Title 14
BUILDINGS AND CONSTRUCTION
Chapters:
14.04 State and Uniform Codes Adopted
14.08 Building Code Amendments
14.12 Violation and Penalties
14.14 Minimum Qualification Requirements for Uniform Fire Code Inspection
14.15 Uniform Code for the Abatement of Dangerous Buildings
14.16 Fire Code
14.17 Standards for Fire Apparatus Access Roads
14.18 Interim Fire Flow Standards for Group A Water Systems
14.20 Manufactured Housing Installations
14.22 Flood Damage Prevention
14.24 Flood and Slide Control
14.25 Mobile Homes
14.28 Addressing System
14.30 Park Trailer/Recreational Park Trailer Installations for Park Trailers/Recreational Park Trailers
14.32 Survey Recording Act
14.40 Factory Built Housing, Commercial Coaches and Commercial Structures
14.44 Excavation and Grading
14.46 Storm and Surface Water Utility
14.48 Stormwater Management
Chapter 14.04
STATE AND UNIFORM CODES ADOPTED
Sections:
14.04.010 Uniform codes adopted.
14.04.010 Uniform codes adopted.
(a) 2006 International Building Code (IBC), including Appendix Chapters C, E; Sections 101 through 106, and H; excluding Section H106, published by the International Code Council, and excluding Appendix Chapters A, B, D, F, G, I, J and K; and adopting the Washington State Building Code WAC 51-50, including as Appendix M, 2006 International Existing Building Code.
2006 International Residential Code for One- and Two-Family Dwellings (IRC), Including Appendix Chapter G, as published by the International Code Council Excluding Part IV Energy, Part VII Plumbing, Part VIII Electrical and Appendix Chapters A, B, C, D, E, F, H, I, J, K, L, M, N, O, P, and Q; and adopting the Washington State Building Code WAC 51-51.
(c) 2006 International Fire Code, published by the International Code Council, excluding Appendix A, and adopting Appendices B, C, D, E, F, G and adopting the Washington State Building Code WAC 51-54.
(d) 2006 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials (IAPMO) and adopting the Washington State Building Code WAC 51-56 and WAC 51-57.
(e) Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials.
(f) The Washington State Energy Code, WAC 51-11 and the Ventilation and Indoor Air Quality Code, WAC 51-13.
In the case of conflict among the codes enumerated in the above subsections of this section, the first shall govern over those following, save and except such portions as are hereinafter by this section deleted, modified, or amended, and from the effective date of the ordinance codified in this section the provisions thereof shall be controlling within the unincorporated areas of Mason County.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.08 Sections:
14.08.010 General.
14.08.030 IBC/IRC Section 105.1 permits required.
14.08.035 Preliminary inspection.
14.08.040 IBC Section 105.5 and IRC Section R105.5 expiration.
14.08.050 Moved buildings.
14.08.100 IBC 108.6/IRC R108.5 refunds.
14.08.135 IBC Section 112 and IRC Section R112 board of appeal.
14.08.010 General.
2006 International Building Code (IBC) and 2006 International Residential Code (IRC) are amended. The amended sections shall supersede that section or table as numbered in said Building Code of Mason County. The amended sections are as follows in this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.08.030 IBC/IRC Section 105.1 permits required.
Section 105.1 is adopted, and supplemented with the following:
(1) Permits shall be required for all docks, piers, and floats, excluding floats which are less than 120 square feet, are detached and chain anchored. Permits shall also be required for seawalls, bulkheads, or other similar structures, regardless of type of construction, including, but not limited to, rock, rip rap, pilings, wood and concrete block.
(2) Permits shall be required for park trailers, recreational park trailers, manufactured housing, commercial structures, commercial coaches, factory built housing.
(3) Permits shall be required for the construction of vehicular and/or pedestrian bridges. Submittal documents such as plans, calculations and specifications must be stamped and approved by an engineer licensed in the State of Washington is required.
The Building Official may review and approve small private foot bridges not for vehicular use.
(4) Tenant Review Applications, Commercial (COM) Permits shall be required for commercial use buildings when there is a change in tenant prior to occupancy whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification. When a building is constructed with future tenant spaces intended to be finished or occupied at a later date, a separate permit is required for each tenant space prior to any tenant occupancy. The permit fee shall be as adopted under the current building permit fee schedule.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.08.035 Preliminary inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.08.040 IBC Section 105.5 and IRC Section R105.5 expiration.
Adopted and supplemented as follows:
If the permit expires without extensions granted or progress inspections performed, before such work can be recommenced, a permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on an expired permit exceeding one year, the building official has authority to require a new permit be submitted for the completion of the structure with fees assessed for a new permit or charge a rate equivalent to the total hourly cost to the jurisdiction which shall include supervision overhead, equipment, hourly wages and fringe benefits of the staff involved to renew or reinstate the permit.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.08.050 Moved buildings.
No person shall move any building into or within Mason County for the purpose of locating such building in Mason County, unless prior to moving, said building has been inspected for compliance with this code by the building official. The cost of said inspection for moving a building shall be payable in advance and not refundable. The inspection fee shall be based upon the current fee schedule as adopted by the jurisdiction at the time of application. A building permit shall be obtained prior to locating or relocating the structure and for all work necessary to comply with the building code on the new location.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.08.100 IBC 108.6/IRC R108.5 refunds.
The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The building official may authorize refunding of not more than eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty days after the date of fee paid.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.08.135 IBC Section 112 and IRC Section R112 board of appeal.
Appeals of orders, decisions or determinations made by the building official/fire marshal shall be as setforth in, the Mason County Code, Title 15 Mason County Development Code, Section 15.11.010, Appeals of administrative interpretations and decisions.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
Chapter 14.12 Sections:
14.12.030 Violation and penalties.
14.12.035 Civil infractions.
14.12.040 IBC Section 114 and IRC Section R114 stop work order.
14.12.045 Site investigation fee– Work without a permit.
14.12.048 Violation permit fee– Work without a permit.
14.12.050 Occupancy violations.
14.12.030 Violation and penalties.
Shall be as prescribed in Title 15, Mason County Code.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.12.035 Civil infractions.
Shall be as prescribed in Title 15, Mason County Code.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.12.040 IBC Section 114 and IRC Section R114 stop work order.
The posting of a stop work order shall be effective when posted at the location of the violation and shall constitute notice to the owner, owners agent or person doing the work when posted. The removal, mutilation, destruction or concealment of a stop work order shall be subject to penalties as prescribed by the Mason County Code.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.12.045 Site investigation fee– Work without a permit.
Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit and a site investigation has been performed, a site inspection fee shall be assessed in accordance with the fee schedule adopted by the jurisdiction.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.12.048 Violation permit fee– Work without a permit.
Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit and a stop work order has been placed, a violation fee, equal to the amount of the permit fee shall be assessed in accordance with the fee schedule as adopted by the jurisdiction whether or not a permit is then or subsequently issued. The unlawful continuance of work without a permit after having been posted with a stop work order shall be subject to double violation fees upon the second posting of a stop work order and other penalties as prescribed for by Title 15, Mason County Code.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.12.050 Occupancy violations.
Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. It shall be a misdemeanor to occupy the posted building or structure, or to remove or deface the notice and shall be subject to penalties as prescribed for by Title 15, Mason County Code.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.14 Sections:
14.14.010 Minimum qualification requirements for uniform fire code inspection.
14.14.010 Minimum qualification requirements for uniform fire code inspection.
(a) Fire districts in Mason County who choose to do fire safety inspections using the adopted fire code shall have qualified inspectors to do the inspections. Qualified inspectors shall have a current certification in either the 2006 International Fire Code -IFCI Company Officer Fire Code Inspector Certification, or the International Fire Code - Fire Inspector I Certification, and evaluation/approval by the Mason County fire marshal.
(b) For the purpose of this chapter, a fire safety inspection as defined as any on-site visit to a commercial occupancy for the purpose or effect of identifying compliance or noncompliance of the fire code not directly related, or as a result, of a fire incident.
(c) Fire safety inspections done by fire districts that are forwarded to the fire marshals office for compliance shall be done so in writing in a format provided and or approved by the county.
(Ord. 64-07 (part), 2007: Ord. 140-03, 2003).
Chapter 14.15 Sections:
14.15.010 General.
14.15.015 Definitions.
14.15.020 UCADB Section 801.1 procedure.
14.15.030 UCADB Section 907 authority for installment payment of assessments with interest.
14.15.040 UCADB Section 908.2 interest.
14.15.050 UCADB Section 910 filing copy of report with county auditor.
14.15.010 General.
The Uniform Code for The Abatement of Dangerous Buildings is amended. The amended sections shall supersede that section or table as numbered in said Abatement Code of Mason County. The amended sections are as follows in this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.15.015 Definitions.
"Public works director" means building official for the purpose of compliance and all other activities within the Uniform Code for the Abatement of Dangerous Buildings. "Tax collector" means the Mason County treasurer.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.15.020 UCADB Section 801.1 procedure.
When any work of repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the work shall be done by private contract under the direction of the building official pursuant to Mason County Code, Chapter 3.48 Competitive Bidding.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.15.030 UCADB Section 907 authority for installment payment of assessments with interest.
The authorization for installment payments of assessments with interest shall be as determined by the legislative body of this jurisdiction. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.15.040 UCADB Section 908.2 interest.
All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.15.050 UCADB Section 910 filing copy of report with county auditor.
If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.16 Sections:
14.16.005 General.
14.16.020 IFC Section 108 Board of appeals.
14.16.025 IFC Section 109.3 Violation– Penalties.
14.16.028 IFC Section 111.4 Failure to comply.
14.16.005 General.
The International Fire Code is amended. The amended sections shall supersede that section or table as numbered in the Fire Code of Mason County.
(Ord. 59-04 (part), 2004).
14.16.020 IFC Section 108 Board of appeals.
Appeals of orders, decisions or determinations made by the building official/fire marshal shall be as set forth in the Mason County Code, Title 15 Mason County Development Code, Section 15.11.010 Appeals of Administrative Interpretations and Decisions.
(Ord. 59-04 (part), 2004).
14.16.025 IFC Section 109.3 Violation– Penalties.
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provision of this code, shall be subject to enforcement as prescribed for in Title 15, Mason County Code.
(Ord. 59-04 (part), 2004).
14.16.028 IFC Section 111.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to enforcement as prescribed for in Title 15, Mason County Code.
(Ord. 59-04 (part), 2004).
Chapter 14.17 Sections:
14.17.010 Application.
14.17.020 Plans.
14.17.025 Preliminary inspection.
14.17.030 Notice.
14.17.040 Construction.
14.17.050 Extensions.
14.17.060 Width.
14.17.070 Clearance.
14.17.080 Pullouts.
14.17.090 Dead end roads.
14.17.100 Turning radius.
14.17.110 Automatic fire sprinkler system.
14.17.120 Large residential developments.
14.17.130 Modification of standards.
14.17.140 Bridges.
14.17.150 Additional fire protection.
14.17.160 Address numbering.
14.17.170 Traffic calming measures.
14.17.010 Application.
This chapter shall apply to roads, driveways, or other means of access serving structures, facilities, buildings or portions of buildings hereafter constructed, altered or moved into or within the jurisdiction and developed under permit from Mason County.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.020 Plans.
Plans for fire apparatus access roads shall be submitted to the fire marshal for review and approval prior to construction.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.025 Preliminary inspection.
Before issuing a permit, the fire marshal is authorized to, and may examine, or cause to be examined buildings, structures and sites for which an application has been filed to determine compliance requirements for the purpose of providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations. The inspection fee will be as set forth in the adopted fee schedule by Mason County for site inspections/site investigations.
(Ord. 64-07 (part), 2007).
14.17.030 Notice.
When required by the fire marshal, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.040 Construction.
Roadways shall be constructed/designed with an all weather driving surface (gravel, crushed rock, concrete or asphalt) and the ability to support the imposed load requirements of fire apparatus.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.050 Extensions.
Fire apparatus access roads shall extend to within one hundred fifty feet of all portions of the exterior wall of any residential or commercial structure, and within fifty feet of at least twenty-five percent of the exterior wall of any commercial structure.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.060 Width.
A fire apparatus access road shall be a minimum unobstructed width of twenty feet for commercial structures, or four or more parcels or building sites. The access road may be reduced to twelve feet of unobstructed width with a minimum ten foot wide driving surface for one to three parcels or building sites on approval of the fire marshal.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.070 Clearance.
A fire apparatus access road shall have an unobstructed vertical clearance of not less than thirteen feet and six inches for the full width of the road.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.080 Pullouts.
A ten foot wide fire apparatus access road exceeding three hundred feet in length will be required to make provisions for the passing of fire apparatus by providing approved pullouts. Pullouts shall be reasonably located, based on sight distance, road curvature, and grade; and shall be a minimum size of eight feet wide and thirty feet long with tapered ends.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.090 Dead end roads.
A dead end fire apparatus access road longer than three hundred feet is required to provide provisions for the turning around of fire apparatus within one hundred fifty feet of any facility or structure. See exhibits of the ordinance codified in this chapter: Exhibit A – Hammer Head Turn Around, B – Modified Hammer Head, C – Cul De Sac Turn Around, D and E – Pullouts, for examples of accepted turnarounds and pullouts.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.100 Turning radius.
The turning radius of a fire apparatus access road shall be a minimum of twenty-five feet interior, forty-five feet exterior centerline radius.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.110 Automatic fire sprinkler system.
A fire apparatus access road, which is newly constructed or existing, and which is in excess of fourteen percent grade, and which is greater than one hundred fifty feet from a primary access point intersecting with a county or state road right-of-way, to new residential or new commercial construction will require an automatic fire sprinkler system to be installed.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.120 Large residential developments.
Where more than fifty units are designed in a residential development, either single-family, multifamily, retirement or similar, there shall be a minimum of two access points to the county road system. Such access points shall be located so as to provide for general circulation, alternate emergency vehicle access routes, through access, and general transportation design considerations. One of these access points may be for emergency vehicle use only where the number of units does not exceed one hundred. Design of an "emergency vehicle use only" access must be approved by the local fire district and fire marshal.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.130 Modification of standards.
When buildings are completely protected with an automatic fire sprinkler system, the provisions of these standards may be modified by the fire marshal.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.140 Bridges.
When a bridge is required as part of a fire apparatus access road, it is to be constructed and maintained in accordance with nationally recognized standard. It shall have designed live loading capacity sufficient to carry the imposed load of fire apparatus. An evaluation by a professional engineer will be required to determine the imposed load rating for all of the responding fire districts fire apparatus and shall be approved by the fire district and fire marshal.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.150 Additional fire protection.
When access roads cannot be installed to these standards due to topography, waterways, nonnegotiable grades or other similar conditions, the fire marshal is authorized to require additional fire protection or mitigation as specified in Section 1001.9 of the UFC. The fire marshal may also approve access roads which do not meet these requirements if the road provides reasonable access under the individual facts of the case.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.160 Address numbering.
Approved numbers or addresses pertaining to any and all new commercial or residential buildings shall be placed consistent with Chapter 14.28 Addressing Ordinance.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
14.17.170 Traffic calming measures.
Traffic calming measures on fire apparatus roads (speed bumps, etc.) shall be approved by the fire marshal before installation.
(Ord. 64-07 (part), 2007: Ord. 31-04 Attach. B (part), 2004).
Chapter 14.18 Sections:
14.18.010 Applicability.
14.18.020 Definitions.
14.18.030 New residential development.
14.18.040 Existing residential development.
14.18.010 Applicability.
These interim standards shall be applied to all new or expanding Group A community water systems (as defined in WAC 246-290) only and will apply until final standards are adopted as part of a coordinated water system plan for Mason County.
(Ord. 46-07, Attach. A (part), 2007).
14.18.020 Definitions.
For the purposes of this chapter:
"Existing residential development" means and includes property that is currently developed, supplied by a water system and a service area has been delineated to accommodate the maximum number of lots/residences to be served by the system design.
"Expansion" means additions, extensions, changes or alterations to an existing source, transmission, storage or distribution facilities that will allow the system to increase in size its existing service area and/or number of approved service connections.
Exceptions:
(1) A system that connects new approved individual retail or direct service connections onto an existing distribution system within an existing service area; or
(2) A distribution system extension in an existing service area identified in a current and approved water system plan or project report.
"Group A water systems" means a public water system providing service such that it meets the definition of a public water system provided in the 1996 amendments to the Federal Safe Drinking Water Act (Public Law 104-182, Section 101, subsection b).
Group A water systems are further defined as:
"Community water system" means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.
(Examples of a community water system might include a municipality, subdivision, mobile home park, apartment complex, college with dormitories, nursing home, or prison.)
"Nested storage" means one component of storage is contained within the component of another.
"New residential development" means and includes improvements to vacant land, such as all activities associated with the subdivision of property (including short- and large-lot subdivisions), construction of new residential dwelling units (single or multi-family), mobile/manufactured home park or similar residential uses.
"Standby storage" means the volume of stored water available for use during a loss of source capacity, power, or similar short-term emergency.
