15.09.020 City superintendent – Powers.

A. The city superintendent shall establish standard plans for specific details of public works construction when, in his opinion, it is needed to better show standard public works construction practices for the city of Cash­mere.

B. The city superintendent shall have the discretion to disapprove any of the standard specifications for municipal public works adopted in CMC 15.09.030 if, in his opinion, the use of any said specifications or materials in regard to a particular project would not be suitable, or would not meet with the highest standards of engineering and construction prevailing in the city.

C. The city superintendent shall approve or disapprove specific public works project plans and specifications in a timely manner.

D. The city superintendent shall administer all public works projects that are being constructed for or by the city of Cashmere.

E. The city superintendent or his appointee shall inspect all public works projects for the city of Cashmere, during their construction, to ensure construction is being done in accordance with project plans and specifications or standard plans and specifications. (Ord. 883 § 1, 1996).

15.09.030 Standards – Compliance required.

A. The 1994 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association, Washington State Chapter (APWA), is hereby adopted by the city of Cashmere. All future editions shall be adopted automatically when published by the WSDOT and the APWA and at least one copy is on file with the city superintendent.

B. The Standard Plans for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association, Washington State Chapter (APWA), is hereby adopted by the city of Cashmere. All future editions and specific changes shall be adopted automatically when published by the WSDOT and the APWA and at least one copy is on file with the city superintendent.

C. If there is a conflict between the Standard Specifications for Road, Bridge, and Municipal Construction adopted in subsection A of this section and specifications approved by the city superintendent for a specific project, the specific project specifications shall take precedence.

D. If there is a conflict between the Standard Plans for Road, Bridge, and Municipal Construction adopted in subsection B of this section and standard plans prepared by the city superintendent or project plans approved by the city superintendent, the standard plans prepared by the city superintendent or project plans approved by the city superintendent shall take precedence. (Ord. 883 § 1, 1996).

15.09.040 Street design policies.

Design and construction policies for streets in the city of Cashmere shall meet the following requirements and the additional requirements specified in the Cashmere Design Standards Manual which is hereby adopted and shall be utilized for all new construction or reconstruction of streets within the city of Cashmere.

A. City streets shall have a minimum right-of-way width of:

1.Sixty feet for collector arterial.

2.Fifty feet for local access streets in high-density areas.

3.Forty feet for local access in low-density areas (serving 16 or fewer residential dwelling units).

4.Thirty-two feet for local access in rural areas (serving six or fewer residential dwelling units).

5.Additional widths may be necessary to provide for snow storage and future additional traffic.

B. All streets shall have a minimum build­ing setback requirement of 50 feet from the street centerline or 25 feet from the front prop­erty line which ever results in the greater dis­tance from the front property line; provided, that when noted on the face of the plat, to allow for dead end streets serving 16 or fewer resi­dential dwelling units and where each lot has off-street parking for at least four vehicles, then the 50-foot-from-centerline building set­back requirement may be reduced to match the minimum setback of 25 feet from the front property line.

C. Driving surfaces shall have a minimum paved surface as follows:

1.Each traffic lane shall be a minimum of 11 feet in width and a minimum of 12 feet in width where bus traffic is expected.

2.Parking lanes shall be a minimum of eight feet in width and shall be provided on both sides of the street where right-of-way width is 50 feet or greater, and on only one side of the street where right-of-way width is 40 feet.

3.Landscape strips or bike lanes may be provided along one side of a street in lieu of a parking lane when approved by the city planning commission.

4.Landscape strips shall be a minimum of eight feet wide, where the use is to be.

5.Bike lanes shall be paved to at least eight feet wide.

6.In no case shall traffic lanes be con­structed without at least a five-foot-wide shoulder.

7.Intersections with arterial streets shall be constructed at grade and at 90 degrees.

D. Street grades shall be kept as flat as possible and shall not exceed 10 percent in slope, nine percent in slope for arterial streets.

E. Street curves shall be kept at the largest radius possible to provide safe driving conditions and on flat terrain shall not be less than:

1.Seven hundred fifteen-foot radius for collector arterial streets.

2.Four hundred ten-foot radius for local access high-density streets.

3.One hundred-foot radius for local access low-density residential streets.

4.Fifty-foot radius for local access rural residential, serving six or fewer homes.

