HomeMy WebLinkAbout4820 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINIINCE NO. 4 8 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE TITLE 15, BUILDINGS AND
CONSTRUCTION, CHAPTER 15.68 FLOOD HAZARD AREAS.
WHEREAS, the Federal Emergency Management Agency (FEMA)
has provided the city of Auburn an updated Flood Insurance
Study (FIS); and
WHEREAS, FEMA has provided the City an updated Flood
Insurance Rate Map (FIRM); and
WHEREAS, the updated FIS and FIRM became effective May
16, 1995; and
WHEREAS, the City is required under Section 1361 of the
National Flood Insurance Act of 1968 as a condition of
continued eligibility in the National Flood Insurance Program
(NFIP), to adopt flood plain management regulations that meet
the standards of Section 60.3(d) of the NFIP regulation 44
CFR 59;
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Title
Construction, Chapter 15.68 Flood Hazard
amended as set forth on attached Exhibit
hereof as though set forth in full herein.
CITY OF AUBURN,
15, Buildings and
Areas, is hereby
"A" and made a part
Ordinance No. 4820
December 8, 1995
Page 1
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to oarry
out the directions of this legislation.
8eotion $. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
R6bin Wohlhuete~,
City Clerk
APPROVED AS TO FORM:
~. Reynolds,
City Attorney
Published:
Ordinance No. 4820
December 8, 1995
Page 2
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
1
2
3
4
5
6
I
ORDINANCE NO. 4820 EXHIBIT "A"
Chapter 15.68
FLOOD HAZARD AREAS
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives
15.68.010 Statutory authorization.
15.68.020 Findings of fact.
15.68.030 Statement of purpose.
15.68.040 Methods of reducing flood losses.
Article II. Definitions
15.68.050 Interpretation of language.
15.68.060 Definitions.
Article Ill. General Provisions
15.68.070 Land to which this chapter applies.
15.68.080 Basis for establishing the areas of special flood hazard.
15.68.090 Penalties for noncompliance.
15.68.100 Abrogation and greater restrictions.
15.68.110 Interpretation.
15.68.120 Warning and disclaimer of liability.
Article IV. Administration
15.68.130 Establishment of development permit.
15.68.140 Designation of the city of Auburn engineering division.
15.68.150 Duties and responsibilities of the city of Auburn engineering
division.
Article V. Provisions for Flood Hazard Protection
15.68.160 General standards.
15.68.170 Specific standards.
15.68.180 Floodways.
15.68.190 ((Encroachments)) Development within areas of special flood
hazard..
Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 1
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
15.68.010 Statutory authorization.
The Legislature of the state of Washington has in state law 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 the city of Auburn, Washington, does ordain as follows in this chapter.
15.68.020 Findings of fact.
A. The flood hazard areas of the city 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 floodproofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
15.68.030 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; 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;
OrdinanceNo. 4820 Exhibit"A"
December8,1995
Page 2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
7
8
9
G. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
15.68.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions
for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, 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 which may increase flood hazards in other areas.
Article II. Definitions
15.68.050 Interpretation of language.
Unless specifically defined in this article, 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.
15.68.060 Definitions.
As used in this chapter:
A. "Appeal" means a request for a review of the city engineering division's
interpretation of any provisions of this chapter or a request for a variance.
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
B. "Area of shallow flooding" means a designated AO or AH zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from one to three
feet; a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and, velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
C. "Area of special flood hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year.
Designation on maps always includes the letters A or V.
D. "Base flood" means the flood having a one percent chance of being
equal((.I))ed or exceeded in any given year. Also referred to as the '100-year flood."
Designation on maps always includes the letters A or V.
E. "Development" means any manmade change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
F. "Flood" or "flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters
from any source.
G. "Flood Insurance Rate Map" (FIRM) means the official 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.
H. "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.
I. "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 one foot.
J. "Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable solely for
parking or vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable nonelevation design
requirements of this chapter found in ACC 15.68.170(A)(2).
K "Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. For
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
floodplain management purposes the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for greater than
180 consecutive days. For insurance purposes the term "manufactured home" does
not include park trailers, travel trailers, and other similar vehicles.
L. "Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
M. "New construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in this chapter.
N. "Start of construction" includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure.
O. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
P. "Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent of the
assessed valuation of such structure as established by the most current King
County assessor's tax roll either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wail, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
6
Q. "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.
Article III. General Provisions
15.68.070 Land to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction
of the city. (See Exhibit "A", attached to the ordinance codified in this chapter and
incorporated herein by reference, the State Flood Control Zone Map).