The standby storage component or the fire suppression storage component, whichever volume is smaller, can be excluded from a water system's total storage requirement providing that such practice is not prohibited by: (1) a locally developed and adopted coordinated water system plan; (2) local ordinance; or (3) the local fire protection authority or county fire marshal (See WAC 246-290-235(4)).
Service Area Boundary. A service area boundary of a public water system holds within it (1) its existing service area [RCW 70.116.030 (6) and WAC 246-293-110 (11)] and (2) its future service area [WAC 246-293-110 (12)]. Generally, a public water system's service area encompasses those areas that are currently being provided service, as well as those areas where the public water system is planning on providing service in the future.
Purpose. Delineation of service areas helps to prevent overlapping or redundant services, which can be costly to the utility and its customers. Clear identification of areas of responsibilities allows for consistent and logical planning. The assumption is made that a utility has the ability to provide service in a timely and reasonable manner within its service area boundaries and is provided the right of first refusal. Service area boundaries are delineated during the development or revision of an ACWSP. Service areas that are larger than the system's existing service area allow for future system expansion.
(Ord. 46-07, Attach. A (part), 2007).
14.18.030 New residential development.
(a) New Residential Development Without Alternative Measures to Reduce Flow Requirements. New residential developments with their own sources of public water supply shall have a minimum of one hundred twenty thousand gallons of water storage dedicated for fire suppression available at all times. This volume of storage shall be in addition to any volumes required by DOH for approval of a public water system. This standard comes from the International Fire Code (IFC) requirement of one thousand gallons per minute flow for one hundred twenty minutes.
(b) New Residential Development with Alternative Measures to Reduce Flow Requirements. Reductions in fire suppression storage or fire flow requirements may be allowed if the development has instituted certain measures that make it possible for reduced demands for fire suppression purposes. Such measures as density of development, types of construction, increased building setbacks could allow for reductions in the fire storage or needed fire flows. The Mason County fire marshal shall review any proposals for reductions in fire suppression capacity on a case-by-case basis prior to an approval for fire storage or flow reductions.
(c) Fire Hydrant Spacing Requirements. The hydrant spacing for all residential developments shall be in accordance with the IFC requirement of one hydrant for every five hundred feet, or less.
(d) Minimum Distribution System Pressures During Active Fire Suppression Activities. The State Department of Health requires that a minimum pressure of twenty PSI shall be maintained throughout the water distribution system under the hydraulic condition of concurrent maximum day flow plus fire flow. This minimum pressure shall apply at the point where the designed volume of equalizing storage and fire suppression storage has been depleted. See "chapter 246-290-230 (6) WAC - Distribution Systems" for this requirement (in the state drinking water system rules).
(e) Transmission Lines. Transmission lines shall meet the current minimum pressure requirements of WAC 246-290.
(f) Minimum Pipe Size. The IFC requires a minimum eight-inch diameter pipe for nonlooped lines, and six-inch diameter pipes for looped lines, for new or replacement distribution mains.
(g) New Residential Development with Variances for Residential In-House Fire Sprinkler Systems. Developments with ordinances, by-laws, or other governing controls requiring all residences to be constructed with internal fire sprinkler systems may have their fire suppression storage reduced to a minimum of sixty thousand gallons, in accordance with allowance proved by the IFC. Additional reductions are allowed for "FIREWISE" designs and/or use of alternate fire resistant construction materials. Conservation of water may also provide for additional reductions for fire suppression storage or the fire flow requirements. The Mason County fire marshal should be contacted on a case-by-case basis to see what levels of reduced fire storage may be associated with such elements as availability of emergency water sources, alternate emergency egress capacity, combustible materials management, and use of alternate construction materials.
(Ord. 46-07, Attach. A (part), 2007).
14.18.040 Existing residential development.
The requirements of the IFC, as given above, also apply to facility improvements or upgrades to Group A community water systems within existing residential developments, except as follows:
(1) System distribution main expansions or replacements shall be designed to meet the current minimum standards as outlined in WAC 246-290.
(2) Fire suppression storage shall be based on a minimum of five hundred gallons per minute (gpm) flow for thirty minutes duration, which equates to fifteen thousand gallons for fire protection, and is also consistent with stipulations in the State Water System Coordination Act. The minimum dedicated fire suppression storage volume at any time shall not be less than fifteen thousand gallons. This minimum would be in addition to other storage volumes required for public water systems under the state drinking water rules and design requirements.
(3) If water is provided from other sources for fire control purposes, the gallon requirements for fire storage requirement may be reduced by twenty-five percent.
(4) Draft fire hydrants may be permitted only with approval by the Mason County fire marshal.
(5) An additional twenty-five percent reduction in fire suppression storage may be granted for use of "FIREWISE" design throughout the development, and/or if alternate fire-resistant construction materials have been used for residential housing construction.
(6) Nested storage may be allowed; however, the Mason County fire marshal shall review all proposals for nested storage to ensure that under no conditions shall the volume of fire storage be reduced below a minimum of fifteen thousand gallons per five hundred gpm for thirty minutes (unencumbered).
(7) Expansion of an existing Group A community water system beyond the existing established service area shall be reviewed by the Mason County fire marshal and applicable area fire district to determine impacts and availability of water in the system to adequately serve additional connections.
(Ord. 46-07, Attach. A (part), 2007).
Chapter 14.20 Sections:
14.20.005 Authority, purpose and scope.
14.20.010 Definitions.
14.20.020 General installation requirements for manufactured homes.
14.20.030 County standards for installation of manufactured homes.
14.20.040 Movement of manufactured homes.
14.20.050 Application for installation permit.
14.20.060 Permit fees for manufactured homes.
14.20.070 Installation permit issuance and duration.
14.20.080 Inspection of manufactured homes.
14.20.090 Penalties.
14.20.100 Enforcement.
14.20.110 Severability.
14.20.005 Authority, purpose and scope.
This chapter is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, use and occupancy, location and maintenance of all manufactured homes within Mason County.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.010 Definitions.
"HUD" means the United States Department of Housing and Urban Development with headquarters in Washington, D.C.
"Insignia" means a label attached to each section of a manufactured home built on or after June 15, 1976. This insignia is attached by the Department of Housing and Urban Development and if damaged or lost, shall be replaced by the Department of Labor and Industries. No unit shall be permitted for installation in Mason County without insignias complying with Chapter 296-150M WAC.
"Installation" means the activity needed to prepare a building site and to set a manufactured home within that site.
"Installation permit" means authorization from the Mason County permit assistance center, the Mason County environmental health department, the Mason County department of community development, Mason County fire marshal and the Mason County department of public works to locate a manufactured home in Mason County. Commonly referred to as a building permit for the set-up of a manufactured home.
"Labor and Industries (L&I)" means the state of Washington Department of Labor and Industries.
"Manufactured home" means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. Manufactured homes include plumbing, heating, air conditioning, and electrical systems; is built on a permanent chassis; and can be transported in one or more sections. Sections are a minimum of eight feet wide and forty feet long when transported; or when installed on site is three hundred twenty-seven square feet or greater. Refer to RCW 46.04.302 and WAC 296-150M; 0020 for notes and exceptions.
"Mobile home" means a factory built dwelling constructed prior to June 15, 1976 to standards other than the HUD Code, and acceptable with state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. Mobile home placement within Mason County is regulated under Title 14, Chapter 25.
"Site" means a tract, parcel or subdivision of land, including a mobile home park.
"WAC" means Washington Administrative Code.
Additional terms are defined in WAC 296-150M, ANSI A225.1 and by this reference are included as part of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.020 General installation requirements for manufactured homes.
(a) Installation of all manufactured homes shall be as provided for pursuant to WAC, Chapter 296-150M.
(b) Installation shall meet all Mason County departmental approvals and conditions required for installation permits.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.030 County standards for installation of manufactured homes.
The establishment and use of manufactured homes constructed and labeled after June 15, 1976 being brought into Mason County or being moved within Mason County for human habitation shall be permitted once the following conditions have met departmental approval:
All manufactured homes shall bear a label certifying compliance with Federal Manufactured Home Construction and Safety Standards (Federal Department of Housing and Urban Development- HUD labeling effective June 15, 1976).
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.040 Movement of manufactured homes.
Any person, firm, company, or corporation wishing to transport a manufactured home on Mason County roadways must first obtain an over the road permit from the Mason County Department of Public Works. Transportation on state highways must secure approval from WSDOT.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.050 Application for installation permit.
(a) No manufactured home may be transported, erected, installed, located, or stored in Mason County until an installation permit, has been obtained from the Mason County Department of Community Development.
(b) No permit will be issued by the Mason County Department of Community Development until all requirements, in effect at the time of application, have been satisfactorily addressed.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.060 Permit fees for manufactured homes.
The permit fee shall be in accordance with the adopted permit fee schedule by the jurisdiction.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.070 Installation permit issuance and duration.
When all county, state, and federal laws, ordinances, codes, and regulations are satisfied, an installation (building) permit will be issued to the owner or authorized agent for the owner of the manufactured home. The permit will indicate the owners name, the contractor registration information, the location for which the installation was approved, the installation (building) permit number, and the date the installation (building) permit was issued. Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the 2006 IRC/IBC, Part I Administration and Section 14.08.040 shall apply.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.080 Inspection of manufactured homes.
(a) All manufactured homes for which an installation (building) permit has been issued, shall be subject to inspection by authorized Mason County employees in accordance with this chapter, and all county, state and federal laws, ordinances, adopted codes and regulations.
(b) The installation permit shall be displayed in clear view of the site access road. The approved site plan and other applicable instructions as referenced in Chapter 296-150M WAC shall also be available at this location. These shall be maintained in legible condition for compliance review by the inspector. If there are multiple installation options for support configurations, the applicant or applicants agent shall clearly indicate which options were used for the manufactured home installation.
(c) Inspections shall be required, performed and approved by Mason County building department personnel in accordance with WAC 296-150M and manufacturer installation instructions. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.090 Penalties.
Any violation of this chapter shall be subject to Chapter 14.12 of the Mason County Code; Violation and Penalties and Chapter 15.13 of the Mason County Code; Enforcement.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.100 Enforcement.
Mason County Building Department shall administer and enforce the provisions of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.20.110 Severability.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.22 Sections:
Article I. Statutory Authorization, Purpose, and Objectives
14.22.010 Statutory authorization.
14.22.020 Purpose.
14.22.030 Methods of reducing flood losses.
Article II. Definitions
14.22.040 Definitions.
Article III. General Provisions
14.22.050 Lands to which this chapter applies.
14.22.060 Basis for establishing the areas of special flood hazard.
14.22.070 Penalties for noncompliance.
14.22.080 Abrogation and greater restrictions.
14.22.090 Interpretation.
14.22.100 Warning and disclaimer of liability.
Article IV. Administration
14.22.110 Establishment of development permit.
14.22.120 Designation of the administrator.
14.22.130 Duties and responsibilities of the administrator.
14.22.140 Variance procedure and reasonable use exception.
Article V. Provisions for Flood Hazard Reduction
14.22.150 General standards.
14.22.160 Specific standards.
14.22.170 AE and A1-30 zones with base flood elevations but no floodways.
14.22.180 Floodways.
14.22.190 Special flood risk zone– Floodplain of the Skokomish River, Vance Creek and tributaries.
Article I. 14.22.010 Statutory authorization.
The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. RCW 36.70A.060 and RCW 36.70A.170 provides for the designation and regulation of frequently flooded areas, and Chapter 86.16 RCW provides for the administration of National Flood Insurance Program regulation requirements by local governments. This chapter as adopted and amended shall be known as the Mason County flood damage prevention ordinance.
(Ord. 87-08 Attach. A (part), § 1.1, 2008: Ord. 81-07, Attach. A, § 1.1, 2007: Ord. 9-03, Attach. B8, § 1.1, 2003: Ord. 10-02, Attach. B, § 1.1, 2002: Ord. 16-00, Attach. B, § 1.1, 2000: Ord. 59-91, § 1.1, 1991).
14.22.020 Purpose.
(a) Background. The flood hazard areas of Mason County are subject to periodic inundation which can result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses could be exacerbated by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
Mason County has prepared this flood damage prevention ordinance to implement comprehensive flood damage reduction measures that are necessary for public health safety and welfare and that allow property owners to protect their property. Additional information about the Skokomish River valley has been developed through recent studies, and such data is relevant to this chapter. Further studies in the Skokomish River floodplain are currently being undertaken under the authority of the Army Corps of Engineers.
(b) Purpose. It is therefore the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life, health and property;
(2) To minimize expenditure of public money and costly flood damage control 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 and farming interruptions;
(5) 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; and
(8) To ensure that those who occupy the areas of special flood hazard participate, along with government, in assuming responsibility for their actions.
(9) To allow individuals to protect their life, health, and property when it is done in accordance with all applicable laws and regulations.
(10) Implement applicable recommendations of Skokomish River Comprehensive Flood Hazard Management Plan.
(11) Provide for continued eligibility for National Flood Insurance Program.
(Ord. 87-08 Attach. A (part), § 1.2, 2008: Ord. 81-07, Attach. A, § 1.2, 2007: Ord. 9-03, Attach. B8, § 1.2, 2003: Ord. 10-02, Attach. B, § 1.2, 2002: Ord. 16-00, Attach. B, §§ 1.2, 1.3, 2000: Ord. 59-91, §§ 1.2, 1.3, 1991).
14.22.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter provides regulatory 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 protection barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, and other development which may increase flood damage;
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas;
(6) Controlling excessive erosion by constructing sound erosion control structures and obtaining appropriate permits and exemptions from all applicable local, state, and federal jurisdictions; and
(7) Implementing the recommendations of adopted flood hazard studies and plans.
(Ord. 87-08 Attach. A (part), § 1.3, 2008: Ord. 81-07, Attach. A, § 1.3, 2007: Ord. 9-03, Attach. B, § 1.3, 2003: Ord. 10-02, Attach. B, § 1.3, 2002).
BUILDING CODE AMENDMENTS
VIOLATION AND PENALTIES
MINIMUM QUALIFICATION REQUIREMENTS FOR UNIFORM FIRE CODE INSPECTION
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
FIRE CODE
STANDARDS FOR FIRE APPARATUS ACCESS ROADS
INTERIM FIRE FLOW STANDARDS FOR GROUP A WATER SYSTEMS
MANUFACTURED HOUSING INSTALLATIONS
FLOOD DAMAGE PREVENTION
Statutory Authorization, Purpose, and Objectives
| FEMA | Federal Emergency Management Agency |
| FIRM | Flood Insurance Rate Map |
| NRCS | Natural Resources Conservation Service |
| RCW | Revised Code of Washington |
| WAC | Washington Administrative Code |
| WSDOT | Washington State Department of Transportation |
(Ord. 87-08 Attach. A (part), § 2.0, 2008: Ord. 81-07, Attach. A, § 2.0, 2007: Ord. 9-03, Attach. B8, § 2.0, 2003: Ord. 10-02, Attach. B, § 2.0, 2002: Ord. 16-00, Attach. B, § 2.0, 2000: Ord. 59-91, § 2.0, 1991).
Article III. 14.22.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of Mason County. These lands are designated as frequently flooded areas by the Mason County resource ordinance pursuant to RCW 36.70A.
(Ord. 87-08 Attach. A (part), § 3.1, 2008: Ord. 81-07, Attach. A, § 3.1, 2007: Ord. 9-03, Attach. B8, § 3.1, 2003: Ord. 10-02, Attach. B, § 3.1, 2002: Ord. 16-00, Attach. B, § 3.1, 2000: Ord. 59-91, § 3.1, 1991).
14.22.060 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 Mason County" dated May 17, 1988, and revised December 8, 1998, with accompanying Flood Insurance Maps, and any subsequent amendments thereto, is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Mason County department of community development, Building I, 411 N. 5th St., Shelton, Washington.
(Ord. 87-08 Attach. A (part), § 3.2, 2008: Ord. 81-07, Attach. A, § 3.2, 2007: Ord. 9-03, Attach. B8, § 3.2, 2003: Ord. 10-02, Attach. B, § 3.2, 2002: Ord. 16-00, Attach. B, § 3.2, 2000: Ord. 59-91, § 3.2, 1991).
14.22.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars imprisoned for not more than sixty days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Mason County from taking such other lawful action as is necessary to prevent or remedy any violation. The Mason County Development Code Chapter 15.13 provides for enforcement of violations to permits.
(Ord. 87-08 Attach. A (part), § 3.3, 2008: Ord. 81-07, Attach. A, § 3.3, 2007: Ord. 9-03, Attach. B8, § 3.3, 2003: Ord. 10-02, Attach. B, § 3.3, 2002: Ord. 16-00, Attach. B, § 3.3, 2000: Ord. 59-91, § 3.3, 1991).
14.22.080 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 chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 87-08 Attach. A (part), § 3.4, 2008: Ord. 81-07, Attach. A, § 3.4, 2007: Ord. 9-03, Attach. B8, § 3.4, 2003: Ord. 10-02, Attach. B, § 3.4, 2002: Ord. 16-00, Attach. B, § 3.4, 2000: Ord. 59-91, § 3.4, 1991).