5.On sloping terrain where grades prohibit meeting the above standards a small radius may be used as recommended by a registered traffic engineer.

6.The Cashmere Design Standards Manual may establish additional design criteria to implement the intent and purpose of this chapter.

F. Cul-De-Sacs Design Requirements.

1.“T”, “Y”, or “hammerhead” configu­rations shall not be permitted in the city of Cashmere.

2.Cul-de-sacs shall meet the following minimum dimensions as follows:

a. On streets with a 40-foot or greater right-of-way, a 50-foot minimum outside radius right-of-way and a minimum pavement radius of 38 feet.

b. On streets with a 32-foot right-of-way, a 40-foot minimum outside radius right-of-way, and a minimum pavement radius of 32 feet.

3.All cul-de-sacs of 50-foot or larger radius shall have a center landscaping island of at least 14 feet in diameter with irrigation and soil suitable for the city to plant street tree(s).

4.The maximum length of a street that is to be closed off with a cul-de-sac is 900 feet, measured from the centerline intersection of the joining street, along the centerline, to the center point of the cul-de-sac. Any street longer than 600 feet shall also provide a central turnaround meeting the requirements for a cul-de-sac. The center turnaround shall be located approximately half way between the intersec­tion of the joining street and the center of the end cul-de-sac.

G. Street surface requirements:

1.Arterial streets shall be constructed with a minimum of:

a. Gravel base ballast shall be 0.75-foot thickness.

b. Top course shall be 0.3-foot thick­ness.

c. Surfacing shall be “Class B asphalt” concrete pavement compacted depth of 0.3 feet.

2. Local access streets shall be con­structed with a minimum of:

a. Gravel base ballast shall be 0.5-foot thickness.

b. Top course shall be 0.3-foot thick­ness.

c. Surfacing shall be “Class B asphalt” concrete pavement compacted depth of 0.2 feet.

H. The Cashmere Design Standards Man­ual may specify additional construction requirements and details as necessary to assure that all city streets comply with the intent and purpose of this chapter. (Ord. 943 § 4, 1999; Ord. 883 § 1, 1996).

15.09.050 Pedestrian access facilities design policies.

Design and construction policies for side­walks and other pedestrian access facilities in the Cashmere Design Standards Manual are hereby adopted and shall be utilized for all new construction or reconstruction of sidewalks and other pedestrian access facilities within the city of Cashmere.

A. All sidewalks shall have the following minimum dimensions:

1.Downtown business districts, 10 feet in width, exclusive of the curb width, and located on both sides of the street.

2.High-density residential, five feet in width, exclusive of the curb width, and located on both sides of the street.

3.Low-density residential, five feet in width, exclusive of the curb width, and located on at least one side of the street.

4.Rural residential, sidewalks will not be required when there is a paved shoulder of at least five feet in width on both sides of the street and outside of the required traffic lanes.

5.All other districts, a sidewalk of at least five feet in width fronting the public street. (Ord. 943 § 5, 1999; Ord. 883 § 1, 1996).

15.09.060 Bicycle access design policies.

Design and construction policies for bicycle lanes and facilities in the Cashmere Design Standards Manual are hereby adopted and shall be utilized for all construction or recon­struction of bicycle lanes and facilities within the city of Cashmere. (Ord. 943 § 6, 1999; Ord. 883 § 1, 1996).

15.09.070 Bus and other transportation facilities policies.

Design and construction policies for bus and other transportation facilities in the Cashmere Design Standards Manual are hereby adopted and shall be utilized for construction or reconstruction of bus and other transportation facilities within the city of Cashmere. (Ord. 943 § 7, 1999; Ord. 883 § 1, 1996).

15.09.080 Storm sewer design policies.

Design and construction policies for storm drains in the Cashmere Design Standards Manual are hereby adopted and shall be utilized for construction or reconstruction of storm drains within the city of Cashmere.

A. Roof drains, basement drains, or other storm water drains shall not be connected to the wastewater system, but shall be connected to the storm water system. All future subdivisions, commercial developments, and industrial developments shall have an engineered assessment of all possible storm water problems that may occur as a result of the development. A plan for control and discharge of storm water runoff shall be approved before development takes place and in place before occupation of the development.

B. Storm water drains, lines and systems located on private property shall be con­structed, owned and maintained at the property owner’s expense. Any connection to any city storm drain main shall be subject to all city storm drain system development charges and connection fees. The city of Cashmere shall own and maintain only the storm water main lines.

