HomeMy WebLinkAboutOrdinance 4016 DocuSign Envelope ID: D70FO3F9-EA68-48A6-8D8F-CE22286EOD10
Ordinance No. 4016
An Ordinance Amending the Development Regulations Contained
in Anacortes Municipal Code Title 19, Unified Development Code,
Chapter 19.74 Floodplain Management
Whereas, on July 18, 2016, the City Council adopted Ordinance 2982 adopting a new Comprehensive
Plan pursuant to the City's periodic Growth Management Act Comprehensive Plan amendment and
update process; and
Whereas, the Anacortes Comprehensive Plan provides guidance for amending the Anacortes Municipal
Code (AMC) development regulations and official zoning map to implement its land use,housing,
economic development,transportation, environment and conservation, and other goals and policies; and
Whereas,the proposed amendments to the development regulations and official zoning map were
initiated by the City in accordance with the requirements of the Growth Management Act and AMC
19.16.030(B), subsequent to the adoption of the 2016 Comprehensive Plan; and
Whereas,the City Council adopted Ordinance 3040 adopting new Development Regulations; and
Whereas,the City Council desires to amend AMC Chapter 19.74 Floodplain Management for
consistency with Federal Emergency Management Agency(FEMA) and National Flood Insurance
Program, (NFIP)guidelines; and
Whereas,when development occurs within the 100-year floodplain, the City Council seeks to minimize
risk to people,property and the environment; and
Whereas,Floodplain Management regulations have not been updated since 2008 and require updates for
consistency with FEMA and NFIP guidelines based on Department of Ecology review; and
Whereas, a public comment opportunity was provided for certain amendments to AMC Chapter 19.74 at
the August 25 2021, October 27, 2021 and the March 9,2022 Public Hearing before the Planning
Commission; and
Whereas,the City Council considered the Planning Commission recommendation at a meeting on July
11, 2022.
Now, therefore, the City Council of the City of Anacortes does ordain as follows:
Section 1. Findings. The above recitals are hereby adopted by reference as legislative findings in
support of this ordinance. The City Council further enters the following findings:
Section 2. Development Reiulation Amendments Adopted. The Anaeortes Municipal Code is
amended as described in Attachment A.
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Section 3. Transmittal to State. Pursuant to RCW 36.70A.106, a copy of this ordinance shall be
submitted to the State Department of Commerce.
Section 4. Severability. If any section, sentence, clause,phrase, or word of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality of any other
section, subsection, sentence, clause,phrase, or word of this ordinance.
Section 5. Effective Date. Consistent with RCW 35A.12.130,this ordinance takes effect 5 days after
its passage and publication. PASSED and APPROVED this 1 lth day of July,2022.
CITY OF ANACORTES:
Matt Miller,Mayor
Attest:
A �) �=__2
Steve Hoglund, City Clerk-Treasurer
Approved as to Form:
O'Wrl" ({1t,A.tM
Darcy James Swetnam, City Attorney
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Attachment A Version 2B
Chapter 19.74
FLOODPLAIN MANAGEMENT
Sections:
19.74.010 Statutory authorization, findings of fact,purpose, and objectives.
19.74.020 Definitions.
19.74.030 General provisions.
19.74.040 Administration.
19.74.050 Provisions for flood hazard reduction.
19.74.060 Stand-alone ordinance.
19.74.010 Statutory authorization, findings of fact, purpose, and objectives.
A. 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. Therefore,the City Council of Anacortes does ordain as follows:
1. Findings of Fact.
a. The flood hazard areas of Anacortes are subject to periodic inundation which results 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.
b. These flood losses are caused 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 flood-proofed,elevated, or otherwise protected from flood
damage also contribute to the flood loss.
2. Statement of Purpose. It is 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:
a. To protect human life and health;
b. To minimize expenditure of public money and costly flood control projects;
c. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
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d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
telephone and sewer lines, streets,and bridges located in areas of special flood hazard;
f. To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
g. To ensure that potential buyers are notified that property is in an area of special flood hazard;
h. To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions; and
i. To incorporate LID BMPs if feasible.