14.22.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as a minimum requirements;
(2) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 87-08 Attach. A (part), § 3.5, 2008: Ord. 81-07, Attach. A, § 3.5, 2007: Ord. 9-03, Attach. B8, § 3.5, 2003: Ord. 10-02, Attach. B, § 3.5, 2002: Ord. 16-00, Attach. B, § 3.5, 2000: Ord. 59-91, § 3.5, 1991).
14.22.100 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 man-made 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 Mason 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. 87-08 Attach. A (part), § 3.6, 2008: Ord. 81-07, Attach. A, § 3.6, 2007: Ord. 9-03, Attach. B8, § 3.6, 2003: Ord. 10-02, Attach. B, § 3.6, 2002: Ord. 16-00, Attach. B, § 3.6, 2000: Ord. 59-91, § 3.6, 1991).
Article IV. 14.22.110 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 Section 14.22.060. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities, as set forth in the "Definitions." If no other county permit is required, a development permit shall be required.
(b) Application for Development Permit. Application for a development permit shall be made on forms furnished by Mason County, which can be obtained from the Mason County department of community development. Application materials may include but not be limited to plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question and 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 new or substantially improved 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 Section 14.22.160(2); and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 87-08 Attach. A (part), § 4.1, 2008: Ord. 81-07, Attach. A, § 4.1, 2007: Ord. 9-03, Attach. B8, § 4.1, 2003: Ord. 10-02, Attach. B, § 4.1, 2002: Ord. 16-00, Attach. B, § 4.1, 2000: Ord. 59-91, § 4.1, 1991).
14.22.120 Designation of the administrator.
The administrator is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with ordinance provisions. The administrator may consult with other departments and/or agencies with expertise to assist in permitting decisions.
(Ord. 87-08 Attach. A (part), § 4.2, 2008: Ord. 81-07, Attach. A, § 4.2, 2007: Ord. 9-03, Attach. B8, § 4.2, 2003: Ord. 10-02, Attach. B, § 4.2, 2002: Ord. 16-00, Attach. B, § 4.2, 2000: Ord. 59-91, § 4.2, 1991).
14.22.130 Duties and responsibilities of the administrator.
Duties of the administrator shall include, but not be limited to:
(1) Permit Review.
(A) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(B) 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.
(C) Review all development permits to determine if the proposed development is located in the floodway, or special flood risk zone as defined in Section 14.22.040. If located in the floodway, assure that the provisions of Section 14.22.180 are met. If located in a special flood risk zone, assure that the provisions of Section 14.22.190 are met.
(D) Review applications for emergency permits. An emergency shall be defined as set forth in WAC 173.27.040 (2)d, which includes the following language:
"Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this Ordinance. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be an appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW of these regulations or the local master program, shall be obtained."
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.22.060, Basis for establishing the areas of special flood hazard, the 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 Sections 14.22.160, Specific standards, 14.22.180 Floodways, and 14.22.190 Special flood risk zone.
(3) Information to be Obtained and Maintained.
(A) Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection (2) 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.
(B) For all new or substantially improved floodproofed structures:
(i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood-proofed, and
(ii) Maintain the floodproofing certifications required in Section 14.22.110(b)(3).
(c) Maintain for public inspection all records pertaining to these ordinance provisions.
(4) Alteration of Watercourses.
(A) Notify adjacent communities and property owners, and the Washington State Department of Ecology and Washington State Department of Fish and Wildlife, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(B) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(5) 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 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 by Section 14.22.140. However, if it is clear from examining the FIRM map that the subject property or development is located within the area of special flood hazard, the person contesting the location of the boundary shall apply to FEMA for a map amendment.
(Ord. 87-08 Attach. A (part), § 4.3, 2008: Ord. 81-07, Attach. A, § 4.3, 2007: Ord. 9-03, Attach. B8, § 4.3, 2003: Ord. 10-02, Attach. B, § 4.3, 2002: Ord. 16-00, Attach. B, § 4.3, 2000: Ord. 59-91, § 4.3, 1991).
14.22.140 Variance procedure and reasonable use exception.
(a) Appeal Board.
(1) The hearing examiner shall act as the board of appeals to hear and decide appeals and requests for variances from the requirements of this chapter, as provided by Title 15, Mason County Code.
(2) The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the administrator in the enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the Superior Court, as provided in Chapter 36.70 RCW.
(4) In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and
(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 that 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 floodwaters 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, water systems, streets and bridges.
(L) The potential impacts to fish and riparian habitat, as provided for within the fish and wildlife habitat conservation areas chapter of the resource ordinance.
(5) Upon consideration of the factors of subsection (a)(4) and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(b) Conditions of Variances.
(1) 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 subsections (a)(4)(A) through (a)(4)(L) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
(2) 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.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(A) A showing of good and sufficient cause;
(B) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(C) 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 subsection (a)(4) of this section, or conflict with existing local laws or ordinances.
(6) 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. Variances shall not be granted for residential or commercial construction in floodways designated by this chapter.
(7) 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, complies with all other variance criteria except subsection (b)(1) of this section, and otherwise complies with Sections 14.22.150(1) and (2) of the general standards.
(8) 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.
(c) Reasonable Use Exception. Nothing in this chapter is intended to preclude all reasonable use of property. An applicant for a development proposal may file a request for a reasonable use exception which shall be considered by hearing examiner at a public hearing. The reasonable use exception is not intended to allow residential development in designated floodways.
(1) The hearing examiner may allow a use which is consistent with the general purposes of this chapter and the public interest provided it meets the following criteria:
(A) There is no other reasonable use or feasible alternative to the proposed development with less impact on flood levels, critical areas, or resource lands; and
(B) The proposed development does not pose a threat to the public health, safety or welfare on or off the site; and
(C) The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in creating the undevelopable condition after the effective date of the ordinance codified in this chapter; and
(D) The proposal is the minimum necessary while still allowing reasonable use of the site.
(2) Applications shall include the following information:
(A) A description of the areas of the site which are critical areas and/or resource lands or within setbacks required under the Mason County resource ordinance;
(B) A description of the amount of the site which is within setbacks required by other county standards;
(C) A description of the proposed development, including a site plan and topographic contour information adequate to determine flood depths on the site and property;
(D) An analysis of the impact that the amount of development would have on the resource lands or critical areas;
(E) An analysis of whether any other reasonable use with less impact on the resource lands or critical areas is possible;
(F) A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the resource lands and/or critical areas;
(G) An economic analysis establishing the respective present values of development allowed under these regulations without the reasonable use exception and with the requested exception or alternative exceptions;
(H) Other information as the administrator determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development.
(3) Application Process and Review.
(A) The application shall be submitted to the administrator along with fees established by ordinance for reasonable use exceptions.
(B) Public notice shall be as provided in Title 15 for public hearings.
(C) The administrator shall prepare an analysis of the merits of the request and make recommendations to the board of commissioners.
(4) Except when application from this chapter would deny all reasonable use of a site, an applicant who seeks an exception from the regulations of this chapter shall pursue a variance as provided in this section.
(5) The administrator shall maintain the records of all reasonable use exceptions granted and report them to the Federal Insurance Administration upon request.
(Ord. 87-08 Attach. A (part), § 4.4, 2008: Ord. 81-07, Attach. A, § 4.4, 2007: Ord. 9-03, Attach. B8, § 4.4, 2003: Ord. 10-02, Attach. B, § 4.4, 2002: Ord. 16-00, Attach. B, § 4.4, 2000: Ord. 59-91, § 4.4, 1991).
Article V. 14.22.150 General standards.
In all areas of special flood hazards as shown on the Flood Insurance Rate Maps (FIRM) and as defined in Section 14.22.040, the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(B) 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 85– Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques.)
(2) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(C) 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.
(3) Utilities.
(A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(B) The proposed water well shall be located on high ground that is not in the floodway. It shall be protected from a one hundred-year flood and from any surface or subsurface drainage capable of impairing the quality of the ground water supply (WAC 173-160-171).
(C) 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.
(D) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision Proposals.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(D) 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 fifty lots or five acres (whichever is less).
(E) Proposals for subdivisions or boundary line adjustments shall not result in any lot which is nonconforming to the provisions of this chapter.
(F) Subdivisions located entirely within a floodplain shall not be allowed increased density through a performance or clustered subdivision as described in Title 16. A performance subdivision may be used for parcels located partially within a floodplain provided all allowed building areas are located outside the floodplain, and all other regulatory provisions are met. When feasible, lots shall be designed to locate building sites outside the floodplain.
(G) No parcel shall be created that would require a reasonable use exception or variance before new residential or commercial construction would be allowed.
(5) Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 14.22.130(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgement 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. 87-08 Attach. A (part), § 5.1, 2008: Ord. 81-07, Attach. A, § 5.1, 2007: Ord. 9-03, Attach. B8, § 5.1, 2003: Ord. 10-02, Attach. B, § 5.1, 2002: Ord. 16-00, Attach. B, § 5.1, 2000: Ord. 59-91, § 5.1, 1991).
14.22.160 Specific standards.
In all areas of special flood hazards and special flood risk zones where base flood elevation data has been provided as set forth in Section 14.22.060, Basis for establishing the areas of special flood hazard or Section 14.22.130(b), Use of other base flood data, the following provisions are required:
(1) Residential Construction.
(A) 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.
(B) 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:
(i) 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;
(ii) The bottom of all openings shall be no higher than one foot above grade;
(iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry an exit of floodwaters.
(C) If crawlspaces are used and have enclosed areas or floors below the base flood elevation, then the following requirements apply:
(i) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed though the required openings discussed in the next bullet. Because of hydrodynamic loads, crawlspace construction is not recommended in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.
(ii) The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade. For guidance on flood openings, see FEMA Technical Bulletin 1-93, Openings in Foundation Walls.
(iii) Crawlspace construction is not permitted in V zones. Open pile or column foundations that withstand storm surge and wave forces are required in V zones.
(iv) Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE. Insulation is not a flood-resistant material. When insulation becomes saturated with floodwater, the additional weight often pulls it away from the joists and flooring. Ductwork or other utility systems located below the insulation may also pull away from their supports. See the section Flood-Resistant Materials, on page 8 of FEMA Technical Bulletin 1-93. For more detailed guidance on flood-resistant materials see FEMA Technical Bulletin 2-93, Flood-Resistant Materials Requirements.
(v) Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. For further guidance on the placement of building utility systems in crawlspaces, see FEMA 348, Protecting Building Utilities from Flood Damage.
(vi) The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 1.
(vii) 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 four feet (shown as L in Figure 1) at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas (see the section Guidance for Pre-Engineered Crawlspaces, on page 7 of FEMA Technical Bulletin 1-93). This limitation will also prevent these crawlspaces from being converted into habitable spaces.
(viii) There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage
GRAPHIC UNAVAILABLE: Click here
Figure 1. Requirements regarding below-grade crawlspace construction.
characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means.
(ix) The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.
(x) Below-grade crawlspace construction in accordance with the requirements listed above will not be considered basements.
(2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure, except those defined as an accessory 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:
(A) 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;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(C) 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 Section 14.22.130(3)(B);
(D) Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection (1)(B) of this section;
(e) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g., a building flood proofed to one foot above the base flood level will be rated as at the base flood level).
(3) Accessory Structures. Construction or substantial improvement of accessory structures, as defined in Section 14.22.040, shall either have the lowest floor elevated one foot or more above the level of the base flood elevation; or must meet the following 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 provided they may permit the automatic entry and exit of floodwaters.
(D) Structures shall not be designed for human habitation.
(E) Structures shall be firmly anchored to prevent flotation which may result in damage to other structures.
(F) Service facilities such as electrical and heating equipment shall be elevated or flood proofed.
(4) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible.
(5) 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 is securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 14.22.150(1)(B). In unnumbered A zones, all manufactured homes shall be elevated such that their lowest floor is at least two feet above the highest adjacent elevation.
(6) Recreational Vehicles. Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM shall either:
(A) Be on site for fewer than one hundred eighty consecutive days;
(B) Be 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.
(Ord. 87-08 Attach. A (part), § 5.2, 2008: Ord. 81-07, Attach. A, § 5.2, 2007: Ord. 9-03, Attach. B8, § 5.2, 2003: Ord. 10-02, Attach. B, § 5.2, 2002: Ord. 16-00, Attach. B, § 5.2, 2000: Ord. 59-91, § 5.2, 1991).
14.22.170 AE and A1-30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community'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. 87-08 Attach. A (part), § 5.3, 2008: Ord. 81-07, Attach. A, § 5.3, 2007).
14.22.180 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.
(1) Encroachments are prohibited including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachments shall 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 repairs, reconstruction, or improvements to a structures which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either, (a) before the repair, reconstruction, or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing 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 on structures identified as historic places shall not be included in the fifty percent determination.
(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 this article, Provisions for Flood Hazard Reduction.
(Ord. 87-08 Attach. A (part), § 5.4, 2008: Ord. 81-07, Attach. A, § 5.4, 2007: Ord. 9-03, Attach. B8, § 5.3, 2003: Ord. 10-02, Attach. B, § 5.3, 2002: Ord. 16-00, Attach. B, § 5.3, 2000: Ord. 59-91, § 5.3, 1991).
14.22.190 Special flood risk zone– Floodplain of the Skokomish River, Vance Creek and tributaries.
(a) Special Flood Risk Zone. A special flood risk zone is established for the Zones A and A2 floodplain of the Skokomish River, Vance Creek and tributaries, and is illustrated on FIRM map Community Panels #530115-0175D and # 530115-0180D, (both December 1998). The special flood risk zone is designated as a floodway and the entire floodway is designated an avulsion risk area. Construction of a new structure or an expansion of the square foot area of an existing structure is prohibited in this designated floodway. For purposes of this subsection, the term structure shall not include a gas or liquid storage tank.
(b) Dikes, Levees and Other Water Flow Modification Structures.
(1) Areas where floodwater releases and overflows from the main Skokomish River channel shall not be modified, meaning levied or diked, in any manner which would result in increased stream flow in the main channel.
(2) Maintenance to existing legally established (constructed by past permits or historically occurring) levees, dikes, and other water flow modification structures shall be permitted with appropriate approvals from all affected agencies, provided that the maintenance does not result in increased stream flow within the main channel (as verified by a hydraulic engineer), and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes and levees necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes.
(3) If the public works director finds an imminent flood threat to the public health, safety, and welfare exists based on:
(A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river or creek, or
(B) A rainfall within the last forty-eight hours in excess of four inches, or
(C) Issuance of a flood warning by the National Weather Service for the specific area, or
(D) A significant isolated blockage occurs such as a log jam or slide, that impacts the geography or water velocity such that an overflow bank path has or is likely to occur;
then the public works director may recommend to the board of commissioners that they declare an emergency flood condition, which shall then authorize the county to make on-site inspections on private property of dikes and other impediments as necessary, and to direct or design immediate or subsequent improvement, repair, removal, or modification to said dikes, levees, or other impediments, as subject to other regulations; and shall maintain a record of the condition and structure of said dikes.
(4) Alterations to dikes and levees, and bank stabilization efforts that would prevent legitimate potential emergency situations shall be permitted, provided that all affected agencies have been notified and appropriate permits have been acquired.
(5) Activities related to the repair, maintenance or construction of bank stabilization, dikes, levees or other related development are a permit required activity under Section 14.22.110, are subject to all provisions for development standards within this chapter, and shall provide for appropriate inspections during and following construction and/or repair. Construction shall meet NRCS standards, as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan, or as revised.
(6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-by-case basis. The administrator shall include the following considerations in making an evaluation:
(A) Recommendations of applicable study;
(B) Provisions of this chapter;
(C) Project-specific engineering;
(D) Public benefit;
(E) All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall include, at a minimum, a post-construction inspection for compliance with the conditions of approval. Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval.
(8) Dike Monitoring Program. Information on the condition of levees, dikes, or other structures ascertained from successive on-site inspections shall be maintained by the county for the purpose of updating and cataloging existing conditions as part of their ongoing flood and dike management program. Dikes shall be monitored for safety purposes. Dikes shall be inspected by the public works director at least biennially.
The public works director and his designee is authorized to enter onto private or public land for the sole purpose of inspecting dikes for flood safety and for no other purpose. The inspections shall be done between the eight a.m. and four p.m. time period, with notice to the property owner sent by certified mail at least fourteen days in advance, unless there is a flood emergency.
The public works director shall report on the condition of the dikes to the board of county commissioners at the interval of once every two years. The report shall include an assessment of the condition and structure of the dikes; an analysis of whether any improvements needs to be done; a statement on the ability, or lack thereof, to inspect the dikes; and any other matter of importance to dike inspection and monitoring. The report shall also be based on the inspections and information gathered from dike monitoring. Existing dikes monitored shall be listed or be listed by reference to outside reports.
(c) Bridges and Roadways.
(1) Areas where floodwater releases and overflows from the main Skokomish River channel shall not be modified by construction or reconstruction of bridges or roadways, in any manner which would result in increased stream flows or flood elevations (as verified by a hydraulic engineer).
