the Secreta of the Interior as meeting the requirements for individual listing on the National Register: 2. Certified or preliminarily determined by the Secreta of the Interior as contributing to the historical si nificance of a re istered historic district or a district preliminarily determined b the Secreta to qualify as a registered historic district,• 3. Individually listed on a state invento of historic places in states with historic preservation ,programs which have been -approved by the Secretary of Interior: or 4. Individually listed on a local invento of historic places in communities with historic preservation programs that have been certified either: a By an approved state program as determined by the Secreta of the Interior, or a),b)[Directly by the Secretary of the Interior in states without al2l2rove"rog rams. Lowest floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles. building access, r storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements in KCC 14.08.250(2). Manufactured home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 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 New construction For the purposes of determining insurance rates. structures for which the "start of construction" commenced on or after the effective date of this eFdinanee Eediiied i- *w:� eha an initial Flood Insurance Rate Map or after December 31. 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance codified in this chapter and includes any subsequent im rovements to such structures. New manufactured home park or subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets; and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted fluodpiain management regulations. One -hundred -year flood or 100- ear flood See "Base flood." Reasonably Safe from Flooding Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies historical data hiah water marks and other reliable date known to the communi1y. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means reasonably safe from flooding means that the lowest floor is at least two feet above the Highest Adjacent Grade. Recreational vehicle A vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; Riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Start of construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms nor does it include the installation on the propedy of accesso buildings, such as garacies or sheds not occupied as dwelling units or not l2art of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure A walled and roofed building, including gas or liquid storage tanks, that are principally above ground, as well as a_manufactured home. Substantial damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement Any4epaif, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure eitherRbefore the "start of construction" efof the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual re air work performed. If the stFuctur-e has been damaged and is being FeSteFed, befeFe damage eer=uFFed. FeF the PUFPeses of this "substantial impr-evementLmis Gel;SideFed to erzr=UF when the fiFst alterat*eR of any wall, cei"Fig, floor-, ef ether StFUCtUFal pa4 the stFuetwe. The term does not include either: 1. any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. (i4any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a "historic structure." Jisted on the Naim Ral Variance A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Water surface elevation The hei ht in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas Water dependent A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2014-015. 2014; Ord. 2012-009, 2012; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 2.0, 1993). Article 11. General Provisions 14.08.030 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of unincorporated Kittitas County. (Ord. 2001-03; Ord. 93-18 § 3.1, 1993). 14.08.040 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administrator4R in a scientific and engineering report entitled "The Flood Insurance Study for Kittitas County. Washington and Incorporated Areashe Geun*,. of Kittitas Qu*," dated ^.e emb,,, F 5, September 24 2021 and any revisions thereto, with an accompanying Flood Insurance Rate Maps (FIRM) and Fleed Boundary and-Fleedway Map, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at the Kittitas County Public Works Department at 411 N Ruby ST Suite 1 Ellensburg, WA 98926. The best available information for flood hazard area identification as outlined in KCC 14.08.120 shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under KCC 14.08.120. (Ord. 2014-015.2014; Ord. 2012-009.2012; Ord, 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 3.2, 1993) 14.08.050 Compliance. No structure or lard shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 2001-03; Ord. 93-18 § 3.3, 1993). 14.08.055 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 failure to comRly with any of its requirements(including violations of conditions and safeguards established in connection with conditions is subject to penalties and enforcement under Title 18 KCC. 14.08.060 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2001-03; Ord. 93-18 § 3.4, 1993). 14.08.070 Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2001- 03; Ord. 93-18 § 3.5, 1993). 