3. Methods of Reducing Flood Losses. In order to accomplish its purposes,this chapter includes methods
and provisions for:
a. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. Requiring that uses vulnerable to floods,including facilities which serve such uses,be protected
against flood damage at the time of initial construction;
c. Controlling the alteration of natural floodplains, stream channels,and natural protective barriers,
which help accommodate or channel floodwaters;
d. Controlling filling, grading,dredging, and other development which may increase flood damage;
and
e. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
19.74.020 Definitions.
Unless specifically defined below,words or phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its most reasonable application.
"Adjacent/regulated slopes"means within 100 feet of the project site boundaries.
"Administrator"means the Director of Community Development.
"Alteration of watercourse"means any action that will change the location of the channel occupied by water
within the bans of any portion of a riverine waterbody.
"Appeal"means a request for a review of the interpretation of any provision of this chapter or a request for a
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variance.
"Area of Shallow Flooding"means a designated zone AO,AH,AR/AO or AR/AH or(VO)on a communities
Flood Insurance Rate Map (FIRM)with a one percent or greater annual chance of flooding to an average depth
of one to three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.Also
referred to as sheet flow area.
"Area of Special Flood Hazard"means the land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map(FIRM)as Zone
A,AO,AH,Al -_A30,AE,A99,AR, (V,VO,V 1-V30,VE). "Special Flood Hazard Area"is synonymous in
meaning with the phrase: "area of special flood hazard".
"Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year.
Also referred to as the"one-hundred-year flood."Designation on maps always includes the letters A or V.
"Base Flood Elevation(BFE)"means the elevation to which floodwater is anticipated to rise during the base
flood.
"Basement"means any area of the building having its floor subgrade (below ground level)on all sides.
"Breakaway wall"means a wall that is not part of the structural support of the building and is intended through
its design and construction to collapse under specific lateral loading forces,without causing damage to the
elevated portion of the building or supporting foundation system.
"Buffer"means a naturally vegetated area or vegetated area established or managed to protect nontidal
wetlands or other areas from human disturbances.
"Channel"means the geographical area within either the natural or artificial banks of a watercourse or
drainway.
"Coastal high hazard area"means an area of special flood hazard extending from offshore to the inland limit of
a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms
or seismic sources. The area is designated on the FIRM as Zone V1-30,VE, or V.
"Creation,wetland"means a human activity bringing a wetland into existence at a site in which it did not
formerly exist.
"Critical facility"means a facility for which even a slight chance of flooding might be too great. Critical
facilities include,but are not limited to, schools,nursing homes,hospitals,police, fire and emergency response
installations, installations which produce,use or store hazardous materials or hazardous waste.
"Development" means any human-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining,dredging, filling, grading,paving,excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
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"Drainway"means any depression below the surrounding land serving to give direction to a regular current of
water and having a bed and well-defined banks.
"Elevated building"means for insurance purposes, a non-basement building which has its lowest elevated floor
raised above ground level by foundation walls, shear walls,post,piers,pilings, or columns.
"Existing manufactured home park or subdivision"means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including,at a minimum,the installation of utilities,the construction of streets,and either final site grading or
the pouring of concrete pads)is completed before the effective date of the adopted floodplain management
regulations.
"Expansion to an existing manufactured home park or subdivision"means the preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities,the construction of streets, and either final site grading or the pouring of
concrete pads).
"Flood"or"flooding"means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
3. Mudslides(i.e.,mudflows)which are proximately caused by flooding and are akin to a river of liquid
and flowing mud on the surface of normally dry land areas, as with when earth is carried by a current of
water and deposited along the path of the current.
4. The collapse of subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high-water level in a natural body of water,accompanied by a severe
storm, or by unanticipated force of nature, such as a flash flood or abnormal tidal surge, or by some
similarly unforeseeable event which results in flooding.