(2) Maintenance to existing legally established (constructed by past permits or historically occurring) bridges and roadways shall be permitted with appropriate approvals from all affected agencies, provided that the maintenance does not result in increased stream flows or flood levels (as verified by a hydraulic engineer), and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to bridges and roadways necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes.
(3) If the public works director finds an imminent flood threat to the public health, safety, and welfare exists based on:
(A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river or creek, or
(B) A rainfall within the last forty-eight hours in excess of four inches, or
(C) Issuance of a flood warning by the National Weather Service for the specific area, or
(D) A significant isolated blockage occurs such as a log jam or slide, that impacts the geography or water velocity such that an overflow bank path has or is likely to occur;
then the public works director may recommend to the board of commissioners that they declare an emergency flood condition, which shall then authorize the county to make on-site inspections on private property of bridges and roadways and other impediments as necessary, and to direct or design immediate or subsequent improvement, repair, removal, or modification to said impediments, as subject to other regulations; and shall maintain a record of such actions.
(4) Alterations to bridges and roadways that would prevent legitimate potential emergency situations shall be permitted, provided that all affected agencies have been notified and appropriate permits have been acquired.
(5) Activities related to the repair, maintenance or construction of bridges and roadways or other related development are a permit required activity under Section 14.22.110, are subject to all provisions for development standards within this chapter, and shall provide for appropriate inspections during and following construction and/or repair.
(6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-by-case basis. The administrator shall include the following considerations in making an evaluation:
(A) Recommendations of applicable study;
(B) Provisions of this section;
(C) Project-specific engineering;
(D) Public benefit;
(E) All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall include, at a minimum, a post-construction inspection for compliance with the conditions of approval. Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval.
Projects proposed by WSDOT under this section and receiving Federal Highway Administration funding shall be consistent with the recommendations within the Skokomish River Comprehensive Flood Hazard Management Plan and shall be evaluated on a case-by-case basis. The administrator shall include the following considerations in making an evaluation and issuing a permit:
(A) Recommendations of project specific studies prepared by or on behalf of WSDOT;
(B) All other provisions of this chapter do not apply;
(C) Project specific engineering shall be completed in accordance with the WSDOT Design Manual;
(D) Provide a public benefit;
(E) Provide less than a cumulative one foot rise in the proposed one hundred-year flood fringe as determined by a step backwater analysis or higher. The cumulative total rise will consider projects that have been approved as well as projects that are planned to be approved.
(F) Compliance with all applicable state and federal regulations.
(Ord. 87-08 Attach. A (part), § 5.5, 2008: Ord. 81-07, Attach. A, § 5.5, 2007: Ord. 86-05, § 1, 2005; Ord. 24-05, Attach. A, 2005; Ord. 9-03, Attach. B8, § 5.4, 2003: Ord. 10-02, Attach. B, § 5.4, 2002: Ord. 16-00, Attach. B, § 5.4, 2000: Ord. 59-91, § 5.4, 1991).
Chapter 14.24 Sections:
14.24.010 Review of permit applications by building official.
14.24.020 Review of subdivision proposals by planning director.
14.24.030 Water and sewer systems.
14.24.040 Compliance with national regulations.
14.24.050 Responsibility and authority of planning director.
14.24.060 Record of elevations of structures.
14.24.070 Action.
14.24.010 Review of permit applications by building official.
The building official shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
A. Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure;
B. Use construction materials and utility equipment that are resistant to flood damage; and
C. Use construction methods and practices that will minimize flood damage.
(Res. 523 (1), 1975).
14.24.020 Review of subdivision proposals by planning director.
The planning director shall review subdivision proposals and other proposed new developments to assure that:
A. All such proposals are consistent with the need to minimize flood damage;
B. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and
C. Adequate drainage is provided so as to reduce exposure to flood hazards.
(Res. 523 (2), 1975).
14.24.030 Water and sewer systems.
The public works director shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
(Res. 523 (3), 1975).
14.24.040 Compliance with national regulations.
The Federal Insurance Administration is assured that the county will enact, as necessary, and maintain in force for those areas having flood or mudslide hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Program Regulations.
(Res. 524 (1), 1975).
14.24.050 Responsibility and authority of planning director.
The planning director is vested with the responsibility, authority, and means to:
A. Delineate or assist the administrator, at his request, in delineating the limits of the areas having special flood (and/or mudslide) hazards on available local maps of sufficient scale to identify the location of building sites;
B. Provide such information as the administrator may request concerning present uses and occupancy of the flood plain (and/or mudslide area);
C. Cooperate with federal, state, and local agencies and private firms which undertake to study, survey, map and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards;
D. Submit on the anniversary date of the community's initial eligibility an annual report to the administrator on the progress made during the past year within the community in the development and implementation of flood plain (and/or mudslide area) management measures.
(Res. 524 (2), 1975).
14.24.060 Record of elevations of structures.
The planning director of Mason County is appointed to maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded.
(Ord. 524 (3), 1975).
14.24.070 Action.
The county agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program.
(Res. 524 (4), 1975).
Chapter 14.25 Sections:
14.25.005 Authority, purpose and scope.
14.25.010 Definitions.
14.25.020 General installation requirements.
14.25.030 County standards for installation of mobile homes.
14.25.040 Movement of mobile homes.
14.25.050 Application for installation permit.
14.25.060 Permit fees.
14.25.070 Installation permit issuance and duration.
14.25.090 Penalties.
14.25.100 Enforcement.
14.25.110 Severability.
14.25.005 Authority, purpose and scope.
This chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, use and occupancy, location and maintenance of all mobile homes within Mason County.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.010 Definitions.
"Alteration" means the replacement, addition, modification, or removal of any equipment or installation that affects the construction, planning considerations, fire safety, or the plumbing, mechanical, and electrical systems of a mobile home. The installation of whole house water treatment that requires cutting into the existing plumbing is considered an alteration and requires a permit, an inspection and an alteration insignia from the Washington State Department of Labor and Industries, Factory Assembled Structures Division. The following are not considered alterations: Repairs to equipment with approved parts, modification of a fuel burning appliance according to the listing agencies specifications, adjustments and maintenance of equipment.
"Alteration insignia" means an insignia issued by The Department of Labor and Industries to verify that an alteration to a mobile home meets the requirements of Federal Law 24CFR3280 and Chapter 296-150M WAC.
"Forced relocation" means when an existing Mobile Home Park facility is either closed or converted resulting in the existing mobile homes located within the facility to be relocated. Reference RCW Chapter 59-21 for additional terms and information.
"HUD" means the United States Department of Housing and Urban Development with headquarters located in Washington, D.C.
"Installation permit" means an authorization from the Mason County department of community development and applicable review agencies or departments to locate a mobile home in Mason County. Commonly referred to as a building permit for the set up of a mobile home.
"Labor and Industries" (L&I) means the State of Washington, Department of Labor and Industries.
"Mobile home" means a factory dwelling built prior to June 15, 1976 to standards other than the HUD Code and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act.
Additional terms are defined in Chapter 296-150M WAC.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.020 General installation requirements.
(a) Installation of all mobile homes shall be as provided for pursuant to WAC, Chapter 296-150M.
(b) Installation shall meet all Mason County Department approvals and conditions required for installation permits. Inspections shall be in accordance with WAC 296-150M and manufacturer installation instructions. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.030 County standards for installation of mobile homes.
The establishment and use of a mobile home for human habitation may be permitted when all the following conditions have been met:
(a) The mobile home has had no alterations to its original construction or systems.
(b) The mobile home bears an insignia of approval issued by the state of Washington Department of Labor and Industries for fire, life safety.
(c) The mobile home meets the requirements contained in Chapter 296-150M WAC and all other county, state and federal laws, ordinances, codes and regulations.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.040 Movement of mobile homes.
Any person, firm, company or corporation wanting to transport a mobile home on Mason County roadways must first obtain an over the road permit form the Mason County Department of Public Works. Transportation on state highways must first obtain approval from WSDOT.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.050 Application for installation permit.
No mobile may be transported, erected, installed, located or stored in Mason County until an installation permit has been obtained from the Mason County department of community development.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.060 Permit fees.
The permit fee for mobile homes shall be in accordance with the adopted county permit fee schedule for manufactured homes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.070 Installation permit issuance and duration.
Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the 2006 IRC/IBC, Part I Administration and Section 14.08.040 shall apply.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.090 Penalties.
Any violation of this chapter shall be subject to Chapter 14.12 of the Mason County Code; Violation and Penalties and Chapter 15.13 of the Mason County Code; Enforcement.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.25.100 Enforcement.
The Mason County Building Department shall administer and enforce the provisions of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
14.25.110 Severability.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004).
Chapter 14.28 Sections:
14.28.010 Title.
14.28.020 Purpose.
14.28.030 Scope.
14.28.040 Address posting requirements.
14.28.050 Administration.
14.28.060 Definitions.
14.28.070 Procedure.
14.28.080 Official addressing map.
14.28.090 Districts.
14.28.100 Addressing.
14.28.110 Road signs.
14.28.120 Private road naming procedure.
14.28.130 Enforcement. * Prior ordinance history: Ords. 1091, 92-81 and 111-81.
14.28.010 Title.
This chapter shall be known as and shall be cited as the Mason County addressing ordinance.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 1.01, 1997).
14.28.020 Purpose.
The purpose of this chapter is to establish a uniform system for private roadways and numbering parcels as a component of the 911 emergency response system and to assist 911, other municipal services, businesses and private parties in locating parcels within unincorporated Mason County.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 1.02, 1997).
14.28.030 Scope.
This chapter affects the unincorporated area of Mason County. At such time as it becomes necessary to include other geographical areas of Mason County, those areas shall be included upon resolution of the board of county commissioners. The uniform road and numbering system shall apply to all private, county, state and U.S. roadways and all parcels requiring identification for emergency and municipal services, etc. within unincorporated Mason County.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 1.03, 1997).
14.28.040 Address posting requirements.
(a) At such time that the department of community development assigns an address, the property owner shall place, within thirty days the assigned mile point number, in contrasting reflective material, at the driveway entrance so that it is clearly visible from the roadway in both directions.
(b) When there is a long shared driveway, easement or any situation where there could be confusion in finding an entrance, mile point numbers shall be posted together at the main access point, and at each turn and/or driveway entrance, in contrasting reflective material, to provide direction to the parcel.
(c) Recreational properties, parcels without structures and any other parcels with an assigned address shall affix said address with thirty days of assignment as described herein.
(d) Posting is required to the front of any structure within thirty days of its erection.
(e) Mile point number and/or alphabetic unit designation posting shall contrast with any background, should be clearly visible on the front of the structure and shall meet the setback requirements as described in Section 14.28.040(j).
(f) Residential address numbers shall be arabic numerals. Alphabetic designations will be of the English alphabet.
(g) Single-family residence mile point numbers shall be a minimum of four inches high with a minimum stroke width of one-half inch.
(h) Water front properties with fire boat access shall post mile point numbers in a minimum of six inches with a three-fourth-inch stroke, the mile point number, in contrasting reflective material, on the front of a dock or post visible from the water.
(i) New and existing commercial buildings shall have approved numbers and or letters, building numbers and or letters or approved building identification posted in conformance with Section 14.28.040(j).
(j) Multifamily residential, and commercial structure mile point number or unit designation posting requirements:
Fifty feet or less setback shall post a six-inch minimum with a three-fourth-inch stroke.
Fifty feet or more setback shall post a twelve-inch minimum with a one and one-half inch stroke.
Designating unit on a building will be no less than six inches in height with minimum three-fourth-inch stroke.
Designating unit on a door will be no less than four inches in height with minimum one-half-inch stroke one hundred-foot setback or less shall post eighteen-inch minimum with two inch-stroke.
One hundred-foot setback or greater shall post twenty-four-inch minimum with three-inch stroke.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 1.04, 1997).
14.28.050 Administration.
(a) The Mason County community development director, or his designee, shall be the administrator of this chapter. The department of community development or designee of the department shall be responsible for designating the development and maintenance of maps indicating road names, a catalogue of road names, assigning names to roads, and be responsible for insuring that proposed road names are in conformance with the road designations and to avoid duplication of existing road names.
(b) It will be the responsibility of the department of community development to set forth the addressing fee in accordance with the departments fee schedule.
(c) Whenever, in the course of administration and enforcement of this chapter, it is found desirable to make any administrative decision, unless other standards are provided in this chapter, a decision shall be made so that the result will not be in conflict with the intent and purpose of this chapter.
(d) If any section, subsection or other portion of this chapter is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such section, subsection or portion shall be deemed a separate portion of this chapter.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 4.01, 1997).
14.28.060 Definitions.
"Address" means the assigned mile point number, district indicator, road name and road designation.
"Addressable parcel" means any parcel having access to any road, private road, private easement or shared driveway within unincorporated Mason County, including the state and U.S. road system.
"Court," "place," "lane," or "way" means a road terminating in a non-extendable cul-de-sac. Or a road that dead-ends that will not likely be extended in the future.
"Loop," or "circle" means a road which connects back to itself or returns back to the same road (at any point) from which it originated.
"Mile point number" means the numeric portion of an assigned address.
"Named road" means any road in the U.S., state and county road system in Mason County and any private road recognized by the Mason County department of community development.
"Parcel development" means any land use permit or action, including but not limited to construction permits, that require permitting from Mason County departments or agencies.
"Point of origin" means the point at which a road begins as accessed from another road (from major to minor roads). These road origins shall be established by the Mason County department of community development. Any road that originates inside and incorporated municipality and extend into the county shall have address numbers that coordinate with that municipality.
"Private road" means any road, access, easement, or shared driveway named by procedure as described in Section 14.28.120 of this chapter, which is not part of the state, U.S. or county road maintenance system.
"Road," "street," "drive," "avenue," or "boulevard" means a straight or irregular connecting road that does not dead-end, or a deadened road that is likely to be extended to another road in the future.
"State route" and "U.S. highway" mean a road belonging to the Washington state route system, or U.S. highway system.
(Ord. 64-07 (part), 2007: Ord. 107-97 Art. 2, 1997).
14.28.070 Procedure.
These procedures establish an addressing system for the purpose of assigning addresses to parcels in Mason County. These procedures provide a system incorporating the use of an official map in which is established geographic districts, road origins, a parcel numbering system, private road naming and enforcement of address posting. These procedures are intended for the following purposes:
(1) The assigning of addresses to parcels within Mason County.
(2) The establishing of road origins.
(3) The installation of a uniform numbering system throughout Mason County.
(4) The establishment of a procedure for naming private roadways in unincorporated Mason County.
(5) The establishment of enforcement standards for addressing to assist the 911 emergency response system.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 3.01, 1997).
14.28.080 Official addressing map.
The official addressing map establishes five geographic districts of Mason County and sets forth a directional system for roadways in Mason County. The assignment of the address directional shall be determined by the official addressing map. The map will be maintained by the department of public works GIS division at the direction of the department of community development.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 3.02, 1997).
14.28.090 Districts.
Mason County shall be divided into five districts as determined by the official map.
(1) N - North District (the area north of the Skokomish River and on the Westside of the Hood Canal).
(A) North Side - starts at the where the Hood Canal meets the northern county boundary and follows the northern county boundary west to the northwestern corner of the county.
(B) South Side - starts at the mouth of the Skokomish River (where it meets the Hood Canal) and follows the Skokomish River west (upstream). At the north/south split in the Skokomish River the boundary follows the South Fork of the Skokomish River upstream to the Township 22/21 north line. The boundary then follows the Township 22/21 north line west to the western county boundary.
(C) East Side - starts at where the Hood Canal meets the northern county boundary and follows the west side of the Hood Canal south to the mouth of the Skokomish River.
(D) West Side - starts at the northwestern corner of the county and follows the western county boundary south to Township 22/21 north line, except that all addresses on Highway 101 north of the State Route 3 interchange are in the north addressing district.
(2) W - West District (the area west of US Hwy 101 and south of the Skokomish River).
(A) North Side - starts at where US Hwy 101 crosses the Skokomish River. The boundary then follows the Skokomish River west (upstream). At the north/south split in the Skokomish River the boundary follows the South Fork of the Skokomish River upstream to the Township 22/21 north line. The boundary then follows the Township 22/21 north line west to the western county boundary.
(B) South Side - starts at the southwestern corner of the county and follows the southern county boundary east to where it meets US Hwy 101.
(C) East Side - starts at where US Hwy 101 crosses the Skokomish River. The boundary then follows the west side of US Hwy 101 south to the intersection with West C St. (at the Shelton City limits). The boundary then follows the Shelton City limits south to the end South 2nd St. (Where the city limits make a ninety-degree turn, near W Tree Frog Ln). The boundary then goes straight south to Mill Creek following parcel boundaries that roughly parallel South 2nd St (South 2nd St does not extend south of W Wilson St). The boundary then follows Mill Creek upstream to its intersection with US Hwy 101. The boundary then follows the west side of US Hwy 101 south to the southern county boundary.