C. Prior to introducing storm water runoff into the city’s storm water collection system every effort shall be made to implement a method for on-site retention and treatment. Methods may include one or more of the following to reduce the amount of water entering the city system or to control the timing of release into the system and to avoid or remove pollutants from the storm water.

1.Use of detention ponds or basin.

2.Use of infiltration pits and trenches.

3.Use of deep catch basins.

4.Use of artificial wetlands, habitat areas or open space.

5.Avoidance in collecting storm water runoff by minimizing the area covered by hard surfaces.

D. The design volume of storm water to be controlled shall be based on a rainfall intensity of one inch per hour and a duration of 40 minutes. Suitable engineering computer software shall be used in calculating the design solution.

E. When storm drains are enclosed into piping the following standards shall apply:

1.Pipe shall be PVC ASTM D3034, or when approved by the city PVC class PE shall be used. All pipe shall have a manning number of 0.012.

2.Pipe shall be installed and bedded in at least six inches of bedding material, and at depths that receive gravity flow of all surface water and underground discharge pipes. (Ord. 943 § 8, 1999; Ord. 883 § 1, 1996).

15.09.090 Street lighting policies.

All new streets or streets being recon­structed shall have street lighting. Street light­ing shall be installed in accordance with the Cashmere Design Standards Manual hereby adopted as policy for construction or recon­struction of street lighting within the city of Cashmere. (Ord. 943 § 9, 1999; Ord. 883 § 1, 1996).

15.09.100 Water main construction practices.

All water main pipe lines in new construc­tion or reconstruction projects shall be made in accordance with the Cashmere Design Stan­dards Manual.

A. All costs to extend a water main line to enable new water connections shall be paid for by the property owners that benefit by being eligible to connect to the new extension. A local improvement district or other benefit area may be established to finance water main extensions.

B. All water mains shall be constructed of ductile iron pipe. All fittings and appurte­nances shall be constructed of ductile iron or cast iron as determined by the city administra­tor. All materials shall meet or exceed the appropriate American Water Works Associa­tion (AWWA) specifications. All water main lines shall be installed at least four feet below ground surface and in accordance with AWWA specification C600. Water mains and appurtenances shall be disinfected in accor­dance with AWWA specification C651. (Ord. 943 § 10, 1999; Ord. 883 § 1, 1996).

15.09.110 Water service construction practices.

All connections of water services to water mains shall be done only by city of Cashmere water and wastewater department personnel. All other connections from the water main to service the development may be installed by others; however, all installations must be com­pleted as per the policies and standards of the Cashmere Design Standards Manual. The property owner shall pay for all costs related to the installation of a water service from the water main to the building being served, except the cost of the water meter. The prop­erty owner shall pay for all costs for repairs or replacement of the water service. (Ord. 943 § 11, 1999; Ord. 883 § 1, 1996).

15.09.120 Fire hydrants.

A. Water System. The city of Cashmere’s overall water system shall be designed and constructed to provide a fire flow of 3,500 gallons per minute for three hours plus the peak consumption. Required fire flow for residential districts is 1,500 gpm. Fire flows for com­mercial districts shall be in accordance with Appendix IIIA and IIIB of the Uniform Fire Code. Water mains shall be of such size as to provide a residual water pressure of at least 20 pounds per square inch at the fire hydrant at the required flow. Water mains and branches shall be at least six inches in diameter. Sizes shall be determined by the city superintendent using field flow tests and/or system computer model.

B. Fire Hydrant Type. All new fire hydrants shall conform to AWWA Specification C502. They shall have two hose outlets having diameters of two and one-half inches national standard thread and a pumper port having a diameter of four inches national standard thread. Fire hydrants shall be equipped with quick connect couplings and be installed in accordance with the Cashmere Design Stan­dards Manual.

C. Fire Hydrant Spacing. Within areas exclusively developed or being exclusively developed for residential purposes or M occupancy, the maximum distance from a fire hydrant to an access point of any lot shall be no greater than 300 feet along a public roadway. In commercial and other zones the maximum distance from a fire hydrant to the access point of a lot shall be 150 feet. When any portion of a commercial building to be protected is in excess of 150 feet from a fire hydrant on a public street and when required by the city of Cashmere fire chief there shall be provided on-site fire hydrants and mains capable of supply­ing the required fire flow.