14.08.080 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Kittitas County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2001-03; Ord. 9318 § 3.6, 1993). 14.08.085 Seyerabill% This ordinance and the various parts thereof are hereby declared to be severable. Should any Section of this ordinance be declared by the courts to be unconstitutional or invalid such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. Article Ill. Administration 14.08.090 Development permit required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in KCC 14.08.040. The permit shall be for all structures including manufactured homes, as set forth in definitions (KCC 14.08.020), and for all development including fill and other activities, also as set forth in definitions (KCC 14.08.020). (Ord. 2001-03; Ord. 93-18 4.1, 1993). 14.08.100 Designation of the administrator. The Kittitas County Public Works direetAr Directo is appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. 14.08.105 Duties and Responsibilities of the Floodplain Administrator Duties of the Floodplain_ Administrator shall include but not be limited to: 1. Interpretations of the flood insurance rate maps (FIRM), and floodplain and floodway field designations. The Kittitas County Public Works Department shall maintain and keep all files and related information regarding the county's National Flood Insurance Program eligibility. 2-PubliE GFkS shall be resp„��Ffield verification of 4Fs�lowest floor elevations at the time of framing inspection, and all other special construction requirements contained in this chapter. 2-3 Publie ` OFIES `hall also be Fespensible f9r ascertaining whether all building permits issued in areas within the 100 -year floodplain comply with all of the special construction requirements of this chapter. 3.4 Th4 V:++:+,, r„ ..t . Public IAI.,.I.r n„ ,.+m ..+ ..,a Q. :l.J:R.. divisionsshallReview all development permits to determine that the permit requirements of this chapter have been satisfied; 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. 5. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of KCC 14.08.300 are met. 6. Review all development permits to determine that the site is reasonably safe from flooding. 4.7. Notify FEMA when annexations occur in the Special Flood Hazard Area. &8. Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information. (Ord. 2014-015. 2014; Ord, 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.2, 1993) 14.08.110 Application for development permit. Applications for a building or floodplain development permit shall be made on forms furnished by Kittitas County 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 location of the following. Specifically, the following information is required: 1. Proposed 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. Proposed elevation in relation to mean sea level to which any structure has-beeewill he flood - proofed; 3. Certification by a registered professional engineer or architect that the flood -proofing methods for any nonresidential structure meet the flood -proofing criteria in KCC 14.08.270: and 4. Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. (Ord. 2001-03; Ord. 93-18 § 4.3, 1993). S. Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base Flood Elevation: and 4-6. Any other such information that may be reasonably required by the Flood Iain Administrator in order to review the application. 14.08.115 Elevation certificates. Flood elevation certificates will be required to be submitted to and be permanently maintained by the Public Works Department: 1. For construction drawings prior to review of a building permit 2. For a building under construction prior to scheduling of a framing inspection 3. For finished construction prior to issuance of a Certificate of Occupancy (Ord. 2014-015 2014, Ord. 2007-22, 2007) 14.08.120 Use of other base flood data. When base flood elevation data has not been provided (A zones) in accordance with KCC 14.08.040. Basis for establishing the areas of special flood hazard, the PUbliC ti GFIES diFecte Floodplain Administrator 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 KCC 14.08.240 through 14.08.290. Specific standards, and KCC 14.08.300, Floodways. The applicant for proposed developments where no base flood elevation exists shall conduct a site specific engineering analysis to determine a base flood elevation for the project site- when the thresholds identified in KCC 14.08.22u are met. (Ord. 2014-015. 2014; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.4, 1993) 14.08.130 Information to be obtained and maintained. 1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KCC 14.08.120, obtain and 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 flood insurance study, FIRM, or as required in KCC 14.08.120- a. �� �ify ancQbtain and maintain a record of the actual elevation (in relation to mean sea level) to which the structure was flood -proofed; and b. Maintain the flood -proofing certifications required in KCC 14.08.110(3). 3. Maintain for public inspection all records pertaining to the provisions of this chapter. 4. Certification required b z)ecrion i4.08.300(l) floodwa encroachments), 5. Records of all variance actions including 'ustification for their issuance. 3-. Improvement and damage calculations. 