(D) West Side - starts at the southwestern corner of the county and follows the western county boundary north to the Township 22/21 north line. Except that any parcel addressed off of State Route 3 between US Hwy 101 and the southern Shelton City limits will be in the southeast addressing district. All addresses on US Hwy 101 south of the State Route 3 interchange are in the west addressing district. The west side of Lake Cushman is addressed in the west addressing district although the lake itself is located in the north addressing district due to access issues.
(3) E - East District (The area between Belfair and Shelton, including Allyn, Grapeview and Union).
(A) North Side - starts at where US Hwy 101 crosses the Skokomish River. The boundary then follows the Skokomish River downstream to the Hood Canal. The boundary then follows the center of the Hood Canal east to the Township 23/22 north line. Then go east along the T23N/T22N line to the eastern county boundary.
(B) South Side - starts at the mid-point (over the water) of where Oakland Bay meets the city of Shelton boundary. The boundary then follows Hammersley Inlet east to Pickering Passage. The boundary turns north along Pickering Passage and runs between Harstine and Squaxin Island (through Peale Passage) to the south county boundary.
(C) East Side - starts where the T23N/T22N line intersects the eastern county boundary and follows the eastern county boundary south to where the "south side" boundary turns north (leaving the county boundary) to go between Harstine and Squaxin Island (through Peale Passage).
(D) West Side - start at where US Hwy 101 crosses the Skokomish River. The boundary then follows the east side of US Hwy 101 south to the intersection with the Shelton City limits. The boundary then follows the Shelton city limits east to the mid-point over Oakland Bay where the "south side" boundary picks up, except that Harstine Island is part of the east addressing district.
(4) NE - Northeast District (Belfair and the Tahuya Peninsula area).
(A) North Side - starts where the Hood Canal meets the Township 23/24 north/county boundary line and follows the township/county boundary line east to the northeast corner of the county.
(B) South Side - starts in the middle of the Hood Canal near Union and follows the canal east to the Township 23/22 north line. From there the boundary follows the Township 23/22 north line east to the eastern county boundary.
(C) East Side - the boundary starts at the northeast corner of the county and follows the county boundary south to the Township 23/22 north line.
(D) West Side - starts where the Hood Canal meets the Township 23/24 north/county boundary line and follows the east side of the Hood Canal down to near Union where it meets the south side boundary in the middle of Hood Canal.
(5) SE - Southeast District (the Arcadia/Lynch Road area including the Kamilche Peninsula).
(a) North Side - starts where south end of South 2nd St touches Shelton City limits. From there the boundary follows the Shelton City limits east to Hammersley Inlet. Then the boundary follows Hammersley Inlet east to Pickering Passage.
(b) South Side - starts where Totten Inlet meets Pickering Passage near Arcadia Point. From there the boundary follows the southern county boundary (through the middle of Totten Inlet) to where US Hwy 101 meets the southern county boundary.
(c) East Side - starts in the middle of Pickering Passage near Arcadia Point and goes north along Pickering Passage to Peale Passage. Then the boundary goes south along Peale Passage (between Squaxin and Harstine Island) to the southern county boundary
(d) West Side - starts at where US Hwy 101 meets the southern county boundary. From there the boundary follows the east side of US Hwy 101 north to Mill Creek. The boundary then follows Mill Creek east (downstream). The boundary goes straight north following parcel boundaries to the Shelton City limits at the end of South 2nd St. except that Hope and Squaxin Island are in the southeast addressing district.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 3.03, 1997).
14.28.100 Addressing.
Addresses shall consist of four items in this order: Mile point number, district indicator, road name and road designation. Large complexes shall also be assigned an alphabetic unit designation as described below:
Example: 3410 SE Outback Road.
(1) The mile point number for a parcel shall be determined by the distance measured to the nearest one-tenth of a mile from the point of origin of the named road to the driveway access of that parcel. Mile point numbers shall be determined by the side of the road that the driveway access is located. Right side access shall be even numbered ending in zero; Left side access shall be odd numbered ending in one. With the exception of a shared driveway or easement which may use up to a five number sequence of right 0, 2, 4, 6 and 8 or left, 1, 3, 5, 7 and 9. Shared driveway or easement numbers shall be issued at the discretion of the department of community development and may be subject to Section 14.28.120.
(2) Residential multi-unit structures, condos, town homes and duplexes (except those with individual driveways) etc. shall be numbered with a single address for the complex, then an individual building alphabetical designation and a single unit numeral.
For example:
91 E Sterling Rd Unit A-1, indicating the complex address of 91, building designation of A and unit number 1.
(3) Multi-story apartment complexes with a common entranceway shall be addressed as individual building numbers and unit addresses.
For example:
On the right side of Sterling Rd building one is 90 E Sterling Rd building two is 92 E Sterling road building three is 94 E Sterling Rd etc. Floor one of building one is number from left to right starting 100, 102, 104, 106 etc. Floor two is numbered left to right 200, 202, 204, 206 etc. On the left side of Sterling road building one is 91 E Sterling Rd, building two is 93 E Sterling Rd, building three is 95 E Sterling Rd etc. Floor one of building one is numbered left to right 101, 103, 105, 107 etc. Floor two is number left to right 201, 203, 205, 207 etc.
(4) Commercial multi-unit buildings will have one numeric address per building with alphabetic unit designations.
For example:
24230 NE State Route 3 units from left to right A, B, C, D, E and F.
(e) For large industrial complexes each building should have an individual address with alphabetic unit designations for individual tenants of the building.
(Ord. 64-07 (part), 2007: Ord. 107-97 § 3.04, 1997).
14.28.110 Road signs.
(a) All roads maintained by Mason County shall display the proper signing, including road name and district indicator.
(b) Mason County shall be responsible for the placement and maintenance of all road signs required for implementing this chapter for county-maintained roadways.
(c) Roadways within Mason County, maintained and signed by the Washington State Department of Transportation, will be the responsibility of that department.
(d) Private roads not maintained by Mason County shall be signed in conformance with this chapter within thirty days of naming the private roadway.
(e) Parcel owners using the private roadway shall be responsible for the cost and maintenance of private road signs.
(f) Streets and roads shall be identified with approved signs.
(g) Temporary signs shall be installed at each street intersection when development of new roadways allows passage by vehicles. Signs shall be a minimum of twenty-four inches in length or a maximum of sixty inches to accommodate varying name lengths. Height shall be a minimum of eight inches with five-inch letters describing the geographical indicator first then the road name ending in the road type indicator as described in the State Sign Fabrication Manual M55.05.
For example:
E Island Lake Dr
SE Brewer Rd
W Countryside Ct
(h) Signs shall be of green permanent waterproof materials with white reflective lettering. All sign supports shall be of a breakaway design, having the ability to break away if struck by a vehicle.
(i) The sign shall be a minimum height of seven feet from the bottom of the sign to surface of the ground, for visibility.
(j) The sign shall be located as to not interfere with site distance or road maintenance operations,
(k) Private road signing, placement and maintenance shall be the responsibility of the property owner(s).
(Ord. 64-07 (part), 2007: Ord. 107-97 § 3.05, 1997).
14.28.120 Private road naming procedure.
(a) The department of community development shall require names for private driveways or easements that serve four or more parcels, or any private driveway or easement that exhibits a need to be named under the intent of this chapter.
(b) The Mason County department of community development (DCD) and or its designee shall be responsible for the naming, mapping, cataloging and addressing of private roadways in Mason County. When a private driveway or easement serves more than four parcels or at the discretion of the department of community development, the department or designee shall proceed to name the private driveway or easement making it into a private roadway. All parcel owners utilizing the easement for driveway access shall be notified in writing the determination of the department. The parcel owners will then be given the opportunity to suggest road names by answering in writing, email or calling the designee of the department within fifteen days of receipt of the letter.
(c) All suggestions not duplication, having similarity or conflicting with previously named roadways in Mason County will then be mailed out in a second letter to be voted on. All votes must be returned in writing with the signature of the parcel owner and received to the DCD designee no later than fifteen days after receipt of the voting letter. Should a single party own more than one parcel on the private driveway or easement they may vote one time for each parcel owned.
(d) At that time votes will be counted and the highest voted suggestion shall be the private road name thereafter. In the event of a tie the DCD designee shall break the tie in the best interest of Mason County. The new private roadway will then be established. Parcels previously addressed will then be readdressed to the new private roadway. Parcels not previously addressed will be addressed to the roadway at the request of the parcel owner. Fees may apply for this procedure.
(Ord. 64-07 (part), 2007).
14.28.130 Enforcement.
(a) It shall be the duty of the owner of any parcel located in unincorporated Mason County to procure the correct address from the department of community development and to fasten the said mile point number so assigned as provided in Sections 14.28.040 and 14.28.100 of this chapter. Temporary signs may be posted during development but mile point number must be permanently affixed as described in Sections 14.28.040 and 14.28.100 prior to finalization of development permits. Driveway posting shall be within thirty days of assignment regardless of structural development.
(b) No building permit shall be issued until the parcel owner has procured from the department of community development the official address for the parcel and posted said address as provided in Sections 14.28.040 and 14.28.100 of this chapter. Any structure erected, repaired, altered, or modified after the effective date of this chapter is subject to Sections 14.28.040 and 14.28.100.
(c) Department of community development or its designee is hereby charged with the enforcement of this section. Department of community development shall upon application or request of the owner to any parcel, ascertain the correct address thereof in accordance with the addressing system as set forth in this chapter. Mason County may charge for addressing as set forth by the board of county commissioners.
(d) Whenever the irregularity of plats, the changing of direction of the public or private rights-of-way, the interruption of continuity of public rights-of-way or any other condition causes doubt of difference of opinion as to the correct address of any parcel or any building thereon, the address shall be determined by the department of community development or its designee.
(e) The specific provisions of this section as set forth shall guide the department of community development by the Mason County board of commissioners.
(f) Should Mason County be notified by the appropriate fire protection district or other concerned citizen in writing that any building, structure or premises does not have an address as herein required, or is not correctly addressed, or said address is not displayed as required herein, the owner, agent or lessee of said building, structure or premises shall be notified and required to place address of said property in accordance with this section within a reasonable period of time as outlined below.
(g) In the event that the owner or occupant or person in charge of any parcel, house, building, recreational property, commercial facility etc., refuses to comply with the terms of this section by failing to affix the number assigned within thirty days after notification, or by failing within said period of thirty days to remove any old numbers affixed to such building, entrance, driveway or elsewhere, which may be confused with the current number assigned thereto or refuse to make the necessary changes after readdressing or address change notification the occupant or owner shall be in violation of this section.
(h) It is unlawful for any person to alter, deface or take down any addresses placed on any property in accordance with this chapter, except for repair or replacement of such addresses.
Any violation of this section shall be subject to Chapter 15.13 of Mason County; Enforcement.
(Ord. 64-07 (part), 2007).
Chapter 14.30 Sections:
14.30.005 Authority, purpose and scope.
14.30.010 Definitions.
14.30.020 General installation requirements.
14.30.030 County standards for installation of recreational park trailers/park trailers.
14.30.040 Movement of recreational park trailers/park trailers.
14.30.050 Application for installation permit.
14.30.060 Permit fees for recreational park trailers/park trailer.
14.30.070 Installation permit issuance and duration.
14.30.080 Inspections of recreational park trailers/park trailers.
14.30.090 Penalties.
14.30.100 Enforcement.
14.30.110 Severability.
14.30.005 Authority, purpose and scope.
This chapter is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction installation, quality of materials, use and occupancy, and location on the parcel for all recreational park trailers and park trailers.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.010 Definitions.
"Insignia" means a label attached to each recreational park trailer/park trailer, indicating the unit meets Washington State Department of Labor and Industries rules and regulations and conforms to the American National Standards Institute Standard A119.2 for recreational vehicles and A119.5 for park trailers and Chapter 296-150P WAC for recreational park trailers.
"Installation permit" means authorization from the Mason County department of community development to locate a recreational park trailer/park trailer in Mason County. Commonly referred to as a building permit.
Park Trailer. See "recreational park trailer."
"Recreational park trailer" means a trailer type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use. It is built on a single chassis, mounted on wheels, having a gross trailer area not exceeding four hundred square feet in the set up mode measured to the outside of trim boards and is certified by the manufacturer as complying with ANSI A119.5.
Additional definitions are defined in Chapter 296-150P WAC.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.020 General installation requirements.
Installation of recreational park trailers/park trailers in Mason County shall be in a permanent manner, following the guidelines established in Washington Administrative Code (WAC) 296-150M, for manufactured homes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.030 County standards for installation of recreational park trailers/park trailers.
The establishment and use of a recreational park trailer/park trailer brought into Mason County or moved within Mason County for human habitation shall be permitted once the following conditions have met departmental approval:
(1) All recreational park trailers/park trailers shall be installed following the printed manufacturers installation instructions. A copy of these instructions shall be on site for review by the Mason County building inspector performing the inspections.
(2) If the manufacturer installation instructions are not available the owner may install the unit in accordance with installation instructions provided for in WAC 296-150M manufactured homes. These installation instructions must be on site for review by the building inspector.
(3) All recreational park trailers/park trailers shall be anchored to the ground. Reference ANSI A119.5 Chapter 3, Section 3-5.4.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.040 Movement of recreational park trailers/park trailers.
Any person, firm, company, or corporation, wanting to transport a recreational park trailer/park trailer measuring over eight and one-half feet in width must first obtain an over the road permit from the Mason County department of public works.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.050 Application for installation permit.
(a) No recreational park trailer/park trailer may be transported, erected, installed, located, or stored in Mason County until an installation permit has been obtained from the Mason County department of community development.
(b) No permit will be issued by the department of community development until all requirements, in effect at the time of application, of Mason County departments have been addressed.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.060 Permit fees for recreational park trailers/park trailer.
The permit fee for recreational park trailers/park trailers shall be in accordance with the adopted county building permit schedule for manufactured homes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.070 Installation permit issuance and duration.
(a) When all county, state, and federal laws, ordinances, codes, and regulations are satisfied, an installation (building) permit will be issued to the owner of the recreational park trailer/park trailer. The permit will indicate the owners name, the location for which the installation was approved, the contractor registration information, the installation (building) permit number, and the date the installation (building) permit was issued.
(b) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections in the 2006 IRC/IBC, Part I Administration and Section 14.08.040 shall apply.
(c) Each installation (building) permit shall be valid only for the location indicated on the permit.
(d) The owner or authorized agent of the recreational park trailer/park trailer shall be the only entity to whom an installation (building) permit will be issued.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.080 Inspections of recreational park trailers/park trailers.
All recreational park trailers/park trailers shall be subject to inspection by authorized Mason County employees in accordance with this chapter, and all other codes, ordinance and regulations in effect at the time of permitting. Required inspections shall include items as referenced in Section 14.20.080 for manufactured homes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.090 Penalties.
Any violation of this chapter shall be subject to Chapter 14.12 of the Mason County Code; Violation and Penalties and Chapter 15.13 of the Mason County Code; Enforcement.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.100 Enforcement.
The Mason County building department shall administer and enforce the provisions of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.30.110 Severability.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.32 Sections:
14.32.010 Purpose of provisions– Statutory authority.
14.32.020 Record of survey– Dimensions– Filing and fees.
14.32.030 Record of survey– Fees for copies.
14.32.035 Record of survey– Short plat fees.
14.32.040 Record of monument– Filing.
14.32.050 Record of monument– Copies.
14.32.060 Surveyor's certificate.
14.32.070 Time limitation for filing.
14.32.080 Noncompliance– Penalties.
14.32.090 Severability.
14.32.010 Purpose of provisions– Statutory authority.
The purpose of this chapter is to implement the Survey Recording Act (Chapter 50, Laws of 1973) and to assist in preserving evidence of land surveys by establishing fees for recording a public record as prescribed by the Act.
(Ord. 321 § 1, 1973).
14.32.020 Record of survey– Dimensions– Filing and fees.
The record of land surveys shall be eighteen inches by twenty-four inches and filed according to the following fee schedule:
(a) Basic fee, first page . . . . $25.00
(b) Each additional page . . . . 5.00
(c) Each additional owner's name . . . . 1.00
(Ord. 140-99 § A (part), 1999; Ord. 321 § 2, 1973).
14.32.030 Record of survey– Fees for copies.
Copies of the record of survey shall be provided on request according to the following fee schedule:
(a) Basic fee, first page . . . . $5.00
(b) Each additional page . . . . 2.00
(Ord. 140-99 § A (part), 1999; Ord. 52-84, 1984: Ord. 321 § 3, 1973).
14.32.035 Record of survey– Short plat fees.
The following fees apply to the recording of surveys for short plats:
(a) Basic fee, first page . . . . $25.00
(b) Each additional page . . . . 5.00
(Ord. 140-99 § B, 1999).
14.32.040 Record of monument– Filing.
The record of monument shall be filed without charge on the standard form prescribed by the Department of Natural Resources, Bureau of Surveys and Maps.
(Ord. 321 § 4, 1973).
14.32.050 Record of monument– Copies.
Copies of the record of monument shall be provided on request according to the following fee schedule:
(a) Basic fee . . . . $2.00
(Ord. 321 § 5, 1973).