"Flood Elevation Study"means an examination, evaluation, and determination of flood hazards and,if
appropriate, corresponding water surface elevations or an examination, evaluation, and determination of
mudslides(i.e.,mudflow)and or flood-related erosion hazards.Also known as a Flood Insurance Study(FIS).
"Flood Insurance Rate Map (FIRM)"means the official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM)
"Flood Insurance Study"means the official report provided by the Federal Insurance Administration that
includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
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"Floodplain or Flood prone Area"means any land area susceptible to being inundated by water from any
source. See"Flood or Flooding".
"Flood Proofing"means any combination of structural and nonstructural additions, changes,or adjustments to
structures which reduce or eliminate risk of flood damage to real estate or improved real property,water and
sanitary facilities, structures, and their contents.Flood proofed structures are those that have the structural
integrity and design to be impervious to floodwater below the base flood elevation.
"Floodway"means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height.Also referred to as"Regulatory Floodway".
"Functional Dependent Use"means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities,port facilities,that are
necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities, and
does not include long teen storage or related manufacturing facilities.
"Function/wetlands"means the beneficial roles nontidal wetlands serve,including storage, conveyance, and
attenuation of floodwaters and stormwaters; groundwater recharge and discharge;protection of water quality
and reduction of sediment and erosion;production of waterfowl,game and nongame birds,mammals, and
other living resources;protection of habitat for rare,threatened,and endangered species, food chain support for
a broad range of wildlife and fisheries; educational,historical, and archaeological value protection; and scenic,
aesthetic, and recreational amenities.
"Highest Adjacent Grade"means the highest natural elevation of the ground prior to construction next to the
proposed walls of a structure.
"Historic Structure"means any structure that is;
1. Listed individually in the National Register of Historic Places(a listing maintained by the Department of
Interior)or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register.
2. Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary of the
Interior to qualify as a registered historic district.
3. Individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
a). By an approved state program as determined by the Secretary of the Interior. Or
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b).Directly by the Secretary of the Interior in states without approved programs.
"Hydrophytic vegetation"means macrophytic plant life growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
"In-kind construction,wetland"means the restoration or creation of a wetland with vegetation and other
characteristics closely approximating those of a specified wetland.
"Lowest floor"means the lowest floor of the lowest enclosed area(including basement). An unfinished or
flood resistant enclosure,usable solely for parking of vehicles,building access or storage, in an area other than
a basement area,is not considered a building's lowest floor,provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of this chapter found at
subsection 19.74.050(B)(1)(b).
"Manufactured home"means a.structure,transportable in one or more sections,which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities.
The term"manufactured home"does not include a"recreational vehicle."
"Mean Sea Level"for purpose of the National Flood Insurance Program means the vertical datum to which
Base Flood Elevations shown on community's Flood Insurance Rate Map are referenced.
"Manufactured home park or subdivision"means a parcel(or contiguous)of land divided into two or more
manufactured home lots for rent or sale.
"New Construction"for the purpose of determining insurance rates,means structures for which the"start of
construction"commenced on or after the effective date of an initial Flood Insurance Rate map or after
December 31, 1974,whichever is later,and includes any subsequent improvements to such structures. For
floodplain management purposes"new construction"means structures for which the"start of construction"
commenced on or after the effective date of a floodplain management regulation adopted by a community and
includes any subsequent improvements to such structures.
"New manufactured home park or subdivision"means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at
a minimum,the installation of utilities,the construction of streets, and either final site grading or the pouring
of concrete pads)is completed on or after the effective date of adopted floodplain management regulations.
"Nontidal wetland"means an area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions(commonly known as hydrophytic
vegetation).
"Off-site construction,wetland"means restoration or creation of a wetland at a location not adjacent to a
previously specified wetland.
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"Out-of-kind,wetland"means the restoration or creation of a wetland with vegetation or other characteristics
not resembling those of a specified wetland.
"Partially developed lot"means a lot or parcel of land on which a building is located, and which is of sufficient
area so as to be capable of subdivision into two or more lots in accordance with city standards.
