An ordinance amending Forks Municipal Code Chapter 14.05

To comport the City’s Flood Management Program with
the State of Washington’s Model Ordinance



Whereas, the State of Washington has adopted a model Flood Damage Prevention Ordinance;



Whereas, the City of Forks has adopted a similar ordinance in order to be in compliance with its federal and state obligations to reduce the potential of injuries and damaged property in the case of flooding within the City;



Whereas, the City participated in a Community Assistance Visit with the designated National Flood Insurance Program officials, and that visit revealed the need for a few minor updates to the existing City ordinance;



NOW, The City Council of the City of Forks do ordain as follows:



Section 1. Amending FMC 14.05.050.   FMC 14.05.050 is amended as follows:



A. Creating a definition of “basement.”  The definition below is added:



“Basement” any area of a building having its floor subgrade (below ground level) on all sides.  



B. Amending the definition of “development.”  The definition below is amended as indicated by the addition of those words underlined:



“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, or storage of equipment or materials operations located within the area of special flood hazard.



C.     Creating a definition of “recreational vehicles.”  The following definition is hereby added:

Recreational vehicle means a vehicle,

1) Built on a single chassis;

2) 400 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.



Section 2. Amending FMC 14.05.070.  This section is amended as indicated by the addition of those words underlined:



Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration and the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for the Town of Forks”, dated July 4, 1978, with accompanying amended flood insurance rate map, dated May 27, 1988, and any revisions thereto, is hereby adopted by this reference and declared to be a part of this chapter. The Flood Insurance Study and accompanying amended flood insurance rate map are on file at Forks City Hall, Forks, Washington, and are incorporated herein by this reference in the same manner as if fully set forth herein.



Section 3. Amending FMC 14.05.170.  This section is amended as indicated by the addition of those words underlined:



Information to be obtained and maintained.

(1) Where base flood elevation data is provided through the flood insurance study  (FIRM) or required as in FMC 14.05.160, obtain and record 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 non-residential floodproofed structures:

(a) Verify and record the actual elevation to which the structure was floodproofed (in relation to mean sea level); and

(b) Maintain the floodproofing certifications required in FMC 14.05.120(2)(c).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.



Section 4. Amending FMC 14.05.320.  This section is amended as indicated by the addition of those words underlined:



Floodways.

Located within areas of special flood hazard established in FMC 14.05.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, 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 or architect is provided demonstrating through hydrological and hydraulic analysis performed in accordance with standard engineering practices that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article, Provisions for Flood Hazard Reduction.

(3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision.



Section 5. Amending FMC 14.05 and creating a new section regarding “recreational vehicles.”  The following is added to FMC 14.05 as a new section to said chapter.

Recreational vehicles placed on sites subject to the provisions of this chapter are required to either:

1) Be on the site for fewer than 180 consecutive days, (or)

2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

3) Meet the requirements of 5.2-3 above and the elevation and anchoring requirements for manufactured homes.



Section 6. New Section.  Severability.



If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity



Section 7. Effective Date.  This ordinance shall take effect five days after publication in the designated journal of record for the City of Forks.



Passed this 13th of December 2004.





___________________________

Nedra Reed, Mayor



Attested to and Authenticated by:                                           Approved as to Form:



______________________                                                    ____________________

R. Daniel Leinan                                                             William R. Fleck

Clerk/Treasurer                                                                     Attorney/Planner