14.32.060 Surveyor's certificate.
Certificates shall appear on the record of survey map as follows:
SURVEYOR'S CERTIFICATE
This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of ________ in ________, 19________.
Name of Person
(Signed and Sealed)____
Certificate No.____
AUDITOR'S CERTIFICATE
Filed for record this ________ day of ________ 19 ________ at ________. M. in book ________ of ________ at page ________ at the request of ________.
County Auditor
(Ord. 321 § 6, 1973).
14.32.070 Time limitation for filing.
It shall be mandatory, within ninety days after the establishment, reestablishment or restoration of a corner on the boundary of two or more ownerships or general land office corner by survey, that a land surveyor shall file with the county auditor in the county or counties wherein the lands surveyed are situated a record of such survey, in such form as to meet with the requirements of the Act; and, when a licensed land surveyor, while conducting work of a preliminary nature or other activity that does not constitute a survey required by law to be recorded, replaces or restores an existing or obliterated general land office corner, it is mandatory that, within ninety days thereafter, he shall file with the county auditor in the county in which the corner is located a record of the monuments and accessories found or placed at the corner location, in such form as to meet the requirements of the Act.
(Ord. 321 § 7, 1973).
14.32.080 Noncompliance– Penalties.
Noncompliance with any provision of this Act, as it now exists or may hereafter be amended, shall constitute grounds for revocation of a land surveyor's authorization to practice the profession of land surveying and as further set forth under RCW 18.43.105 and 18.43.110.
(Ord. 321 § 8, 1973).
14.32.090 Severability.
If any provision of this Act, or its application to any person or circumstance is held invalid, the remainder of the Act, or the application of the provision to other persons or circumstances is not affected.
(Ord. 321 § 9, 1973).
Chapter 14.40 Sections:
14.40.005 Authority, purpose and scope.
14.40.010 Definitions.
14.40.020 Installation requirements.
14.40.030 Movement of factory built housing, commercial coaches and commercial structures.
14.40.040 Application for installation permit.
14.40.050 Permit fees for factory built housing, commercial coach and commercial structure.
14.40.060 Installation permit issuance and duration.
14.40.070 Inspection.
14.40.080 Penalties.
14.40.090 Enforcement.
14.40.100 Severability.
14.40.005 Authority, purpose and scope.
This chapter is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, use and occupancy, location and maintenance of all factory built housing, commercial structures and commercial coaches.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.010 Definitions.
"Commercial coach" means a structure (referred to as a unit) that can be transported in one or more sections; is used for temporary commercial purposes; is built on a permanent chassis; conforms to the construction standards of Chapter 296-150C WAC; may include plumbing, mechanical, electrical and other systems.
"Commercial structure" is a structure designed or used for human habitation (such as a dormitory) or human occupancy for industrial, educational, assembly, professional, or commercial purpose. WAC 296-150F-0030.
"Factory built housing" means housing designed for human occupancy such as a single-family dwelling. The structure of any room is entirely or substantially prefabricated or assembled at a place other than a building site. It may also include a component. A factory built house is also referred as a "modular" structure. Factory built housing does not include manufactured and mobile housing.
"Insignia" means a label attached to the structure by the Department of Labor and Industries to verify the requirements of Chapter 296-150F WAC for factory built housing and commercial structures. It could also be a stamp or label attached to a component to verify that it meets the requirements of Chapter 296-150F WAC. Proof of Department of Labor and Industries insignia shall be required for all new and used factory built housing and commercial structures. Commercial coach insignia information can be obtain in WAC 296-150C.
"Installation permit" means authorization from the Mason County department of community development, the Mason County department of public works and Mason County fire marshal to locate a factory built house, commercial coach or commercial structure in Mason County. Commonly referred to as a building permit.
Additional terms are defined in Chapter 296-150F WAC and Chapter 296-150C WAC and by reference these chapters shall be included as part of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.020 Installation requirements.
Factory built housing units, commercial coaches and commercial structures shall be installed in accordance with all applicable building codes, and Mason County construction codes in effect at the time of permit issuance.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.030 Movement of factory built housing, commercial coaches and commercial structures.
Any person, firm, company, or corporation wanting to transport a factory built housing unit, commercial coach or commercial structure on Mason County roadways must first obtain an over the road permit from the Mason County department of public works.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.040 Application for installation permit.
(a) No factory built housing, commercial coach or commercial structure may be transported, erected, installed, located, or stored in Mason County until an installation permit, has been obtained from the Mason County department of community development.
(b) No permit will be issued by the Mason County department of community development until all requirements, in effect at the time of application, have been met.
(c) Construction drawings shall be prepared and sealed by an architect or engineer licensed in the state of Washington. Photo copies of plans approved by the Washington State Department of Labor and Industries are acceptable for submittal purposes.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.050 Permit fees for factory built housing, commercial coach and commercial structure.
The permit fee for factory built housing, commercial coach and commercial structure shall be in accordance with the current adopted fee schedule.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.060 Installation permit issuance and duration.
(a) When all county, state, and federal laws, ordinances, codes, and regulations are satisfied, an installation (building) permit will be issued to the owner or authorized agent of the factory built housing, commercial structure or commercial coach. The permit will indicate the owners name, the location of for which the installation was approved, the installation (building) permit number, the contractor registration number and the date the installation (building) permit was issued.
(b) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections in the 2006 IRC/IBC, Part I Administration and Section 14.08.040 shall apply.
(c) Each installation (building) permit shall be valid only for the location indicated on the permit.
(d) The owner or authorized agent of the owner of the factory built housing, commercial coach or commercial structure will be the only entity to whom an installation (building) permit will be issued.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.070 Inspection.
All factory built housing, commercial coach units and commercial structures for which an installation (building) permit has been issued, shall be subject to inspection by authorized Mason County employees in accordance with this chapter, all applicable adopted codes and ordinance regulations at the time of permit issuance.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.080 Penalties.
Any violation of this chapter shall be subject to Chapter 14.12 of the Mason County Code; Violation and Penalties and Chapter 15.13 of the Mason County Code; Enforcement.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.090 Enforcement.
The Mason County building department shall administer and enforce the provision of this chapter.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
14.40.100 Severability.
If any provisions of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 64-07 (part), 2007: Ord. 59-04 (part), 2004: Ord. 45-99 (part), 1999).
Chapter 14.44 Sections:
14.44.010 Purpose.
14.44.020 Scope.
14.44.030 Definitions.
14.44.040 Hazards to be eliminated.
14.44.050 Permits– Required when.
14.44.060 Grading permit– Requirements generally.
14.44.070 Grading permit– Application and review process.
14.44.080 Grading designation.
14.44.090 Engineered grading requirements.
14.44.100 Soils engineering report.
14.44.110 Engineering geology report.
14.44.120 Regular grading requirements.
14.44.140 Permit issuance.
14.44.150 Grading permit fees.
14.44.160 Bonds.
14.44.170 Cuts.
14.44.180 Fills.
14.44.190 Setbacks.
14.44.200 Drainage and terracing.
14.44.210 Erosion control.
14.44.220 Grading inspection.
14.44.230 Completion of work.
14.44.240 Enforcement and penalties.
14.44.010 Purpose.
The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property within Mason County.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.020 Scope.
This code sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; provides for approval of plans and inspection of grading construction; and provides coordination of the efforts of the department of community development, building department and department of public works in permitting development in the county.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.030 Definitions.
For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section.
"Approval" means the proposed work or completed work conforms to this chapter in the opinion of the official.
"As-graded" means the extent of surface conditions on completion of grading.
"Bedrock" means in-place solid rock.
"Bench" means relatively level step excavated into earth or rock material as part of the placement of stable fill.
"Borrow" means earth material acquired from another location for use in grading on a site.
"Civil engineer" means a professional engineer registered in the state of Washington to practice in the field of civil engineering.
"Civil engineering" means the application of knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
"Compaction" means the densification of a fill by mechanical means.
"Critical areas" means areas where unstable soils, steep slopes, streams, wetlands, ponds, freshwater and saltwater shorelines, and floodplains are present.
"Earth material" means any rock, natural soil or fill or any combination thereof.
"Engineering geologist" means a geologist experienced in engineering geology in the state of Washington.
"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice.
"Excavation" means the mechanical removal of earth material.
"Existing grade" means the grade prior to grading.
"Fill" means a deposit of earth material placed by artificial means.
"Finish grade" means the final grade of the site which conforms to the approved plan.
Geotechnical Engineer. See "Soils engineer."
"Grade" means the vertical location of the ground surface.
"Grading" means any excavating or filling or combination thereof.
"Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
"Official" means the director of the Mason County department of community development or his qualified representative, or agent.
"Professional inspection" means the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.
"Rough grade" means the stage at which the grade approximately conforms to the approved plan.
"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
"Soil" means naturally occurring superficial deposits overlying bedrock.
"Soils engineer (geotechnical engineer)" means a civil engineer experienced in the practice of soils engineering (geotechnical engineering) in the state of Washington.
"Soils engineering (geotechnical engineering)" means the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.
"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.040 Hazards to be eliminated.
Whenever the official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.050 Permits– Required when.
(a) Permits Required. Except as specified in subsection (b) of this section, no person shall do any grading without first having obtained a grading permit from the official. A grading permit shall be required for a project involving excavation or fill that totals two hundred or more cubic yards of graded material and is not exempted below. Grading activities not requiring a grading permit shall comply with the standards listed in Sections 14.44.170 through 14.44.210.
(b) Exempted Work. A grading permit is not required for the following:
(1) When approved by the official, grading in an isolated, self-contained area if there is no danger or hazard to adjacent private/public property or other improvements;
(2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
(3) An excavation which: (a) is less than two feet in depth, or (b) which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;
(4) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed two hundred cubic yards on any one lot and does not obstruct a drainage course;
(5) Cemetery graves;
(6) Refuse disposal sites controlled by other regulations;
(7) Excavations for wells or tunnels or utilities;
(8) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
(9) Exploratory excavations under the direction of a soil engineer or engineering geologist;
(10) Grading on public rights-of-way done by or under the supervision or construction control of a public agency that assumes full responsibility for the work;
(11) Grading necessary for agricultural operations, unless it causes hazards to property or public road, or obstructs a watercourse or drainage;
(12) Maintenance of existing fire breaks and roads;
(13) Performance of emergency work necessary to protect life and property when urgent necessity arises. The official shall be notified promptly and the person performing the work shall apply for a permit within ten calendar days.
(14) Grading associated with a logging operation under a current forest practice permit.
Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any other work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of Mason County.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.060 Grading permit– Requirements generally.
(a) Except as exempted in Section 14.44.050, no person shall do any grading without first obtaining a grading permit from the official. A separate permit shall be obtained for each site, and may cover both excavations and fills.
(b) Application. The Mason County grading permit shall be used as part of the information submitted on a proposed grading project and included on this form shall be the estimated quantities of work involved and other required information.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.070 Grading permit– Application and review process.
The following forms must be submitted to the official at the time of application:
(1) Grading permit application completed and signed by the property owner or agent;
(2) Grading plan, if applicable to the project, showing the required information as stated in Sections 14.44.090, 14.44.100 and 14.44.110 or 14.44.120. If a proposed site involves five thousand cubic yards or more of grading or is located in or adjacent to a landslide hazard critical area in Mason County, a grading plan must be prepared and stamped by a civil engineer; other geotechnical investigations, soil engineering report or engineering geotechnical report, and erosion control plan may be required based upon the evaluation of the proposal by the official;
(3) Environmental checklist shall be submitted when: (a) more than five hundred cubic yards of excavation and/or fill is involved, or (b) there is a portion of shoreline or critical area on the property to be graded.
(A) If an environmental checklist is not required, the official shall forward the application and materials to public works who shall review the submitted application and plans.
(B) If an environmental checklist is required, the applicant shall also submit this form to the official, and the department of community development shall complete the State Environmental Policy Act (SEPA) review, including referral to other agencies.
(4) After the grading permit application review and site inspection, the official will determine the permit conditions (including those from public works and the amount of plan review and grading permit fees. The grading permit can then be issued.
(5) Other Permit Responsibilities of the Applicant.
(A) Permission of Other Agencies and Owners. The applicant shall be responsible for written verification of easement or grading authorization on property not owned by permittee.
(B) Location of Property Lines. Applicant shall be responsible for having property lines located or resolving disputes with property lines, easement or title.
(6) Permit Review.
(A) A project involving excavation and fill must comply with the locational and operational standards set forth in the Mason County Comprehensive Plan, Subdivision Ordinance, Shoreline Master Program, Building Code, and other applicable Mason County plans and ordinance in effect.
(B) When a proposal requires SEPA environmental review or is part of a shoreline substantial development permit, conditional permit or variance, no grading permit shall be issued until the review process and/or other permit approval has been completed.
(C) The elements of the permit shall be limited to the work on an approved grading plan.
(D) Conditions may be added to the permit which are necessary for public safety and welfare, avoidance of hazards and nuisances, and protection of critical areas. These conditions shall be within the scope of the project proposed.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.080 Grading designation.
Grading in excess of five thousand cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than five thousand cubic yards shall be designated "regular grading" unless the official requires the grading to be performed as engineered grading.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.090 Engineered grading requirements.
Application for a permit for engineered grading shall be accompanied by four sets of plans and specifications, which contain information covering construction and material requirements and are prepared and signed by a civil engineer when required by the official. Supporting data for the proposal, as required by the official, may consist of a soils engineering report and engineering geology report.
Plans shall be drawn to scale upon substantial paper or material and shall be of sufficient clarity to indicate nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give location of the work, the names and address of the owner and the person of whom they were prepared.
The plans shall include the following information:
(1) General vicinity of the proposed site;
(2) Property limits and accurate contours of existing ground and details of terrain and area drainage;
(3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;
(4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains;
(5) Erosion control measures to adequately prevent impacts to adjoining properties or bodies of water;
(6) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be affected by the proposed grading operations;
(7) Construction time schedule;
(8) Type of site vegetation;
(9) Known/suspected soil or geologic hazards;
(10) Cross-sections of existing and graded areas, showing contour intervals at five-foot vertical elevations, especially at the maximum cut and fill.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.100 Soils engineering report.
The soils engineering report required by Section 14.44.090 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. Recommendations included in the report and approved by the official shall be incorporated in the grading plans or specifications.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.110 Engineering geology report.
The engineering geology report required by Section 14.44.090 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions and hazards (such as, earthquake, subsidence, or liquefaction) on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. Recommendations included in the report and approved by the official shall be incorporated in the grading plans or specifications.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.120 Regular grading requirements.
Each application for a permit for regular grading shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:
(1) General vicinity of the proposed activity;
(2) Limiting dimensions and depth of cut and fill;
(3) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures of adjacent land owners which are within fifteen feet of the property or which may be affected by the proposed grading operation;
(4) The amount of materials involved and the location of the borrow sites for fill and the stockpile sites for excavation;
(5) Erosion control measures to adequately prevent impacts to adjoining properties or bodies of water;
(6) Critical areas present on the property and distances of these features from the grading activities. Such activities in critical areas shall comply with the requirements established in the Mason County resource ordinance; the proposal may require a geologic assessment or geologic report.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.140 Permit issuance.
(a) The official may approve or approve with modifications a grading permit application submitted under this chapter. A permit issued will include applicable conditions established during the review of the permit application.
(b) The official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
(c) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the 2006 IRC/IBC, Part I Administration and Section 14.08.040 shall apply.
(d) Following the adoption of this chapter, Mason County departments shall not accept, process or approve any application for subdivision or any other development permit for property on which a documented violation of this chapter has occurred, until the violation is resolved by restoration or erosion control and/or payment of penalties imposed for the violation.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.150 Grading permit fees.
(a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the Mason County board of commissioners.
(b) Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the adopted fee schedule. Separate plan review fees shall apply to retaining walls or major drainage structures as required in Uniform Building Code Section 3315. For excavation and fill on the same site, the fee shall be based on the volume of excavation and fill material combined as defined as "grading" by this chapter.
(c) Grading Permit Fees. A fee for each grading permit shall be paid to the official as set forth in the adopted fee schedule. Separate permits and fees shall apply to retaining walls or major drainage structures. There shall be no separate charge for standard terrace drains and similar facilities.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.160 Bonds.
The official shall require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
In lieu of a surety bond, the applicant may file a cash bond or instrument of credit acceptable to the official in an amount equal to that which would be required in the surety bond.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.170 Cuts.
(a) General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.
In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.
(b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two horizontal to one vertical unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.180 Fills.
(a) General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.
(b) Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 2:1. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials; by scarifying to provide a bond with the new fill; and, where slopes are steeper than 5:1 and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 5:1 shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or provided with a sub-drain. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide, but the cut shall be made before placing the fill and accepted by the soils engineer or engineering geologist, or both, as a suitable foundation for fill.
(c) Fill Material. Organic material shall not be permitted in fills. Except as permitted by the official, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.
Exception: The official may permit placement of larger rock when the soils engineer properly devises a method of placement and approves the fill stability. The following conditions shall also apply:
(1) Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
(2) Rock sizes greater than twelve inches in maximum dimension shall be ten feet or more below grade, measured vertically.