D. Fire Hydrant Location. Wherever possi­ble fire hydrants shall be placed at street inter­sections; provided, that when such location results in spacing distances greater than allowed by subsection C of this section, additional hydrants may be required between intersections; provided further, that when their required fire flow is greater than 2,500 gpm, the number and location of hydrants shall be determined by the city superintendent and the fire chief.

1.For the purposes of this subsection, the following apply for commercial buildings exclusively:

a. The minimum number of public and private hydrants required shall be determined by dividing the required fire flow for the building by 1,500;

b. Hydrants shall be located no closer than 50 feet to any served building and at no greater distance than 150 feet from any portion thereof;

c. A hydrant shall be located not more than 150 feet from a sprinkler or standpipe connection.

2.All hydrants shall be accessible to fire department apparatus by roadways meeting city of Cashmere street specifications.

3.When fire protection facilities are to be installed by the developer or permittee, such facilities shall be installed prior to any com­bustible construction being installed on-site. Water mains and fire hydrants shall be capable of delivering the required fire flow to the site and shall remain the responsibility of the developer until accepted by the city superintendent in a written notification. When alternate provisions for protection are provided pursuant to subsection G of this section, the above requirements may be waived or modified.

4.When locating hydrants, consider­ation shall be given to:

a. Hazardous operations and the practicality of sound fire service practices (fences, roadways, barriers to operation, etc.);

b. The required 10-foot vehicle clear zone on each side of each hydrant.

E. Installation. Hydrants shall stand plumb and be set to the finished grade in accordance with the city of Cashmere standard plans. The bottom of the lowest outlet shall be no less than 12 inches above the grade. Whenever pos­sible, there shall be a 36-inch radius of clear area about the hydrant for the operation of a hydrant wrench on the outlets and the control valve. The pumper port shall face the street, or, when the street cannot be clearly identified, shall face the most likely location of a fire truck while pumping as determined by the fire chief.

F. Plan Submittal and Review. Fire hydrant location and specifications shall be submitted to the city superintendent along with the water system plan. The fire chief shall review all such plans along with the city superintendent.

G. Waiver and Modification. The city superintendent and city fire chief may grant a waiver or modification to the standards con­tained in subsection D of this section where strict compliance with such standards would create a substantial hardship on the applicant and where such a waiver or modification does not result in inadequate fire protection. Waiv­ers or modifications shall be in writing, state the reasons therefor, and be provided to the city fire department.

H. Obstruction Prohibited. Obstructing the view, by any means, of a fire hydrant for a distance of 50 feet from any direction of vehicular approach is prohibited. (Ord. 943 § 12, 1999; Ord. 883 § 1, 1996).

15.09.130 Wastewater main and wastewater service construction practices.

All wastewater main lines shall be con­structed of PVC pipe ASTM D3034. Design and construction policies for wastewater mains and wastewater service lines in the Cashmere Design Standards Manual are hereby adopted and shall be utilized for construction or recon­struction of wastewater systems within the city of Cashmere. The property owner shall pay for all costs related to the installation of a wastewater service from the wastewater main line to the building being served. All costs to extend a wastewater main line to enable new wastewater connections shall be paid for by the property owners that benefit by being eligible to connect to the new extension. A local improvement district or other benefit area may be established to finance wastewater main extensions. The property owner shall pay for all costs for repairs or replacement of the wastewater service. (Ord. 943 § 13, 1999; Ord. 883 § 1, 1996).

15.09.140 Wastewater system connection and discharge restrictions.

A. Storm water and sewer wastewater shall be collected and maintained in separate systems. The connection of roof, yard, and foundation drains to the sanitary sewer system is prohibited. If improvements to buildings, having existing prohibited drains, amounts to 50 percent of the building value, the prohibited drains shall be disconnected from the sanitary sewer system and connected to the storm sewer system. Building construction and grading practices which permit surface water to enter the sanitary sewer system is prohibited.

B. Substances prohibited from being discharged into the wastewater system or treatment plant are listed in the Cashmere Design Standards Manual, hereby adopted and shall be strictly enforced by the city administrator. (Ord. 943 § 14, 1999; Ord. 883 § 1, 1996).