4.7. Professional land surveyors shall be authorized to prepare elevation certificates for compliance with this chapter and the National Flood Insurance Program. Engineers and architects shall be authorized to prepare floodproofing certificates for compliance with this chapter and the National Flood Insurance Program. (Ord. 2013-008, 2013; Ord. 2012-009 2012; Ord. 2007-34, 2007; Ord. 2001-03; Ord. 93-18 § 4,5, 1993). 14.08.140 Alteration of watercourses. The .Jiro.-+aF 9f 0611910E WeFks henever a watercourse is to be altered or relocated: 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Ad,,. iRor.+r-;;t' nAdministrator through appropriate notification means. and: 2. Assure that the flood carrvine capacity of the altered or relocated Portion of said watercourse is maintained wateKeur-se so that the flood eaFFYiAq Eapacity ns net dimlR0qhzd. (Ord. 2014-015. 2014; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.6, 1993) 14.08.150 Interpretation of FIRM boundaries. The .ac,.e..t„r of o„h';rz tiA4;Fkr, rh," ~~Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in KCC 14.08.160. (Ord. 2014-015. 2014; Ord. 2001-03; Ord. 93-18 § 4.7, 1993) Article IV. Variance procedure The variance criteria set forth in this section of the ordinance are based on the eneral 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 a1212licant or the surrounding12roperty 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 owner. It is the duty of the Kittitas County Hearings Examiner 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 guite rare. The long-term goal of Rreventing 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. 14.08.160 Appeal board. 1. The Kittitas County building appeals be -'Hearings Examiner as established by the county shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The appeals-beafdHearings Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the county in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the Hearings Examiner or any taxpayer may appeal such decision to the Kittitas County superior court as provided by law. 4. In passing upon such applications, the appear bear4-Hearings Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development, h. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and k. 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. 5. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation provided subsections (4)(a) through (k) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. b. Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the appeals beaFd-Hearin s Examiner may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter. 7. PUIcsThe Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 8. After the county has rendered an order either granting or denying a flood control zone permit, said order may be appealed to the Pollution Control Hearings Board pursuant to state law. (Ord. 2014-015, 2014; Ord. 2007-22,2007; Ord. 2001-03; Ord. 93-18 § 4.8, 1993) 14.08.170 Conditions for variances. 1. Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures listed enthe-National-Register of HistoricPlaees«Tthe State'..,..,nteF., of Histe-:.. w+ul2on a determination that the proposed repair or rehabilitation wil not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variance requests in the designated floodway shall be accompanied by a professional engineering analysis of the resultant base flood discharge. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and upon: a. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, -aril create a nuisance cause fraud or victimization of the public, or conflict with existing local laws or ordinances. c. A showing of good and sufficient cause. 43d.A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 14.08.020 of this ordinance in the definition of "Functionally Dependent Use." 4. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property, they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevation requirements should be quite rare. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood -proofing than watertight or dry -flood -proofing, where it can be determined that such action will have low damage potential, and comply with all other variance criteria. 3-6. The Floodplain Administrator shall condition the variance as needed to ensure that the requirements and criteria of this ordinance are met. &7. Any applicant to whom a variance is granted shall be given written notice over the signature of a communi1y official that the issuance of a variance to construct a structure +hattAe st t e Will be teed t9 be built with a 19west floor ,.l....a below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and propgqy and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2012-009, 2012; Ord. 2001-03; Ord. 93-18 § 4.9, 1993). Article V. Provisions for Flood Hazard Reduction 14.08.180 General standards. In all areas of special flood hazards, the following standards (set forth in KCC 14.08.190 through 14.0_ 8.2301 are required. (Ord. 200103; Ord. 93-18 § 5.1, 1993). 14.08.190 Anchoring. 1. All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic leads mnelud'nloads including the effects of buoyancy. 2. All manufactured homes must likewise 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 frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (Ord. 2001-03; Ord. 93-18 § 5.1.1, 1993). 14.08.195 (Deleted). (Ord. 2007-34, 2007; Ord. 2001-03). 14.08.200 Construction materials and methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. 