15.68.080 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 Auburn," dated ((,~,e~e~)) May 16, 1995, with
accompanying Flood Insurance Maps is hereby adopted by reference and declared
to be a part of this chapter. The Flood Insurance Study is on file at 25 West Main,
Auburn, Washington 98001.
15.68.090 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 be enforced pursuant to
the provisions of Chapter 1.25 ACC.
15.68.100 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.
Ordinance No. 4820 Enhibit "A"
December 8, 1995
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
15.68.110 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit or repeal any other powers granted under state
statutes.
15.68.120 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.
Large floods can and will occur on rare occasions. Flood heights may be increased
by manmade or natural causes. This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part of the
city, any officer or employee thereof, or the Federal Insurance Administration, for
any flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
Article IV. Administration
15.68.130 Establishment of development permit.
A. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in ACC
15.68.080. The permit shall be for all structures including manufactured homes, as
set forth in ACC 15.68.060, and for all other development including fill and other
activities, also as set forth in ACC 15.68.060. Application for a development permit
shall be made on forms furnished by the city building department 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:
1. Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has
been floodproofed:
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
3. Certification by a registered professional engineer that the
floodproofing methods for any nonresidential structure meet the floodproofing
criteria in ACC 15.68.170(B); and
4. Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
B. Permitting procedures for flood control zone permits shall conform to
Section 3 of Auburn City Ordinance No. 4195 passed on December 15, 1986.
15.68.140 Designation of the city of Auburn engineering division.
The city engineering division is hereby appointed to administer and implement this
chapter by granting or denying development permit applications in accordance with
its provisions.
15.68.150 Duties and responsibilities of the city of Auburn engineering division.
Duties of the city engineering divisions shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
2. Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required;
3. Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway, assure that the
encroachment provisions of ACC 15.68.180 (A) are met.
B. Use of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with ACC 15.68.080, the city engineering division
shall obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other sources in order to administer ACC
15.68.170(A) and (B), and 15.68.180.
C. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood
Insurance Study or required as in ACC 15.68.150(B), obtain and record the actual
elevation (in relation to mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved structures, and whether or not the
structure contains a basement;
2. For all new or substantially improved floodproofed structures:
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
sea level), and
15.68.130(A)(3);
3.
a. Verify and record the actual elevation (in relation to mean
b. Maintain the floodproofing certifications required in ACC
Maintain for public inspection all records pertaining to the
provisions of this chapter.
D. Alteration of Watercourses.
1. Notify adjacent communities and the Department of Ecology prior to
any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-carrying capacity is not
diminished.
E. Interpretation of FIRM Boundaries. Make interpretations where needed,
as to exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation. Such appeals shall be
granted consistent with the standards of Section 60.6 of the Rules and Regulations
of the National Flood Insurance Program (44 CFR 59-76).
Article V. Provisions for Flood
Hazard Protection
15.68.160 General standards.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent
flotation, collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's
"Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques).
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be
constructed using methods and ~ractices that minimize flood damage.
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
3. Electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities shall be designed and/or otherwise elevated
or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
C. Utilities.
1. All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
2. New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters.
3. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to
minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
4. Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain at least 50 lots or five
acres (whichever is less).
E. Review of Building Permits. Where elevation data is not available either
through the Flood Insurance Study or from another authoritative source (ACC
15.68.150(B)), 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 grade in these zones may result in higher insurance rates.
15.68.170 Specific standards.
In all areas of special flood hazards where base flood elevation data is provided as
set forth in ACC 15.68.080 or 15.68.150(B), the following provisions are required:
A. Residential Construction.
1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated one foot or more
above base flood elevation.
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
2. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding
shall be provided;
b. The bottom of all openings shall be no higher than one foot
above grade;
c. Openings may be equipped with screens, louvers, or other
coverings or devices; provided, that they permit the automatic entry and exit of
floodwaters.
B. Nonresidential Construction. New construction and substantial
improvement to any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated one foot or more above
the level of the base flood elevation; or, together with attendant utility and sanitary
facilities, shall:
1. Be floodproofed so that below one foot above the base flood level
the structure is watertight with walls substantially impermeable to the passage of
water;
2. Have structural components capable of resisting hydrostatic loads
and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that
the design and methods of construction are in accordance with accepted standards
of practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans. Such certifications
shall be provided to the official as set forth in ACC 15.68.150(C)(2);
4. Nonresidential structures that are elevated, not floodproofed, must
meet the same standards for space below the lowest floor as described in ACC
15.68.170(A)(2):
5. Applicants floodproofing nonresidential buildings shall be notified
that flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g., a building constructed to one foot above the base flood
level will be rated as one foot below that level).