15.09.150 City light department construction and service policies.

Design and construction policies stated in the Cashmere Design Standards Manual are hereby adopted and shall be utilized when constructing new electrical power systems and services within the city of Cashmere service area. (Ord. 943 § 15, 1999; Ord. 883 § 1, 1996).

15.09.160 Survey monuments.

A. Survey monuments, in cast iron cases, complying with the Cashmere Design Stan­dards Manual shall be installed at the centerline of all street intersections, at the centerline of the beginning and ending of all street curves, at the center of all cul-de-sacs, at the corners of all subdivisions, at city bench marks, and other vertical and horizontal control points. The typical five-eighths-inch rod, with the surveyor’s identification cap, may be used at other points, unless specifically otherwise specified by the city administrator;

B. All survey monumentation shall be ref­erenced to the Washington State Coordinate System;

C. One reproducible copy, on drafting film, and similar to the one required for filing with Chelan County, of all surveys for subdivision of lands and binding site plans, within the city of Cashmere shall be filed with the city superintendent. Surveyors are requested to provide a paper copy of all other surveys done within the city of Cashmere so that the information can be entered into city’s computer mapping system. The city’s computer mapping information shall be made available to all surveyors who request information and are working within Cashmere. (Ord. 943 § 16, 1999; Ord. 883 § 1, 1996).

15.09.170 Public works construction specifications documents available to the public.

The city administrator shall maintain the Cashmere Design Standards Manual. Any person may obtain a copy thereof upon paying the costs for reproduction and/or printing of requested materials. (Ord. 943 § 17, 1999; Ord. 883 § 1, 1996).

15.09.180 Enforcement and penalties.

Repealed by Ord. 943. (Ord. 883 § 1, 1996).

Chapter 15.11

GRADING, EXCAVATION AND LAND FILLING

Sections:

15.11.010  Purpose.

15.11.020  Permit required.

15.11.030  Exemptions.

15.11.040  Prohibited excavation, grading, and filling.

15.11.050  Permit application.

15.11.060  Application review.

15.11.070  Sureties.

15.11.080  Expiration of permit.

15.11.090  Grading, excavation and land filling permit fee.

15.11.100  Repealed.

15.11.010 Purpose.

The purpose of this chapter includes but is not limited to regulating the grading, excavation and filling of land in order to minimize erosion and sedimentation of watercourses and wetlands; minimize the need for and maintenance of drainage facilities; minimize adverse effects on ground and surface waters; minimize their potential for earth slides and slippage; and maintain the maximum natural vegetation. (Ord. 884 § 1, 1996).

15.11.020 Permit required.

A grading permit is required for grading, excavation or filling of land except as exempted below. (Ord. 884 § 1, 1996).

15.11.030 Exemptions.

A grading permit is not required for:

A. Excavation and grading in association with a building permit;

B. Excavations required for installation of public improvements;

C. Excavations for the study of soil and groundwater conditions;

D.  Landscape installation which does not result in a fill more than one foot in depth placed on natural terrain with a gradient less than 20 percent or an earth berm not more than four feet in height and which does not exceed 50 cubic yards on any one lot; or

E. Excavations, grading or filling when required as a condition of a preliminary plat, short plat, or binding site plan. (Ord. 884 § 1, 1996).

D. To minimize prolonged business interruptions;

E. 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;

F. 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;

G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 742 § 1.3, 1989).

15.36.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. 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;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural pro­tective barriers, which help accommodate or channel floodwaters;

D. Controlling filling, grading, and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 742 § 1.4, 1989).

Article II. Definitions

15.36.050 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 its most reasonable application.

A. “Appeal” means a request for a review of the city superintendent’s interpretation of any provision of this chapter or a request for a variance.

B. “Area of shallow flooding” means des­ignated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths 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.

C.“ Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

D .“Critical facility” means 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.

E. “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 or drilling operations located within the area of special flood hazard.

F. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.The overflow of inland or tidal waters; and/or

2.The unusual and rapid accumulation of runoff of surface waters from any source.

G. “Flood Insurance Rate Map (FIRM)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

H. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevations more than one foot.

I. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or 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 nonelevation design requirements of this chapter found at CMC 15.36.180(A)(2).

J. “Manufactured home” means 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 connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, or other similar vehicles.

K. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

L. “New construction” means a structure for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

M. “Start of construction” includes sub­stantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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 foundation or the erection of temporary forms; nor does it include the installation on the prop­erty of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

N. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

O. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.Before the improvement or repair is started; or

2.If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building com­mences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1.Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2.Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

P. “Variance” means the grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Q. “Water dependent” means 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 operation. (Ord. 742 § 2.0, 1989).

Article III. General Provisions

15.36.060 Lands to which this chapter applies.

This chapter shall apply to all areas of spe­cial flood hazards within the jurisdiction of the city. (Ord. 742 § 3.1, 1989).

 

15.36.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Cashmere” dated, December 1, 1977, with accompanying Flood Insurance Maps is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at City Hall, 101 Woodring, Cashmere, Washington. (Ord. 742 § 3.2, 1989).

15.36.080 Penalties for noncompliance.

Repealed by Ord. 943. (Ord. 742 § 3.3, 1989).

15.36.090 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. 742 § 3.4, 1989).

15.36.100 Interpretation.

The interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 742 § 3.5, 1989).

15.36.110 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 the city, 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. 742 § 3.6, 1989).

Article IV. Administration

15.36.120 Establishment of development permit.

A.Development Permit Required. A devel­opment permit shall be obtained before con­struction or development begins within any area of special flood hazard established in CMC 15.36.120. The permit shall be for all structures including manufactured homes, as set forth in CMC 15.36.050, and for all devel­opment including fill and other activities, also as set forth in CMC 15.36.050.

B.Application for Development Permit. Application for a development permit shall be made on forms furnished by the city superin­tendent and may include but not be limited to: plans in duplicate drawn to scale showing the nature, locations, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

1.Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

2.Elevation in relation to mean sea level to which any structure has been floodproofed;

3.Certification by a registered profes­sional engineer or architect that the flood­proofing methods for any nonresidential structure meet the floodproofing criteria in CMC 15.36.180(B); and

4.Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. (Ord. 742 § 4.1, 1989).

15.36.130 Designation of the city superintendent.

The city superintendent is appointed to administer and implement this chapter by granting or denying development permit appli­cations in accordance with its provisions. (Ord. 742 § 4.2, 1989).

15.36.140 Duties and responsibilities of the city superintendent.

Duties of the city superintendent shall include, but not be limited to:

A.Permit Review.

1.Review all development permits to determine that the permit requirements of this chapter have been satisfied;

2.Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

3.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 CMC 15.36.190 are met.

B.Use of Other Base Flood Data. When base flood elevation data has not been pro­vided in accordance with CMC 15.36.070, the city superintendent 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 CMC 15.36.180 and 15.36.190.

C.Information to be Obtained and Maintained.

1.Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection B of this section, 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 floodproofed structures:

a.Verify and record the actual eleva­tion (in relation to mean sea level), and

b.Maintain the floodproofing certifi­cations required in CMC 15.36.120(B)(3).

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

D.Alteration of Watercourses.

1.Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a water­course, and submit evidence of such notifica­tion to the Federal Insurance Administration.

2.Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

E.Interpretation of FIRM Boundaries. 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 CMC 15.36.150. (Ord. 742 § 4.3, 1989).

15.36.150 Appeal board.

A.The hearing officer as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

B.The hearing officer shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the hearing officer in the enforcement or administration of this chapter.

C.Those aggrieved by the decision of the hearing officer, or any taxpayer, may appeal such decision to the Chelan County superior court.

D.In passing upon such applications, the hearing officer shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1.The danger that materials may be swept onto other lands to the injury of others;

2.The danger to life and property due to flooding or erosion damage;

3.The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.The importance of the services pro­vided by the proposed facility to the commu­nity;

5.The necessity to the facility of a waterfront location, where applicable;

6.The availability of alternative loca­tions for the proposed use which is not subject to flooding or erosion damage;

7.The compatibility of the proposed use with existing and anticipated development;

8.The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11.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.

E.Upon consideration of the factors of sub­section D of this section and the purposes of this chapter, the hearing officer may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F.The city superintendent shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administra­tion upon request. (Ord. 742 § 4.4-1, 1989).

15.36.160 Conditions for variances.

A.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 of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provid­ing CMC 15.36.150(D)(1) through (11) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

B.Variances may be issued for the recon­struction, rehabilitation, or restoration of struc­tures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

C.Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

D.Variances shall only be issued upon a determination that the variance is the mini­mum necessary, considering the flood hazard, to afford relief.