"Practicable alternative,wetland"means an alternative to the proposed project that would accomplish the basic
purpose of the project and avoid or have less adverse impact on a nontidal wetland.
"Recreational vehicle"means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping,travel, or seasonal use.
"Regulated activity,wetlands"means an activity with a significant impact on nontidal wetlands,including:
1. The removal,excavation,or dredging of soil, sand, gravel, minerals, organic matter, or materials of
any kind;
2. The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood
retention characteristics;
3. The disturbance of the nontidal wetland water level or water table by drainage,impoundment, or other
means;
4. The dumping or discharging of material, or the filling of a nontidal wetland with material;
5. The placing of fill or the grading or removal of material that would alter existing topography;
6. The driving of piles,placement of obstructions, and erection or repair of buildings or structures of any
kind;
7. The destruction or removal of plant life that would alter the character of a nontidal wetland; and
8. The conduct of an activity that results in a significant change of water temperature, a significant
change of physical or chemical characteristics of nontidal wetland water sources, or the introduction of
pollutants.
"Regulated slopes"means slopes that average 15 percent or greater over a vertical interval of 10 feet.
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"Restoration,wetland"means a human activity that returns a wetland or former wetland from a disturbed or
altered condition with lesser acreage or functions to a previous condition with greater wetland acreage or
functions.
"Scientist,professional wetland"means a professional wetland scientist shall be certified through the Society
of Wetland Scientists Professional Certification Program.
"Start of construction"includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction,repair,reconstruction,placement, or other improvement was within
one hundred eighty days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings,the installation of piles,the
construction of columns,or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation.Permanent construction does not include land preparation, such as clearing, grading,
and filling;nor does it include the installation of streets and/or walkways;nor does it include excavation for a
basement, footings,piers,or foundations or the erection of temporary forms;nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement,the actual start of construction means the first alteration of
any wall, ceiling,floor, or other structural part of a building,whether or not that alteration affects the external
dimensions of the building.
"Structure"means a walled and roofed building including a gas or liquid storage tank that is principally above
ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed fifty percent of the market value of the
structure before the damage occurred.
"Substantial Improvement"means any reconstruction,rehabilitation,addition,or other improvement of a
structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the"start
of construction"of the improvement. This term includes structures which have incurred"substantial damage"
regardless of actual repair work performed. The term does not,however, include either:
1.)Any project for improvement of a structure to correct previously identified existing violations of state or
local health, sanitary, or safety code specifications that have been identified by the local code enforcement
official and that are the minimum necessary to ensure safe living conditions.
2.)Any alteration of a"historic structure",provided that the alteration will not preclude the structure's
continued designation as a"historic structure".
"Variance"means a grant of relief from the requirements of this chapter which permits construction in a
manner that would otherwise be prohibited by this chapter.
"Water dependent"means a structure for commerce or industry which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations.
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19.74.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of the City of Anacortes.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by
the Federal Insurance Administration in a scientific and engineering report entitled"The Flood Insurance
Study for the City of Anacortes"dated March 17,2003,and any revisions thereto,with an accompanying
Flood Insurance Rate Map (FIRM), and any revisions thereto,are hereby adopted by reference and declared to
be a part of this chapter. The Flood Insurance Study and the FIRM are on file at 904-6th Street. The best
available information for flood hazard area identification as outlined in subsection 19.74.040(C)(2)of this
chapter shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under
subsection 19.74.040(C)(2) of this chapter.
C. 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.
Violations 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 or imprisoned for not more than ten days, or
both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the Administrator from taking such other lawful action as is necessary to prevent or
remedy any violation.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate,or impair any
existing easements, covenants,or deed restrictions. However,where this chapter and another ordinance,
easement,covenant, or deed restriction conflict or overlap,whichever imposes the more stringent restrictions
shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. 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 the city of Anacortes,
any officer or employee thereof,or the Federal Insurance Administration,for any flood damages that result
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from reliance on this chapter, or any administrative decision lawfully made hereunder. (Ord.3064§2(Au.A),
2021;Ord.2794§ 1 (Art.A),2008;Ord.2702§3,2005.Formerly 17.70.040)
19.74.040 Administration.
A. Establishment of development permit.
1. Development Permit Required. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in subsection 19.74.030(B)of this
chapter. The permit shall be for all structures including manufactured homes, as set forth in the
"Definitions,"and for all development including till and other activities,also as set forth in the
"Definitions."