C. Manufactured Homes. All manufactured homes to be placed or
substantially improved within zones A1-30, AH, and AE shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is one
foot or more above the base flood elevation and be securely anchored to an
adequately anchored foundation system in accordance with the provisions of ACC
15.68.160(A)(2). This paragraph applies to manufactured homes to be placed or
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
substantially improved in an expansion to an existing manufactured home park or
subdivision. This paragraph does not apply to manufactured homes to be placed or
substantially improved in an existing manufactured home park or subdivision
except where the repair, reconstruction, or improvement of the streets, utilities and
pads equals or exceeds 50 percent of the value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced.
15.68.180 Floodways.
Located within areas of special flood hazard established in ACC 15.68.080 are
areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practices with certification provided by a registered professional
engineer (( is pmv!d~d)) demonstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge;
B. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for (1) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (2) repairs,
reconstruction or improvements to a structure, the cost of which does not exceed
50 percent of the assessed valuation of the structure as established by the most
current King County assessor's tax roll, 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 or to structures identified as historic places shall
not be included in the 50 percent;
C. If subsection A of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of this ((ar:ti~-Ie:.)) chapter;
((~5~8A90 r- ......~,,,,,.,,
................ ts)) D. Notwithstanding any other provision of ACC
15.68, the City may permit encroachments within the adopted regulatory f oodway
upon receipt of approval of the Federal Insurance Administrator and completion of
the conditions of this section.
Ordinance No. 4820 Exhibit "A"
Dec~nber 8, 1995
Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1. Prior to a developer beinq authorized to encroach upon the adopted
regulatory floodway to an extent which will cause base flood elevation increases in
excess of those permitted in ACC 15.68.180 (A), the developer shall provide, for
.City review and submission to the Federal Insurance Administrator, the following:
a. A request for conditional approval of map change and the
appropriate initial fee as specified by § 72.3 of 44 CFR Ch.1 Federal
Emergency Management Agency or a request for exemption from fees as
specified by § 72.5 of 44 CFR Ch.1 Federal Emergency Management
Agency. Sections 72.3 and 72.5 of 44 CFR Ch.1 Federal Emergency
Management A.qency are herein adopted by reference in their entirety
including any future amendments thereto;
b. An evaluation of alternatives which would not result in a base flood
elevation increase above that permitted under ACC 15.68.180 (A)
demonstrating why these alternatives are not feasible;
c. Documentation of individual legal notice to all impacted property
owners within and outside of the community1 explaining the impact of the
proposed action on their property;
d. Written concurrence of the Chief Executive Officer of any other
communities impacted by the proposed actions;
e. Written certification that no structures are located in areas which
would be impacted by the increased base flood elevation;
f. A request for revision of base flood elevation determination
according to the provisions of § 65.6 of 44 CFR Ch.1 Federal Emergency
Management A,qency. § 65.6 of 44 CFR Ch.1 Federal Emergency
Management Agency is herein adopted by reference in its entirety;
.q. A request for floodway revision in accordance with the provisions of
§ 65.7 of 44 CFR Ch.1 Federal Emergency Management A.qency. § 65.7 of
44 CFR Ch.1 Federal Emergency Management Agency is herein adopted by
reference in its entirety;
2. Upon receipt of the Federal Insurance Administrator's conditional
approval of map change and prior to the approval of the proposed encroachments,
the developer shall compensate the City for all costs incurred by the City which are
associated with:
a. The City's adoption of flood plain management ordinances
incorporating the increased base flood elevations and/or revised floodway
reflecting the post proiect condition;
b. The City's submittal of evidence to the Federal Insurance
Administrator of the City's adoption of said revised flood plain management
ordinances.
3. Within three (3) months of completion of the proposed encroachments,
the developer shall be responsible for providinq Certified Record Drawin,qs and/or
Ordinance No. 4820 E~hibit "A"
December 8, 1995
Page 13
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
technical or scientific data1 to the City for submittal to the Federal Insurance
Administrator.
18.68.190 Developments within areas of special flood hazard.
((The ...... '**~ .... ~'"* of ...........d-d~ '~
~'~' .... ;°*~ .... '~ ~""";""*"'~ '~ .... ~ ..... ~ ~'"' ""9) Notwithstand n.q any other
provision of ACC 15.68, the City may permit developments within areas of special
flood hazard. Prior to approval for a development which will increase the water
surface elevation of the base flood ((mere-t~Re-feet~at~my-pei~.)) by more
than one foot, a developer must comply with the requirements set forth in ACC
15.68.180 (D).
Ordinance No. 4820 Exhibit "A"
December 8, 1995
Page 14