E.Variances shall only be issued upon:

1.A showing of good and sufficient cause;

2.A determination that failure to grant the variance would result in exceptional hard­ship to the applicant;

3.A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui­sances, cause fraud on or victimization of the public as identified in CMC 15.36.150, or con­flict with existing local laws or ordinances.

F.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 ele­vations should be quite rare.

 

G.Variances may be issued for nonresiden­tial buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other vari­ance criteria except subsection A of this sec­tion, and otherwise complies with CMC 15.36.170(A) and (B).

H.Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor eleva­tion. (Ord. 742 § 4.4-2, 1989).

Article V. Provisions for Flood
Hazard Reduction

15.36.170 General standards.

In all areas of special flood hazards, the fol­lowing standards are required:

A.Anchoring.

1.All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure;

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).

B.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.

C.Utilities.

1.All new and replacement water sup­ply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

2.New and replacement sanitary sew­age systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

3.On-site waste disposal systems shall be located to avoid impairment to them or con­tamination from them during flooding.

D.Subdivision Proposals.

1.All subdivision proposals shall be consistent with the need to minimize flood damage;

2.All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

3.All subdivision proposals shall have adequate drainage provided to reduce expo­sure to flood damage; and

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 which contain at least 50 lots or five acres (whichever is less). (Ord. 742 § 5.1, 1989).

15.36.180 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in CMC 15.36.070 or 15.36.140(B), the following provisions are required:

A.Residential Construction.

1.New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, ele­vated one foot or more above base flood eleva­tion.

2.Fully enclosed areas below the lowest floor that are subject to flooding are prohib­ited, or shall be designed to automatically

 

equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this require­ment must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

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.

c.Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

B.Nonresidential Construction. New con­struction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

1.Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially imperme­able to the passage of water;

2.Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

3.Be certified by a registered profes­sional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meet­ing provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifi­cations shall be provided to the official as set forth in CMC 15.36.140(C)(2);

4.Nonresidential structures that are ele­vated, not floodproofed, must meet the same standards for space below the lowest floor as described in CMC 15.36.180(A)(2);

5.Applicants floodproofing nonresiden­tial buildings shall be notified that flood insur­ance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).

C.Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on the com­munity’s FIRM shall be elevated on a perma­nent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation; and be securely anchored to an adequately anchored founda­tion system in accordance with the provisions of CMC 15.36.170(A)(2). This subsection applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivi­sion. This paragraph does not apply to manu­factured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceed 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improve­ment has commenced. (Ord. 742 § 5.2, 1989).

15.36.190 Floodways.

Located within areas of special flood hazard established in CMC 15.36.070 are areas desig­nated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the follow­ing provisions apply:

A.Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood dam­age.

B.Construction or reconstruction of resi­dential structures is prohibited within desig­nated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improve­ments to a structure, the cost of which does not exceed 50 percent of the market value of the structure, either (a) before the repair, recon­

15.42.130

Notices.

Where violations of this chapter necessitate the posting of the property/building/structure, the following minimum provisions will be complied with:

A.Notice to Vacate. Every notice to vacate, in addition to being served to the property owner and occupant as provided in Chapter 14.13 CMC, shall be posted at or upon each exit of the building, and shall be in substan­tially the following form:

Whenever such notice is posted, the city shall include a notification thereof in the notice of violation and order issued under Chapter 14.13 CMC reciting the emergency and speci­fying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal has been completed and a certifi­cate of occupancy issued pursuant to the provi­sions of the building code. Any person violating this subsection shall be guilty of a misdemeanor.

B.Notice of Substandard Building. Where a building has been determined to be substan­dard, as provided for in this chapter, the city administrator shall cause the building described in such notice of violation and order, in addition to being served to the property owner and occupant as provided in Chapter 14.13 CMC, to be vacated by posting at each entrance thereto a notice reading:

1.No person shall occupy any building which has been posted as specified in this sub­section. No person shall remove or deface any such notice so posted until the repairs, demoli­tion or removal ordered by the city has been completed and a certificate of occupancy issued pursuant to the provisions of the build­ing code.

2.The city administrator may, in addi­tion to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which ren­der the building substandard as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. (Ord. 973 § 2, 2000).