2. Application for Development Permit. Application for a development permit shall be made on forms
furnished by the city of Anacortes and may include,but not be limited to,plans in duplicate drawn to
scale showing the nature, location,dimensions, and elevations of the area in question; existing or
proposed structures,fill, storage of materials,drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor(including basement)of all structures;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Certification by a registered professional engineer or architect that the floodproofing methods for
any nonresidential structure meet the floodproofing criteria in subsection 19.74.050(B)(2)of this
chapter; and
d. Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
B. Designation of the Local Administrator. The administrator is hereby appointed to administer and
implement this chapter by granting or denying development permit applications in accordance with its
provisions.
C. Duties and Responsibilities of the Local 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.
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c. Review all development permits to determine if the proposed development is located in the
floodway. if located in the floodway, assure that the encroachment provisions of subsection
19.74.050(D)of this chapter are met.
2. Use of Other Base Flood Data (In A and V Zones). When base flood elevation data has not been
provided(A and V Zones)in accordance with subsection 19.74.030(B),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
subsection 19.74.050(B), specific standards, and subsection 19.74.050(D), critical facility.
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study,FIRM,or
required as in subsection C 2 of this section,obtain and record the actual 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 where base flood elevation data is
provided through the Flood Insurance Study,FIRM,or as required in subsection kcXQ of this
section:
i. Obtain and record the elevation(in relation to mean sea level)to which the structure was
floodproofed; and
ii. Maintain the floodproofng certifications required in subsection A 2 c of this section.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration of Watercourses.
a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal Insurance 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 a conflict
between a mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in AMC Table
19.20.030. Type I Administrative Ministerial Actions and Sectionl9.20.180.
D. Variance Procedure.
1. Variances to this chapter must be processed according to the procedures in Title 19.
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2. Conditions for Variances.
a. Generally,the only condition under which a variance from the elevation standard may be issued
is for new construction and substantial improvements to be erected on a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures constructed below the base flood
level,providing items in subsection(D)(3)(a)of this section have been fully considered. As the lot
size increases the technical justification required for issuing the variance increases.
b. Variances maybe 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.Upon a determination that the proposed repair or
rehabilitation will not preclude the structures continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and design of the structure.
c. Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard,to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
iii. 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,or conflict with existing local laws or ordinances.
iv. A demonstration that no net loss of critical areas functions and values will occur as a result.
f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning
law principle that they pertain to a physical piece of property;they are not personal in nature and do
not pertain to the structure,its inhabitants,economic or financial circumstances. They primarily
address small lots in densely populated residential neighborhoods.As such,variances from the flood
elevations should be quite rare.
g. Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry-floodproofing,where it can be determined that
such action will have low damage potential,complies with all other variance criteria except
subsection D 2 a of this section, and otherwise complies with subsections 19.74.050(A)(1),
and(4)of the general standards.
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Attachment A Version 2B
h. Any applicant to whom a variance is granted shall be given written notice that the structure will
be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost
of flood insurance will be commensurate with the increased risk resulting from the reduced lowest
floor elevation.
3.Variance review criteria.
a.In considering variance applications,the governing body must consider all technical evaluations,
all relevant factors, all standards specified in other sections of this chapter,and;
i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community;
v. The necessity of the facility of a waterfront location,where applicable;
vi. The availability of alternative locations for the proposed use,which are not subject to
flooding or erosion damage;
vii. The compatibility of the proposed use with existing and proposed development;
viii. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
ix. The safety of access to the property in time of flood for ordinary and emergency vehicles;
x. The expected heights,velocity,duration,rate of rise, and sediment transport of the floodwaters
expected at the site; and
xi. The costs of providing governmental services during and after flood conditions,including
maintenance and repair of public facilities, such as sewer, gas, electrical,water system, and streets
and bridges.