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. (Ord. 2001-03; Ord. 93-18 § 5.1.2, 1993). 14.08.205 Storage of Materials and Equipment 1. The storage or processing of materials that could be injurious to human animal or olant life if released due to damac3e from flooding is prohibited inspecial flood hazard areas. 2. Storacie of other material orequipment ma 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. 14.08.210 Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from systems into floodwaters. 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. New water wells shall be constructed in compliance with WAC 173-160-171, on high ground that is not in the floodwa , 5. Fuel storage tanks shall either be elevated or anchored using methods and practices that minimize flood damage. (consistent with FEMA's "Protecting Building Utilities From Flood Damage" guidebook for techniques). (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.1.3, 1993). 14.08.220 Subdivision proposals and Development. All subdivisions as well as new development shall: 1 All subd' iSie ..,..,.,... als shall be Be consistent with the need to minimize flood damage. 2 All subdivision pFepesals shall haw Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All 5UI9diVi5i9A ffeP945 S F ave adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments :ontaining_oreater than 50 lots or 5 acres (whichever is lesser, and shall be included as 6.art of the application and noted on the final mylar. 5. All subdivisions shall show on the face of both the preliminary and final plat, for either short or long plats, the boundary of the 100 year floodplain and floodway. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.1.4, 1993). 14.08.230 Review of building permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (KCC 14.08.120), applications for buildi �g-floodplain n -development shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 2001-03; Ord. 93-18 § 5.1.5, 1993). 14.08.235 Changes to Special Flood Hazard Area. 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. 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. 14.08.240 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided '1- 39, AN, and E) ,s set forth in KCC 14.08.040. Basis for establishing the areas of special flood hazard, or KCC 14.08.120. Use of other base flood data, the following provisions are required. (Ord. 200103; Ord. 93-18 § 5.2, 1993). 14.08.250 Residential construction. 1. In AE and Al -30 zones, or other A zoned areas where the BFE has been determined or can be reasonably obtained, ljnew construction,-aqd =substantial improvement, and reconstruction due to substantial damage of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking access or storage shall be designed to automatically equalize hydrostatic and hydrodynamic 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 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. ci Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. c—.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.e. Because of hydrodynamic loads, below grade crawlspace construction is not permitted in areas with flood velocities greater than 5 feet per second unless the design is approved by a registered architect or licensed engineer. 3. Any interior or exterior building utility systems must be elevated one-foot or more above the Base Flood Elevation (BFE) with the exception of utility meters and equipment specifically designed to withstand inundation according to the standards of the International Residential Codes and the NAP system eempenents dwFinq flood conditions. in paFtkulaF must be Waited aheve tke 4. Portions of buildings below the BFE must be constructed using methods and practices that minimize flood damages, and with materials resistant to flood damage. This includes any joists, pony walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE. 5. The elevation of the interior crawlspace grade (inside of the foundation walls in crawlspace construction) must be at or above the lowest elevation of the exterior grade. Below -grade crawlspace foundations will be allowed only if all of the following conditions are met, in addition to the minimum criteria set forth above in this subsection: (buildings that have below -grade crawlspaces may have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the lowest adjacent exterior grade). a. The interior grade of the crawlspace (below the BFE) must not be more than 2 feet below the lowest adjacent exterior grade. b. The height of the below -grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed 4 feet at any point. There must be an adequate drainage system that removes floodwaters from the interior of the crawlspace. Possible options include natural drainage through porous, well drained soils and drainage systems such as perforated pipes, drainage tiles, gravel or crushed stone drainage by gravity, or mechanical means. c d. The velocity of floodwaters at the site should not exceed five (5) feet per second for any crawlspace. 