(3) Rocks shall be placed so as to assure filling of all voids with well-graded soil.
(d) Compaction. All fills shall be compacted minimum of ninety percent of maximum density as determined by U.B.C. Standard No. 70-1. In-place density shall be determined in accordance with U.B.C. Standard No. 70-2, 70-3, 70-4 or 70-5.
(e) The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.190 Setbacks.
(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No. A-33-1 of the 1997 Uniform Building Code.
(b) Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains. The top of the cut slope shall be finished as a rounded or bald head slope.
(c) Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two feet and a maximum of twenty feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:
(1) Additional setbacks;
(2) Provision for retaining or slough walls;
(3) Mechanical or chemical treatment of the fill slope surface to minimize erosion;
(4) Provisions for the control of surface waters.
(d) Modification of Slope Location. The official may approve alternate setbacks. The official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.200 Drainage and terracing.
(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than three horizontal to one vertical.
(b) Terrace. Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals on all cut or fill slopes to control surface drainage and debris; except when only one terrace is required, it shall be at midheight. For cut or fill slopes greater than sixty feet and up to one hundred twenty feet in vertical height, one terrace at approximately midheight shall be twelve feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty feet in height shall be designed by the civil engineer and approved by the official. Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a (minimum) gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or with an approved equal surface material. They shall have a minimum depth at the deepest point of one foot and a minimum surface width of five feet.
A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred square feet (projected) without discharging into a down drain. An analysis by a licensed engineer may be required to determine pipe or swale size, as determined by the official.
(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
(d) Disposal. In compliance with the Mason County practices regarding stormwater management, all drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices.
Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the official.
Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area:
(1) No proposed fills are greater than ten feet in maximum depth.
(2) No proposed finish cut or fill slope faces have a vertical height in excess of ten feet.
(3) No existing slope faces, which have a slope face steeper than ten horizontal to one vertical, have a vertical height in excess of ten feet.
(e) Interceptor Drains. Interceptor drains with grass or rock riprap may be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than forty feet measured horizontally. They shall have a minimum depth of twelve inches and a minimum width of thirty inches measured horizontally across the drain. The design of the drain shall be approved by the official.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.210 Erosion control.
(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted.
(b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.220 Grading inspection.
(a) General. Grading operations for which a permit is required shall be subject to inspection by the official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, engineering geologist or testing laboratory retained to provide such services in accordance with subsection (e) of this section for engineered grading and as required by the official for regular grading.
(b) Civil Engineer. The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.
(c) Soils Engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the official and the civil engineer.
(d) Engineering Geologist. The engineering geologist shall provide professional inspection within such engineering geologist's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations are relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
(e) Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The permittee shall engage consultants, if required, to provide professional inspections on a timely basis and shall act as a coordinator between the consultants, the contractor and the official. In the event of changed conditions, the permittee shall be responsible for informing the official of such change and shall provide revised plans for approval.
(f) Official. The official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.
(g) Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the official.
(i) Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the official in writing of such change prior to the recommencement of such grading.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.230 Completion of work.
(a) Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable:
(1) An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 14.44.220(b) showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. The civil engineer shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan and their recommendations;
(2) A report prepared by the soils engineer retained to provide such services in accordance with Section 14.44.220(c), including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter;
(3) A report prepared by the engineering geologist retained to provide such services in accordance with Section 14.44.220(d), including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.
(b) Notification of Completion. The permittee shall notify the official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
14.44.240 Enforcement and penalties.
(a) Enforcement. The official is charged with enforcement of the provisions of this chapter. It is unlawful for any person to grade, fill, excavate or cause the same to be done in violation of any of the provisions of this chapter.
(b) General Penalties. Any violation of this chapter shall be subject to Chapter 14.12 of the Mason County Code; Violation and Penalties and Chapter 15.13 of the Mason County Code; Enforcement.
(Ord. 64-07 (part), 2007: Res. 141-96 (part), 1996).
Chapter 14.46 Sections:
14.46.010 Purpose.
14.46.020 Boundaries.
14.46.030 Utility responsibilities.
14.46.031 Organization of the utility.
General Provisions
Administration
Provisions for Flood Hazard Reduction
FLOOD AND SLIDE CONTROL
MOBILE HOMES
ADDRESSING SYSTEM*
PARK TRAILER/RECREATIONAL PARK TRAILER INSTALLATIONS FOR PARK TRAILERS/RECREATIONAL PARK TRAILERS
SURVEY RECORDING ACT
FACTORY-BUILT HOUSING, COMMERCIAL COACHES AND COMMERCIAL STRUCTURES
EXCAVATION AND GRADING
STORM AND SURFACE WATER UTILITY
| Belfair and Allyn UGA | 2008 |
| Defined Marine Recovery Areas | 2009 |
| Defined Shellfish Protection Areas | 2010 |
| Defined Rural Activities Centers and Limited Areas of More Intense Rural Development (LAMIRD) | 2011 |
| County wide** | 2012* |
* Based on development impacts and water quality
** Designated forest lands will not be included in any utility boundary
(1) Within the Belfair and Allyn urban growth area as defined on Map No. 1, applicable sections of Chapter 14.48 of this regulation will govern the development of land. This will include provisions of the 2005 Department of Ecology Drainage Manual or any version that might be developed in the future. This will include the use of low impact development techniques.
(2) Outside the Belfair and Allyn urban growth area as defined on Map No. 1, applicable sections of Chapter 14.48 will govern the development of land until they might be added to the boundaries of the utility. When new utility territory is added subsection (1) of this section.
(3) Regardless of location, any land employing the master plan development process will be required to meet the requirements of subsection (1) of this section and the required sections of Chapter 14.48.
(Ord. 80-08 Attach. A (part), 2008).
14.46.030 Utility responsibilities.
The utility will have three basic responsibilities:
(1) Flooding management;
(2) Water quality improvement;
(3) Protecting aquatic habitat.
(Ord. 80-08 Attach. A (part), 2008).
14.46.031 Organization of the utility.
The utility will be organized to perform the following functions:
| Responsible Department | |
| Environmental planning and policy development | Utilities and waste management and environmental health |
| Capital facilities planning | Public works |
| Operations and maintenance | Utilities and waste management |
| Code enforcement and technical assistance | Community development and public works |
| Development review | Community development and public works |
| Monitoring, research and evaluation | Utilities and water management and environment health |
| Program management and administration | Utilities and waste management |
| Public involvement and education | Utilities and waste management, Mason conservation district and WSU extension |
(Ord. 80-08 Attach. A (part), 2008).
14.46.040 Financial management.
There are no annual stormwater fees associated with the creation of the utility at this time. Assessments or fees may become necessary to support the utility and its functions. Any fee system may be based on impervious surfaces, including all hard surfaces on a property including roof areas. Designated forest, agricultural lands, and open space lands will be exempt from payment of any assessment or fees. Properties greater than twenty acres in size with structures and impervious surfaces will pay a reduced rate. Such rate will be fifty percent of the established rate.
Public and private roads constructed of impervious surfacing materials or portion thereof so constructed may be required to pay a fee not to exceed one hundred thousand dollars per year based on maintenance and monitoring needs for retrofit projects. A priority list of projects will be developed before any fee or assessment is collected. These projects can be ones that prevent flooding or manage water quality or preserve aquatic habitat. The first choice for control of any kind should be natural over man-made or built structures.
(Ord. 80-08 Attach. A (part), 2008).
Chapter 14.48 Sections:
Article I. Findings of Fact, Need and Purpose
14.48.010 Findings of fact.
14.48.020 Need.
14.48.030 Purpose.
Article II. Definitions
14.48.040 Definitions.
Article III. Stormwater Utility
14.48.050 2005 Stormwater Management Manual for Western Washington adopted.
Article IV. General Provisions
14.48.060 Abrogation and greater restrictions.
14.48.070 Interpretation.
Article V. Applicability
14.48.080 Applicability.
Article VI. Regulated Activities and Allowed Activities
14.48.090 Regulated activities.
14.48.100 Exemptions.
Article VII. General Requirements
14.48.110 1992 Stormwater Management Manual for the Puget Sound Basin adopted.
14.48.120 Stormwater best management practices (BMPs).
14.48.130 Illicit discharges.
Article VIII. Approval Standards
14.48.140 Small parcel minimum requirements.
14.48.150 New development and redevelopment– Minimum requirements.
Article IX. Administration
14.48.160 Director.
14.48.170 Review and approval.
14.48.180 Enforcement authority.
14.48.190 Inspection.
Article X. Enforcement
14.48.200 General.
14.48.210 Stop work order.
14.48.220 Civil penalty.
14.48.230 Penalties due.
14.48.240 Penalty recovered.
Article XI. Exceptions
14.48.250 Right of appeal.
14.48.260 Findings of fact.
14.48.270 Prior approval.
14.48.280 Duration of exception.
14.48.290 Board of appeals. * Prior ordinance history: Ords. 141-97 and 114-06.
Article I. 14.48.010 Findings of fact.
The board of Mason County commissioners of Mason County finds that:
(1) This chapter is divided into two parts. The first part defines requirements within the area covered by the storm and surface water utility. Development actions in these areas will be governed by the 2005 Edition of the Department of Ecology's Stormwater Manual. The Belfair and Allyn UGA's are included in the storm and surface water utility, which was created on June 17, 2008. Other areas of the county may be added as described in Chapter 14.46, to the storm and surface water utility. The second part of the ordinance will regulate development in areas outside the storm and surface water utility including any areas added in the future. Areas outside of the storm and surface water utility are governed by provisions of the 1992 Department of Ecology Stormwater Manual.
(2) The 1994 Puget Sound Water Quality Management Plan (as amended) requires all counties and cities within the Puget Sound drainage basin to adopt ordinances to control runoff from new development and redevelopment by January 1, 1995. The plan also directs local governments to adopt stormwater programs, which include minimum requirements for new development and redevelopment set by the plan and in guidance developed by Ecology.
(3) Stormwater is a problem associated with land utilization and development and common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, animal wastes and numerous others.
Land utilization and development is also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream.
Sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain.
Stormwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use of the waters within Mason County.
(4) An expanding population and increased development of land have led to:
(A) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds;
(B) Drainage and storm and surface water runoff problems within Mason County; and
(C) Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.
(5) Continuation of present stormwater practices, to the extent that they exist, will lead to water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the county.
(6) In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls.
(7) Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).
(8) Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.
(Ord. 81-08 (part), 2008).
14.48.020 Need.
The county finds that this chapter is necessary in order to:
(1) Satisfy the mandate of Ecology as identified in this section;
(2) Minimize or eliminate water quality degradation;
(3) Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies;
(4) Protect property owners adjacent to existing and developing lands from the undesirable impacts of increased runoff rates;
(5) Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses;
(6) Preserve and enhance the aesthetic quality of the water;
(7) Promote sound development policies, which respect and preserve county surface water and sediment;
(8) Ensure the safety of county roads and rights-of-way;
(9) Decrease stormwater-related damage to public and private property from existing and future runoff;
(10) To protect the health, safety and welfare of the inhabitants of the county.
(Ord. 81-08 (part), 2008).
14.48.030 Purpose.
The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within Mason County. The provisions of this chapter establish the minimum level of compliance, which must be met to permit a property to be developed or redeveloped within Mason County.
It is the purpose of this chapter to:
(1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;
(2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;
(3) Maintain and protect groundwater resources;
(4) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;
(5) Decrease potential landslide, flood and erosion damage to public and private property;
(6) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions;
(7) Maintain and protect the county stormwater infrastructure and those downstream;
(8) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts; and
(9) Provide guidance on development and construction procedures, which will encourage the preservation of existing natural vegetation to the maximum extent practicable.
(Ord. 81-08 (part), 2008).
Article II. 14.48.040 Definitions.
For definitions, see Appendix A attached at the end of this chapter.
(Ord. 81-08 (part), 2008).
Article III. 14.48.050 Stormwater Management Manual for Western Washington adopted.
The minimum requirements of the 2005 Edition of Ecology's Stormwater Management Manual for Western Washington are adopted by reference for the Allyn and Belfair urban growth areas (UGA's) and other areas as defined or added pursuant to Chapter 14.46. As the boundaries of the Mason County stormwater utility are amended to include additional area, the minimum requirements of the 2005 manual shall apply to those additional areas. For information about the utility boundaries, responsibilities, and financial management see Chapter 14.46.
In addition to the minimum requirements of the 2005 manual, for new development and redevelopment, no additional stormwater runoff shall be allowed from the property due to added impervious surfaces or disturbed land. The stormwater runoff from new impervious surfaces or disturbed land shall be treated and prevented from flowing off the property being developed.
(Ord. 81-08 (part), 2008).
Article IV. 14.48.060 Abrogation and greater restrictions.
It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(Ord. 81-08 (part), 2008).
14.48.070 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
(Ord. 81-08 (part), 2008).
Article V. 14.48.080 Applicability.
Regulated activities shall be conducted only after Mason County public works approves a stormwater site plan, which includes one or more of the following as required by this chapter:
(1) Small parcel erosion and sediment control (ESC) plan;
(2) Residential site improvement plan accompanied by a written description of the proposed work and improvements;
(3) Large parcel erosion and sediment control (ESC) plan;
(4) Permanent stormwater quality control (PSQC) plan accompanied by a written description of the proposed work and improvements.
Note: Small activities creating less than two thousand square feet of new imperviousness will be required to submit item "1." Residential site development creating more than two thousand square feet of new impervious surfaces will be required to submit items "1 and 2." Nonresidential activities creating more than five thousand square feet of new imperviousness will be required to submit items "3 and 4," prepared by a licensed civil engineer. Residential or nonresidential site development that disturbs an acre or more of land will be required to submit items "3 and 4" prepared by a licensed civil engineer.
(Ord. 81-08 (part), 2008).
Article VI. 14.48.090 Regulated activities.
Consistent with the minimum requirements contained in this chapter, the director or their designee shall approve, conditionally approve, or disapprove the following activities, unless exempted in Section 14.48.100 below:
(1) New Development.
(A) Land disturbing activities;
(B) Structural development, including construction; installation or expansion of a building or other structure;
(C) Creation of impervious surfaces;
(D) Class IV general forest practices that are conversions from timberland to other uses;
(E) Subdivision, short subdivision and binding site plans, as defined in Ch. 58.17.020 RCW.
(2) Redevelopment.
(A) On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.
(Ord. 81-08 (part), 2008).
14.48.100 Exemptions.
Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of this chapter.
Development undertaken by the Washington State Department of Transportation in state highway right-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the minimum requirements of this chapter.
(Ord. 81-08 (part), 2008).
Article VII. 14.48.110 1992 Stormwater Management Manual for the Puget Sound Basin adopted.
The 1992 Edition of Ecology's Stormwater Management Manual for the Puget Sound Basin with the exception of the Minimum Requirements Chapter, Volume I, Chapter 2, is adopted by reference to all areas of the county except those noted in Article III. The use of other manuals or methods shall be pre-approved by the director or their designee.
(Ord. 81-08 (part), 2008).
14.48.120 Stormwater best management practices (BMPs).
(a) General. BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. BMPs are in the 1992 manual.
(b) Farm Plan BMPs. For new development that will include "hobby farm" elements such as pastures, corrals, etc., farm plan BMPs are recommended (not required) for incorporation into the site design. Contact Mason County's public works department or the Mason conservation district for further farm plan guidance.
(c) Experimental BMPs. In those instances where appropriate BMPs are not in the 1992 manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the 1992 manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outline in the 1992 manual.
(Ord. 81-08 (part), 2008).
14.48.130 Illicit discharges.
Illicit discharges to stormwater drainage systems are prohibited.
(Ord. 81-08 (part), 2008).
Article VIII. 14.48.140 Small parcel minimum requirements.
The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with small parcel requirements 1 through 4, to prepare a small parcel erosion and sediment control plan, and may need to prepare a small parcel drainage plan/sketch (Mason County's public works department can provide additional instructions, guidance, and examples if a small parcel drainage plan is deemed necessary): (a) creation or addition of less than two thousand square feet of impervious surface area; (b) land disturbing activities of less than one acre.
(1) Small Parcel Requirement #1 Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads.
Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
(2) Small Parcel Requirement #2 Stabilization of Potentially Erodible Denuded Areas. Soil stabilization. All exposed and unworked soils with erosion potential shall be stabilized by suitable application of BMPs, including but not limited to sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with an approved manual. From October 1 through April 30, no soils shall remain exposed for more than two days. From May 1 through September 30, no soils shall remain exposed for more than seven days.
(3) Small Parcel Requirement #3 Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(4) Small Parcel Requirement #4 Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained by the owner or authorized agent to ensure continued performance of their intended function.
(5) Small Parcel Requirement #5 Other BMPs. As required by the director, other appropriate BMPs to mitigate the effects of increased runoff shall be applied.
(Ord. 81-08 (part), 2008).
14.48.150 New development and redevelopment– Minimum requirements.
Development of individual, detached, single-family residences and duplexes exceeding two thousand square feet of impermeable surfacing must have a small parcel erosion and sediment control plan, and a residential site improvement plan (which includes a written description of the proposed work and development) prepared and submitted for county review and approval.