19.74.050 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazards,the following standards are required:
1. Anchoring.
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Attachment A Version 2B
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads
including effects of buoyancy.
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's"Manufactured Home Installation in Flood Hazard Areas"guidebook
for additional techniques).
2. Construetion 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 systems;
b. The proposed water well shall be located on high ground that is not in the floodway(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 discharges from the systems into floodwaters; and
d. Onsite 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 or eliminate flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
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Attachment A Version 2B
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).
5. Review of'Building Permits. Where elevation data is not available either through the Flood Insurance
Study,FIRM, or from another authoritative source(subsection 19.74.040(C)(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 judgment and includes use of historical data,high water marks,
photographs of past flooding,etc.,where available. Failure to elevate at least two feet above the highest
adjacent grade in these zones may result in higher insurance rates.
B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided
(Zones Al-30,AH, and AE) as set forth in subsection 19.74.030(B),basis for establishing the areas of special
flood hazard,or subsection 19.74.040(C)(2), use of other base flood data(In A and V Zones),the following
provisions are required:
1. Residential Construction.
a. In AE and Al-30 Zones or other A Zoned areas where the BFE has been determined or can be
reasonably obtained,new construction and substantial improvement of any residential structure must have
the lowest floor, including basement,elevated two feet or more above the BFE. Mechanical equipment
and utilities must be waterproof or elevated one foot above BFE.
b.New construction and substantial improvement of any structure in an unnumbered A Zone for which
a BFE is not available and cannot be reasonably obtained must be reasonably safe from flooding,but in
all cases the lowest floor must be at least two feet above the Highest Adjacent Grade.
c.New construction and substantial improvement of any residential structure in a V,V1-30,or VE
Zone must meet the requirements of section 19.74.050(C)Coastal High Hazard.
d. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or must
designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry
and exit of flood waters. Designs must meet or exceed the following criteria or be designed by a
registered engineer or architect and certify engineered openings;
i. Have a minimum of two openings with a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding.
ii. The bottom of all openings must be no higher than one foot above grade.
iii. Openings may be equipped with screens,louvers,valves or other coverings or devices
provided they permit the automatic entry and exit of flood waters.
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iv. A garage attached to a residential structure,constructed with the garage floor slab below the
BFE,must be designed to allow for the automatic entry and exit of flood waters.
2. Nonresidential Construction. Nonresidential construction or substantial improvement of any
commercial, industrial, or other nonresidential structure must meet the requirements of subsection a or b
below.
a.New construction and substantial improvement of any commercial,industrial,or other nonresidential
structure must meet all the following requirements.
i. In AE and Al-30 Zones or other A Zoned areas where the BFE has been determined or ca be
reasonably obtained;New construction and substantial improvement of any commercial,industrial, or
other nonresidential structure must have the lowest floor,including basement, elevated two feet or more
above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and
utilities must be waterproofed or elevated at least one foot above, or as required by ASCE 24,whichever
is greater.
ii.If located in an Unnumbered A Zone for which a BFE is not available and cannot be reasonably
obtained,the structure must be reasonably safe from flooding,but in all cases the lowest floor must be at
least two feet above the Highest Adjacent Grade.
iii. If located in a V,V1-30 or VE Zone,the structure must meet the requirements of Section 19.54.050
(C)Coastal High Hazard.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or must meet be
designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry
and exit of flood forces. 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 or be designed
by a registered engineer or architect and certify engineered openings.
i. Have a minimum of two openings with a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding.
ii. The bottom of all openings must be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers,valves or other coverings or devices provided
that they permit the automatic entry and exit of flood water.
iv. A garage attached to a nonresidential structure,constructed with the garage floor slab below the
BFE,must be designed to allow for the automatic entry and exit of floodwater.