6. Garages attached to a residential structure must have the floor elevated above the BFE or be constructed according to the following conditions: a. The walls must have openings designed to automatically equalize hydrostatic and hydrodynamic flood forces by allowing for the entry and exit of floodwaters. (See the requirements listed above for the residential structure per 14.08.2501. b. All portions of the garage below the BFE must be constructed with materials resistant to flood damage. This includes any studs, walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE. Any utility systems within the garage must be elevated one foot or more above the Base Flood Elevation (BFE) with the exception of utility meters and equipment specifically designed to withstand inundation according to the standards of the International Residential Codes and the NFIP acc ate within the system compenents during flee d ...diti 7. New construction a 4 -substantial improvement and reconstruction due to substantial damage of any residential structure in an AO zone shall meet the requirements in- KCC 14.08.310 AaRgndiiiA ::8. 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 reasonabix safe from flooding, but in all cases the lowest floor shall be at least two feet above the Highest Adjacent Grade. (Ord. 2014-015,. 2014; Ord. 2007-34, 2007; Ord. 2007-22,2007; Ord. 2001-03; Ord. 93-18 § 5.2.1, 1993) 14.08.260 Detached accessory buildings (garages and small storage sheds). The following special provisions apply only to detached accessory structures used as garages or small storage sheds to single-family residences. 1. Detached accessory structures shall have the lowest floor elevated above the base flood elevation. When an accessory structure Feffesents a minimal investmentis not larger than a one- sto and 800 s uare feet—the structure need not be elevated. However, the structure must have openings to allow floodwater in and out as required by KCC 14.08.250(2) and be constructed using flood resistant materials below the BFE. A miRiFnal shall be deteRnined by the -ed-we and shall he Conmac.-are.- mal nr. estmen+ 2. For floodplain management purposes"ccesse:,• ccessory structures shall not be used for human habitation and must be limited to parking and storage. 3. Accessory structures shall comply with the foundation opening requirements in KCC 14.08 25!(2). 4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters. 5. Accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure which may result in damage to other structures. 6. Accessory structures must comply with floodway encroachment provisions in KCC 14.08.300. 7. Service facilities such as electrical and heating equipment shall be elevated one foot or more above the base flood elevation. 8. If the structure is converted to another use it must be brought into full compliance with the standards governing this ordinance. 9. Detached garaaes. storage structures and other accesso structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 14.08.250. 7L.10. Upon completion of the structure, certification that the requirement of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 8-.11. Applicants that elect not to elevate the lowest floor of accessory structures under the provisions of this section shall be notified that flood insurance premium rates may be increased as a result of this practice. The applicant shall be aware that flood insurance rates may be increased as a result of this practice, and a note stating such shall be included in the issuance of related permits. (Ord. 2014-015.2014; 0-20^ 1� 2012; Ord. 2007-34, 2007; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 4 5.2.2, 1993) 14.08.270 Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structures, except detached accessory structures, 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 meet requirements of subsection 1 or 2. below: New construction afA-substantial improvement, and reconstruction due to substantial damage of any commercial industrial or other nonresidential structure shall meet all of the following requirements: a In AE and Al -30 zones 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 structure shall have the lowest floor, includina basement elevated one foot or more above the BFE. or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE or as required by ASCE 24, whichever is greater. b) If located in an AO zone, the structure shall meet the requirements in Appendix A 1 If located in an Unnumbered A zone forwhich 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. d Full enclosed areas below the lowest floor that are subject to floodingare rohibited or if used sole) for arkin access or storage shall be desi ned to automatically a ualize hydrostatic flood forces on exterior walls by allowing for the ent 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: i Have a minimum of two openings with a total net area of not less than onesquare inch for every square foot of enclosed area subject to flooding. ii) The bottom of all openings shall be no higher than one foot above grade. iii) Openings ma be eqUiDped with screens louvers valves or other coverings or devices provided that they permit the automatic ent and exit of floodwater. iv A garage attached to a structure constructed with the garagelloor slab below the BFE must be designed to allow for the automatic entU and exit of flood waters. 