Nonresidential development exceeding five thousand square feet of impermeable surfacing and/or land disturbing activities of one acre or more must have the large parcel ESC plan (if required) and the permanent stormwater quality control (PSQC) plan (if required) prepared and stamped by a licensed civil engineer.
(1) New Development.
(A) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements #1 through #11 in subsections (3) through (13) of this section.
Compliance shall be demonstrated through the implementation of an approved stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate.
(B) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements #2 through #11 in subsections (4) through (13) of this section and the small parcel minimum requirements found in Section 14.48.140 above. This category of development shall also prepare a stormwater site plan that includes a small parcel erosion and sediment control plan.
Compliance shall be demonstrated through the implementation of an approved stormwater site plan that includes a small parcel erosion and sediment control plan and a PSQC plan.
(C) All new residential development and redevelopment (individual, detached, single family residences and duplexes) that includes the creation or addition of two thousand square feet, or greater of new impervious surface area, shall prepare a small parcel erosion and sediment control plan which complies with minimum requirements #1 through #5 in Sections 14.48.140(1) through 14.48.140(5), and shall prepare a residential site improvement plan which includes a written description of the proposed work and development. The small parcel erosion and sediment control plan along with the residential site improvement plan should show and describe how development impacts are proposed to be mitigated.
Compliance shall be demonstrated through the implementation of approved erosion and sediment control plan, and a residential site improvement plan.
(2) Redevelopment.
(A) Where nonresidential redevelopment of greater than or equal to five thousand square feet occurs:
The new development minimum requirements #1 through #11, subsections (3) through (13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. A stormwater site plan shall be prepared.
(B) In addition to the above requirements, where one or more of the following conditions apply, a stormwater site plan shall also be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (minimum requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin.
(i) Existing sites greater than one acre in size with fifty percent or more impervious surface.
(ii) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to water bodies:
a. Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;
b. Listed under Section 303(d) of the Clean Water Act as not expected to meet water quality standards or water quality goals;
c. Listed in Washington State's Non-point Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control non-point sources of pollution cannot reasonably be expected to attain or maintain water quality standards.
(iii) Sites where the need for additional stormwater control measures has been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act planning.
(3) Minimum Requirement #1: Erosion and Sediment Control. All new development and redevelopment that includes land disturbing activities of one acre or greater shall comply with erosion and sediment control requirements 1 through 14, below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of a large parcel erosion and sediment control plan.
All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in Section 14.48.130, above. Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan.
The following erosion and sediment control requirements shall be met:
(A) Erosion and Sediment Control Requirement #1: Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no exposed and unworked soils shall remain unstabilized for more than two days. From May 1 to September 30, no exposed and unworked soils shall remain unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.
(B) Erosion and Sediment Control Requirement #2: Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses.
(C) Erosion and Sediment Control Requirement #3: Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from damage by sediment deposition.
(D) Erosion and Sediment Control Requirement #4: Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement #1.
(E) Erosion and Sediment Control Requirement #5: Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement #1.
Supplemental Guidelines: Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, ground water conditions, and other applicable factors. Slopes which are found to be eroding excessively within two years of construction must be provided with additional slope stabilizing measures until the problem is corrected.
(i) Roughened soil surfaces are preferred to smooth surfaces on slopes (see BMP E2.35 in Chapter II-5).
(ii) Interceptors (see BMP E2.55 in Chapter II-5) should be constructed at the top of long steep slopes, which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
(iii) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, or pipe slope drain (see BMP E2.25 in Chapter II-5).
(iv) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided (BMPs E2.30 and E2.75 in Chapter II-5).
(F) Erosion and Sediment Control Requirement #6: Controlling Off-site Erosion. Properties and waterways downstream from development sites shall be protected from damage by erosion due to increases in the volume, velocity, or peak flow rate of stormwater runoff from the project site.
(G) Erosion and Sediment Control Requirement #7: Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of the peak flow from a two-year, twenty-four hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.
(H) Erosion and Sediment Control Requirement #8: Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not be discharged offsite or be introduced into any fill area without first being filtered or otherwise treated to remove sediment.
(I) Erosion and Sediment Control Requirement #9: Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:
(i) No more than five hundred feet of trench shall be opened at one time, unless provisions are made to protect against adverse stormwater impacts.
(ii) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
(iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(J) Erosion and Sediment Control Requirement #10: Construction Access Routes. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads.
Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
(K) Erosion and Sediment Control Requirement #11: Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.
(L) Erosion and Sediment Control Requirement #12: Dewatering Construction Sites. Trench dewatering devices shall be discharged in a manner that will not adversely affect flowing streams, drainage systems, or offsite property. Water discharged from dewatering pumps shall be routed through a sediment pond or trap unless it is clear.
(M) Erosion and Sediment Control Requirement #13: Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater.
(N) Erosion and Sediment Control Requirement #14: Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed and in a timely manner to assure continued performance of there intended function. All maintenance and repair shall be conducted in accordance with an approved manual.
(O) Erosion and Sediment Control Requirement #15: Financial Liability. Performance bonding, or other appropriate instruments, may be required to ensure compliance with the approved erosion and sediment control plan.
(4) Minimum Requirement #2: Preservation of Natural Drainage Systems. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location to the maximum extent practicable.
(5) Minimum Requirement #3: Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (minimum requirement #9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites.
(6) Minimum Requirement #4: Runoff Treatment BMPS. All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality storm, defined as the six month, twenty-four hour storm. The first priority for treatment of stormwater shall be to infiltrate as much as possible of the water quality design storm into the ground. (Infiltration BMPs practices shall be in accordance with Chapter III-3 of the PSWQA Manual) Pretreatment of stormwater prior to infiltration into the ground may be required in cases where:
(A) The stormwater contains high concentrations of undesirable dissolved chemicals that can move through soil.
(B) The stormwater contains large amounts of sediment that might clog the infiltrative surfaces in the basin.
(C) The soils are extremely pervious and will not properly filter the stormwater as in the case for some gravelly (type one) soils.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director.
An adopted and implemented basin plan (minimum requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin.
The objectives of providing stormwater treatment BMPs are, for both surface and ground waters, to protect the quality and quantity, to allow attainment of the designated uses, and to meet state standards promulgated under Chapter 173 of the Washington Administrative Code.
(7) Minimum Requirement #5: Streambank Erosion Control. The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment BMPs:
Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to fifty percent of the existing condition two-year, twenty-four hour design storm while maintaining the existing condition peak runoff rate for the ten-year, twenty-four hour and one hundred-year, twenty-four hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director, and maintained according to the 1992 manual.
An adopted and implemented basin plan (minimum requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin.
(8) Minimum Requirement #6: Wetlands. Stormwater discharges to wetlands shall maintain the wetland's natural hydroperiod and flows to the extent needed to preserve or enhance its existing functions and values. Prior to proposing discharge of higher volumes of stormwater to a wetland, alternative discharge, detention, and infiltration practices located in areas outside the wetland shall be evaluated and employed by the project engineer where feasible and practicable.
These requirements apply to existing natural wetlands and wetlands created as mitigation for loss of wetland acreage. Wetlands constructed and operated solely for use as stormwater treatment/storage areas are exempt from these and most other restrictions that apply to natural wetlands. Constructed wetlands may lose this exemption if not operated and maintained as stormwater areas for three or more years. Other local, state, or federal wetland protection requirements may also apply.
(9) Minimum Requirement #7: Water Quality Sensitive Areas. Where the Mason County commissioners or their designee determine that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. An adopted and implemented basin plan (minimum requirement #9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin.
(10) Minimum Requirement #8: Off-site Analysis and Mitigation.
Downstream Analysis May Trigger Additional Requirements. The project engineer shall provide a detailed qualitative analysis of the flow path of the discharge from the project site to the receiving water. This requirement shall apply to all projects where a drainage and erosion control plan is prepared, including those proposing retention facilities. This analysis shall include flow routing, and provide existing pipe and channel sizes and estimated capacities. In addition, the project engineer shall discuss any known or expected downstream erosion, flooding, or water quality problems, including those that may be caused by interflow from the proposed retention facility. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. In making this determination, the director or designee shall consider such factors as the relative size of the new development, availability of other hydrologic work for the drainage area, and the extent to which stormwater generated on the project site is to be infiltrated.
Based upon this analysis, the project engineer may determine or the director or designee may require that a quantitative analysis of the conveyance system be performed both upstream and downstream of the project site. A quantitative analysis will not be required for most projects that propose to infiltrate most or all stormwater. This analysis shall determine conveyance system performance for the appropriate design event(s) both with and without the proposed development. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. The director or designee shall consider factors such as the relative size of the new development, availability of other hydrologic work for the drainage area, and the results of the qualitative analysis, in making this determination.
The quantitative downstream analysis will include modeling the hydraulics of the proposed project and all other sources of runoff tributary to the receiving water body for the appropriate design event. The project engineer shall include an analysis of the impact of the twenty-four hour, one hundred-year event (in addition to "Design Event" analysis) for each component of the system including pond spillway.
The director or designee may impose stricter discharge and/or detention standards if the discharge from the project, evaluated in the context of other existing conditions in the drainage area, is reasonably expected to result in any of the following:
(A) Flooding;
(B) Loss of aquatic habitat due either to high or low flows;
(C) Property damage;
(D) Water quality problems;
(E) Erosion;
(F) Or an unacceptable interruption of vital services.
If the project engineer (or director or designee) determines that greater treatment, infiltration and/or storage volumes, lower release rates, or downstream improvements are needed, he/she shall specify project design criteria or other means to relieve the downstream problems (providing that such solution will not violate minimum standards established in the 1992 manual). Other means might include increases in downstream flow capacity and/or offsite detention and infiltration facilities, plans and financing for which will be subject to the approval of the director or designee.
(11) Minimum Requirement #9: Basin Planning. Basin Plan Supersedes 1992 Manual. If a proposed project is located in a basin or sub basin for which the county has an adopted basin plan, stormwater requirements specifically identified in the basin plan shall take precedence over those provided in this chapter. However, all other elements detailed in this chapter shall continue to apply to such projects. Basin plans are required to be developed according to an approved manual.
(12) Minimum Requirement #10: Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. An operation and maintenance (O&M) Covenant will be required to cover all privately owned and maintained stormwater facilities approved by the director. O&M covenant forms are available at the Mason County public works office. A copy of the completed instrument, shall be recorded with the county auditors' office by the proponent, and a copy of the recorded instrument is required to be submitted to the public works department prior to final approval of the completed permanent stormwater facilities.
(13) Minimum Requirement #11: Financial Liability. Performance bonding, or other appropriate instruments shall be required for all projects to ensure compliance with these standards.
(14) Variances from These Standards. Variances from these standards may be allowed at the discretion of the director or designee provided that the proponent will substantially meet flow control and water quality goals established by or implicit in these standards. Compliance with ordinance requirements shall normally occur within the project area, but may be performed as offsite mitigation in certain situations. Examples of cases when variances may be approved includes, but are not limited to, the following:
(A) That the special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography, or location, and that literal interpretation of these standards would deprive the property owner of rights commonly enjoyed by other properties similarly situated; or
(B) That the site is being remodeled and certain site investigations would be destructive to existing structures; or
(C) That remodels of existing projects which are either too small or so configured that in the director's or designee's opinion some requirements of the manual cannot practically be met; or
(D) That public works or private sector projects are in an existing road right-of-way, which is not of adequate size to install preferred BMPs and for which right-of-way cannot be expanded because of encroaching structures or setbacks for existing structures.
All requests for variances must be submitted in writing to the director or designee, and must clearly state the specific section(s) of the ordinance from which a variance is requested and why.
(15) Experimental BMPs. Experimental best management practices are defined as BMPs, which have not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Some so-called experimental BMPs will likely be minor variations on an existing theme. In that case, Ecology would review and approve or disapprove the BMP in as timely a manner as possible. Where new designs are developed (examples of experimental BMPs may be found in Section I-2.17.2 of the PSWQA Manual), the review will be extended through the use of a standing committee of technical experts. These persons will review and comment on the practice, and Ecology will then determine whether or not these BMPs should be approved and/or added to the manual.
(A) Approval of Experimental BMPs. Approval to use an experimental BMP may be granted subject to initial approval by the Department of Ecology and the local government. If such experimental BMPs prove useful they may be incorporated into later editions of the manual following appraisal of the results and appropriate technical review conducted by Ecology in collaboration with local governments and other interested parties. Approval to use an experimental BMP will only be granted when a suitable contingency plan using approved BMPs has been provided by the applicant to be used in the event that the experimental BMP does not perform adequately.
In addition, several experimental BMPs have been included in the 1992 manual. People may wish to use these BMPs on a trial basis, subject to approval by the local government and provision of a contingency plan. In any event, use of experimental BMPs is encouraged whenever applied research is being undertaken so that more information is made available to facilitate judgement on their applicability and possible adoption as an approved BMP.
(Ord. 81-08 (part), 2008).
Article IX. 14.48.160 Director.
The Mason County public works director or a designee shall administer the technical requirements of this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. Responsibilities for the stormwater utility are defined in Chapter 14.46 of the Mason County Code.
(Ord. 81-08 (part), 2008).
14.48.170 Review and approval.
The director may approve, conditionally approve or deny an application for activities regulated by this chapter. Copies of Articles IX through XII shall be given to all applicants.
(Ord. 81-08 (part), 2008).
14.48.180 Enforcement authority.
The director shall enforce this chapter.
(Ord. 81-08 (part), 2008).
14.48.190 Inspection.
All activities regulated by this chapter, except those exempt in Section 14.48.100, are subject to inspection by the director. The director may inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work subject to inspection include, but are not limited to, pre-construction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. As required by the director, inspections and/or testing shall be performed by the owner or authorized agent.
(Ord. 81-08 (part), 2008).
Article X. 14.48.200 General.
Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.
(Ord. 81-08 (part), 2008).
14.48.210 Stop work order.
The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter.
(1) Content of Order. The order shall contain:
(A) A description of the specific nature, extent, and time of violation and the damage or potential damage; and
(B) A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 14.48.220 below may be issued with the order.
(2) Notice. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same.
(3) Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
(4) Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.
(Ord. 81-08 (part), 2008).
14.48.220 Civil penalty.
A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval order issued, who undertakes new development without first obtaining county approval, or who fails to comply with a stop work order issued under these regulations shall be deemed to be in violation of this chapter and subject to a civil penalty.
(1) Amount of Penalty. The penalty shall not be less than fifty dollars or exceed one hundred dollars for each site per day. Each day of continued violation or repeated violation shall constitute a separate violation.
(2) Aiding and Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
(3) Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the county. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specified time.
(4) Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within ten business days of receipt of the penalty to the county public works director for remission or mitigation of such penalty. Upon receipt of the application, the county public works director may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The decision may be appealed to the board of county commissioners within ten business days of the decision.
(5) Appeal of Civil Penalty. Persons incurring a penalty imposed by the director may appeal in writing within ten business days of the receipt of the penalty to the board of Mason County commissioners. The commissioner's decision may be appealed to the Mason County superior court within ten business days of the decision.
(Ord. 81-08 (part), 2008).
14.48.230 Penalties due.
Penalties imposed under this section shall become due and payable thirty days after receiving it unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after the receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the county is not paid within the time specified, the county shall take actions necessary to recover such penalty.
(Ord. 81-08 (part), 2008).
14.48.240 Penalty recovered.
Penalties recovered shall be paid to a fund established by the board of Mason County commissioners, dedicated to enforcement, education, and/or enhancement of the stormwater management program.
(Ord. 81-08 (part), 2008).
Article XI. 14.48.250 Right of appeal.
All actions of the director shall be final and conclusive, unless within ten business days of the date of the director's action, the original applicant or an adverse party gives written notice of appeal to the board of Mason County commissioners for review of the actions.
(Ord. 81-08 (part), 2008).
14.48.260 Findings of fact.
Exceptions to minimum requirements may be granted prior to permit approval and construction. An exception may be granted following a public hearing, provided that a written finding of fact is prepared, that addresses the following:
(1) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
(2) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;
(3) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
(4) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.
(Ord. 81-08 (part), 2008).
14.48.270 Prior approval.
Any exception shall be approved prior to permit approval and construction.
(Ord. 81-08 (part), 2008).
14.48.280 Duration of exception.
Exceptions granted shall be valid for two years, unless granted for a shorter period.
(Ord. 81-08 (part), 2008).
14.48.290 Board of appeals.
After a public hearing and establishing "Findings of Facts," the board of Mason County commissioners may grant an exception from the requirements of this chapter. In granting any exception, the board of Mason County commissioners may prescribe conditions that are deemed necessary or desirable for the public interest. The board of Mason County commissioners, at its discretion, may delegate this responsibility to a hearing examiner.
(Ord. 81-08 (part), 2008).
STORMWATER MANAGEMENT*
Findings of Fact, Need and Purpose
Definitions
Stormwater Utility
General Provisions
Applicability
Regulated Activities and Allowed Activities
General Requirements
Approval Standards
Administration
Enforcement
Exceptions