c.If the requirements of subsection(a)are not met, then the new construction and substantial
improvement of any commercial,industrial, or other nonresidential structure must meet all the following
requirements;
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Attachment A Version 2B
i. Be dry flood proofed so that one foot or more above the base flood level the structure is watertight
with walls substantially impermeable to the passage of water or dry flood proofed to the elevation
required by ASCE 24,whichever is greater;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
iii. 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 must be provided to the official as set forth in section 19.74.040(C (3).
iv. Nonresidential structures that are elevated,not flood proofed,must meet the same standards for
space below the lowest floor as described in(2)(b)of this section.
V. Applicants who are flood proofing nonresidential buildings must be notified that flood insurance
premiums will be based on rates that are one foot below the flood proofed level(e.g., a building that is
flood proofed to the base flood level will be rated as one foot below). Flood proofing the building an
additional foot will reduce flood insurance premiums.
3. Manufactured Homes.
a. All manufactured homes to be placed or substantially improved on sites:
i. Outside of a manufactured home park or subdivision,
ii. In a new manufactured home park or subdivision,
iii. In an expansion to an existing manufactured home park or subdivision, or
iv. In an existing manufactured home park or subdivision on which a manufactured home has
incurred"substantial damage"as the result of a flood;
Shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated one foot or more above the base flood elevation and be securely anchored to
an adequately designed foundation system to resist flotation, collapse, and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision that are not subject to the above manufactured home provisions be
elevated so that either:
i. The lowest floor of the manufactured home is elevated one foot or more above the base
flood elevation,or
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Attachment A Version 2B
ii. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six inches in height above
grade and be securely anchored to an adequately designed foundation system to resist flotation,
collapse, and lateral movement.
4. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than one hundred eighty consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently attached
additions; or
c. Meet the requirements of subsection B 3 of this section and the elevation and anchoring
requirements for manufactured homes.
5. Enclosed area below the lowest floor;
a. If buildings or manufactured homes are constructed or substantially improved with fully
enclosed areas below the lowest floor,the areas must be used for parking of vehicles,building
access,or storage.
6.Appurtenant Structures(Detached Garages& Small Storage Structures)
a. Appurtenant structures used solely for parking of vehicles or limited storage may be constructed
such that the floor is below the BFE,provided the structure is designed and constructed in
accordance with the following requirements:
i. Use of the appurtenant structure must be limited to parking of vehicles or storage:
ii. The portions of the appurtenant structure located below the BFE must be built using flood
resistant materials:
iii. The appurtenant structure must be anchored to prevent flotation, collapse, and lateral
movement:
iv.Any machinery or equipment servicing the appurtenant structure must be elevated or flood
proofed to or above BFE:
v. The appurtenant structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with 1-d of this section:
vi. The structure must have low damage potential:
vii.If the structure converted to another use,it must be brought into full compliance with
standards governing such use:
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Attachment A Version 2B
viii. The structure must not be used for human habitation:
b. Detached garages, storage structures, and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards in section 1-d.
c. Upon completion of the structure, certification that the requirement of this section has been
satisfied must be provided to the Floodplain Administrator for verification.
7.AE and A1-30Zones with Base Flood Elevations but No Floodways
a. In areas with BFEs(when a regulatory floodway has not been designated),no new
construction, substantial improvements, or other development(including fill) shall be permitted
within zones Al-30 and AE on the communities 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 community.
C. Coastal High Hazard Areas. Located within areas of special flood hazard established in subsection
19.74.030(B)of this chapter are coastal high hazard areas, designated as Zones V1-30,VE and/or V. These
areas have special flood hazards associated with high velocity waters from surges and,therefore, in addition to
meeting all provisions in this chapter,the following provisions shall also apply:
1. All new construction and substantial improvements in zones V1-30 and VE (V if base flood elevation is
available)on the communities FIRM must be elevated on pilings and columns so that:
a. For residential buildings the bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns)is elevated one foot or more above the base flood level:
b. For nonresidential buildings the bottom of the lowest horizontal member of the lowest floor
(excluding pilings or columns)is elevated one foot or more above the base flood level or meets the
requirements of ASCE 24,whichever is higher.
c. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on
all building components. Wind and water loading values shall each have a one percent chance of
being equaled or exceeded in and given year(one hundred-year mean recurrence interval).
d.A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this section.
2. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of
the lowest floor(excluding pilings and columns)of all new and substantially improved structures in
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Attachment A Version 2B
Zones V 1-30,VE, and V on the community's FIRM and whether or not such structures contain a
basement. The administrator shall maintain a record of all such information;
3. All new construction within Zones V1-30,VE,and V on the community's FIRM shall be located
landward of the reach of mean high tide;
4. Provide that all new construction and substantial improvements within Zones V 1-30, VE, and Von
the community's FIRM have the space below the lowest floor either free of obstruction or constructed
with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse
under wind and water loads without causing collapse,displacement, or other structural damage to the
elevated portion of the building or supporting foundation system. For the purposes of this section,a
breakaway wall shall have a design safe loading resistance of not less than ten and no more than twenty
pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty
pounds per square foot(either by design or when so required by local or state codes)may be permitted
only if a registered professional engineer or architect certifies that the designs proposed meet the
following conditions:
a. Breakaway wall collapse shall result from water load less than that which would occur during the
base flood,and
b. The elevated portion of the building and supporting foundation system shall not be subject to
collapse, displacement,or other structural damage due to the effects of wind and water loads acting
simultaneously on all building components(structural and nonstructural). Maximum wind and water
loading values to be used in this determination shall each have a one percent chance of being equaled
or exceeded in any given year(one hundred-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles,
building access, or storage. Such space shall not be used for human habitation.
5. Prohibit the use of fill for structural support of buildings within Zones V 1-30,VE, and V on the
community's FIRM;
6. Prohibit human caused alteration of sand dunes within Zones V 1-30,VE, and Von the community's
FIRM which would increase potential flood damage;
7. All manufactured homes to be placed or substantially improved within Zones V1-30,V, and VE on
the community's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision,or
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Attachment A Version 213
d. In an existing manufactured home park or subdivision on which a manufactured home has
incurred"substantial damage"as the result of a flood;
Meet the standards of subsections C 1 through C 6 of this section and that manufactured
homes placed or substantially improved on other sites in an existing manufactured home park or
subdivision within Zones V1-30,V, and VE on the FIRM meet the requirements of subsection B 3
of this section.
8. Recreational vehicles placed on sites within Zones V1-30,V, and VE on the community's FIRM
either:
a. Be on the site for fewer than one hundred eighty consecutive days,
b. Be fully licensed and ready for highway use,on its wheels or jacking system,is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently attached
additions, or
c. Meet the requirements of subsection 19.74.040(A)(1)of this chapter, development permit
required and subsection C 1 through LQL61 of this section.
D. Critical Facility. Construction of new critical facilities shall be,to the extent possible,located outside the
limits of the special flood hazard area(SFHA) (one-hundred-year floodplain). Construction of new critical
facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the five-
hundred-year flood,whichever is higher. Access to and from the critical facility should also be protected to the
height utilized above. Floodproofing 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 flood
elevation shall be provided to all critical facilities to the extent possible. (Ord.3064§2(Art.A),2021;Ord.2794§ 1
(Aft.A),2008;Ord.2702§3,2005.Formerly 17.70.060)
19.74.060 Stand-alone ordinance.
This chapter is adopted as a stand-alone ordinance will be enforced only in those areas presently identified or
become identified as special flood hazard areas within the City of Anacortes. (Ord.3064§2(Art.A),2021;Ord.
2794§ 1 (Att.A),2008;Ord.2702 §3,2005.Formerly 17.70.070)
DocuSign
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Envelope Id:D70F03F9EA6848A68D8FCE22286EOD10 Status:Completed
Subject:SIGNATURE REQUIRED:Approved Ordinance 4016
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