21_ If the requirements of subsection 1 are not met then new construction and substantial improvement of any commercial industrial or other nonresidential structure shall meet all of the following requirements: iL Be flood -proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood roofed to the elevation required by ASCE 24 whichever is rester: b) Have structural components riapable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, c) Be certified by a registered professional engineer or architect that the design and methnds of construction are in accordance with accepted standards of {practice for rneeiing provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.08.130(2). Nonresidential structures that are elevated, not flood -proofed, must meet the same standards for space below the lowest floor as described in KCC 14.08.250(2). Applicants 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. (Ord. 2001-03; Ord. 93-18 § 5.2.3, 1993). 14.08.275 Enclosed Area Below the Lowest Floor If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles building access or sto_ rase. 14.08.280 Critical facility. Construction of new, critical facilities shall be located outside the limits of the special flood hazard area. However, new construction and substantial improvement of both new and existing critical facilities shall be permissible within the 100 -year floodplain, provided no feasible alternative site is available, and provided the facility's nature is related to or necessitates a riverine location (such as municipal water and sewer pump stations and related treatment facilities). 1. Critical facilities shall have the lowest floor elevated three feet or more above the base flood elevation or the height of the 500 -year flood, whichever is higher; and 2. Flood -proofing and sealing measures must be taken to ensure that toxic substances.will not be displaced by or released into floodwaters; and 3. Access routes to critical facilities shall be elevated to or above the base flood elevation to the extent possible. (Ord. 2012-009. 2012; Ord. 2001-03; Ord. 93-18 § 5.2.4, 1993). 14.08.285_ Livestock Sanctuary Areas. Elevated areas for the purpose of creating a flood sanctua for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized approl2riately for the expected number of livestock and be elevated sufficiently to protect livestock._ Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. 14.08.290 Manufactured homes. All manufactured homes to be placed or substantially improved on sites: shall be elevated on a ,permanent rounciation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundations stem to resist flotation colla se and lateral movement. 4.2)Any interior or exterior building utility systems must be elevated one -foot or more above the Base Flood Elevation (BFE) with the exception of utility meters and equipment s ecificall designed to withstand inundation according to the standards of the International Residential Codes and the NFIP. r -Ln -an .".::r..,"... i. len to an existing manufaEtuFed h9 paF'(OF bdi ; 14.08.295 Recreational vehicles. 1. Recreational vehicles shall not be placed in a special flood hazard area from January 1st until the Wednesday before Memorial Day and again from November 15th through December 31st. The prohibition shall be inclusive of the end date of each period. An RV placed before the prohibited period shall not remain after November 14th; and Exception: This regulation shall not be interpreted to prevent recreational use of property, but shall prohibit the unattended storage of all recreational vehicles and equipment during the flood season as outlined in 14.08.295 (1). If a notice of correction is placed upon the Recreational Vehicle and such notice is observed upon such Recreational Vehicle over 72 hours later, such observation shall create a rebuttable presumption of unattended storage. Such notice must reference that failure to remove it will create the before stated presumption. Exception: Lawfully established, conditionally permitted uses (CUPS) such as campgrounds and recreational parks in existence prior to the adoption of this ordinance shall be allowed to continue their approved operations provided such uses are not dangerous to life and property and have and continue to comply with the laws and regulation as they existed at the time the CUP was issued. Such uses shall not be expanded and must comply with all rules and regulations regarding nonconforming uses. 2. Recreational vehicles a shall L-kbe fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions. or: b Be on the site for fewer than 180 days, or c) Meet the requirements of Section 14.08.290 above. -2-3. Park Model Trailers as defined in KCC 14.04.045 shall not be placed in a flood hazard area. Exception: to 1, 2, and 3 above. A recreational vehicle or Park Model Trailer being used as a primary residence and located in manufactured/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008 is exempted from the restrictions found in subsections 1, 2, and OWN 01. M-Mr.r.runn-C 14.08.295 Recreational vehicles. 1. Recreational vehicles shall not be placed in a special flood hazard area from January 1st until the Wednesday before Memorial Day and again from November 15th through December 31st. The prohibition shall be inclusive of the end date of each period. An RV placed before the prohibited period shall not remain after November 14th; and Exception: This regulation shall not be interpreted to prevent recreational use of property, but shall prohibit the unattended storage of all recreational vehicles and equipment during the flood season as outlined in 14.08.295 (1). If a notice of correction is placed upon the Recreational Vehicle and such notice is observed upon such Recreational Vehicle over 72 hours later, such observation shall create a rebuttable presumption of unattended storage. Such notice must reference that failure to remove it will create the before stated presumption. Exception: Lawfully established, conditionally permitted uses (CUPS) such as campgrounds and recreational parks in existence prior to the adoption of this ordinance shall be allowed to continue their approved operations provided such uses are not dangerous to life and property and have and continue to comply with the laws and regulation as they existed at the time the CUP was issued. Such uses shall not be expanded and must comply with all rules and regulations regarding nonconforming uses. 2. Recreational vehicles a shall L-kbe fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions. or: b Be on the site for fewer than 180 days, or c) Meet the requirements of Section 14.08.290 above. -2-3. Park Model Trailers as defined in KCC 14.04.045 shall not be placed in a flood hazard area. Exception: to 1, 2, and 3 above. A recreational vehicle or Park Model Trailer being used as a primary residence and located in manufactured/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008 is exempted from the restrictions found in subsections 1, 2, and 3 above. The placement of such recreational vehicle or Park Model Trailer requires both a permit under KCC 17.92.020 and engineering to address the flood hazard. Additionally, such placement shall be conditioned upon meeting all the requirements placed upon a mobile and/or manufacture home in the same location. (Ord. 2014-015.2014; Ord. 2009-25, 2009; Ord. 200103) 14.08.300 Floodways. Located within areas of special flood hazard established in KCC 14.08.040 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: (i) before the repair or reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. 3. If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14 08.180 through 1408.310provisions for flood hazard reduction, except for construction and reconstruction of residential structures that is prohibited by subsection (2) of this section. dump tFUek. The tetal ameunt ef FnateFi-;,' G -h -All RR -t- exceed one lgad peF ealendaF year. 4. Traditional agricultural practices are exempt. (Ord. 2014-015. 2014, Ord. 2013-008, 2013; Ord. 2012-009,2012; Ord. 2007-34,2007; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.3, 1993) 14.08.305 Wetlands management. See KCC Title 17A. (Ord. 2001-03; Ord. 93-18 § 5.4, 1993. Formerly 14.08.310). 14.08.310 Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: New construction substantial improvements and reconstruction due to substantial damage of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basements and mechanical eauligme^*} elevated above the highest grade adjacent to the building, one foot or more above the depth number specified in feet on the FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). a:b. Any interior or exterior building utility systems must be elevated one -foot or more above the depth numberspecified in feet on the FIRM at least two feet above the highest adjacent grade to the structure if no depth number is specified)with the exception of utility meters and equipment s ecificall designed to withstand inundation according to the standards of the International Residential Codes and the NFIP. 2. New construction and substantial improvements of nonresidential structures within AO Zones shall either: a. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities, be completely flood -proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in KCC 14.08.270{3). 3 —Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 4. Recreational vehicles placed on sites within AO zones on the community's FIRM either: a. Be on the site for fewer than 180 consecutive days, or b. Be fully licensed and ready for highway use, on its wheels oraackingVstem, is attached to the site only by quick disconnect type utilities and security devices and has no permanently_ attached additions: or c. Meet the requirements of subsections 1 and 3 above and the anchoring re uirements for manufactured homes (Section 14.08.190(2). (Ord. 2014-015, 2014, Ord. 2009-25, 2009; Ord. 2001-03; Ord. 93-18 § 5.5, 1993. Formerly 14.08.320) 14.08.315 Standards for filling, grading in floodplain. Filling, grading or other activity that would reduce the effective storage volume shall be mitigated by creating compensatory storage on-site, or off-site if legal arrangements can be made, to assure that the effective compensatory storage volume will be preserved over time; provided, however, that no increased upstream or downstream flood hazard shall be created by any fill authorized in the floodplain by this chapter or other applicable chapters. Ord. 2011-013 2011) 14.08.320 Standards for AE and Al -30 Zones with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory flood way has not been designated), no new construction, substantial improvements. or other development (including fill) shah be permitted within Zones Al -30 and AE on the county's FIRM. 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 foot at any point within the community, (Ord. 2012-009. 2012)