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ORDINANCE N0. 3 6 1 3
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING REGULATIONS
TO PREVENT FLOOD DAMAGE WITHIN THE CITY LIMITS OF AUBURN,
WASHINGTON.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
1.1 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:
1.2 FINDINGS OF FACT
(1) The flood hazard areas of the City of Auburn 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.
(2) 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.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance 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:
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Ordinance No. 3613
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3-1B-31
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood
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 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 assume responsibility for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes 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 flood plains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may in-
crease flood hazards in other areas.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common usage
and to give this ordinance its most reasonable application.
"APPEAL" means a request for a review of the City of Auburn Building
Division',s?interpretation of any provision of this ordinance or a request
for a variance.
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Ordinance No. 3613
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3-18-81
"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.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within
a community subject to a one percent or greater chance of flooding in any
given year.
"BASE FLOOD" means the flood having a one percent chance of being equalled
or exceeded in any given year.
"DEVELOPMENT" means any man-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 located
t
within the area of special flood hazard.
"EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a parcel
(or contiguous parcels) of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the lot on
which the mobile home is to be affixed (including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of this ordinance.
"EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION"
means the preparation of additional sites by the construction of facilities for
servicing the lots on which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or pouring of concrete pads,
or the construction of streets).
"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.
"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.
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Ordinance No. 3613
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"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.
"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.
"HABITABLE FLOOR" means any floor usable for living purposes, which in-
cludes working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not a "habitable floor".
"MOBILE HOME"-means a structure that is transportable in one or more
sections, built on a permanent chassis, and designed to be used with or without
a permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
"NEW CONSTRUCTION" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
"NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a parcel (or
contiguous parcels) of land divided into two or more mobile home lots for rent
or sale for which the construction of facilities for servicing the lot (.in-
cluding, at a minimum, the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of streets) is completed
on or after the effective date of this ordinance.
"START OF CONSTRUCTION" means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring of slabs
or footings of any work beyond the stage of excavation. 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 as part
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Ordinance No. 3613
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3718-8.1
of the main structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof on its
piling or foundation. For mobile homes not within a mobile home park or
mobile home subdivision, "start of construction" means the affixing of the
mobile home to its permanent site. For mobile homes within mobile home parks
or mobile home subdivisons, "start of construction" is the date on which the
construction of facilities for servicing the site on which the mobile home is
to be affixed (,including, at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads and installation of utilities)
is completed.
"STRUCTURE" means a walled and roofed building or mobile home that is
principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences,
whether or not that alteration affects the external
dimensions of the structure.
The term does not, however, include either:
Cl) 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.
"VARIANCE" means a grant of relief from the requirements of this Ordinance
which permits construction in a manner that would otherwise be prohibited by
this Ordinance.
SECTION 3.0
GENERAL PROVISIONS
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Ordinance No. 3613
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3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the City of Auburn.
3.2 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 Aubur", dated June 1, 1981, with accompanying
Flood Insurance Maps is hereby adopted by reference and declared to be a part
of this ordinance. The Flood Insurance Study is on file at 25 West Main,
Auburn, Washington 98002.
3.3 COMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit or repeal any other powers granted
under state statutes.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance 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.
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Ordinance No. 3613
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3-18-81
This ordinance 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 Ordinance shall not create liability on the part of
the City of Auburn, any officer or employee thereof, or the Federal In-
surance Administration, for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
SECTION 4.0
ADMINISTRATION
4.1
ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development permit shall be obtained before construction or development
begins within any area of special flood hazard established in Section 3.2.
The permit shall be for all structures including mobile homes, as set forth
in the "DEFINITIONS," and for all other development including fill and other
activities, also as set forth in the "DEFINITIONS." Application for a
development permit shall be made on forms furnished by the City of Auburn
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;
(3) Certification by a registered professional engineer
of architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 5.2-2; and
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed
development.
4.2
DESIGNATION OF THE CITY OF AUBURN BUILDING DEPARTMENT
The City of Auburn Building Department is hereby appointed to administer
and implement this ordinance by granting,or denying development permit
applications in accordance with its provisions.
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4.3 DUTIES AND RESPONSIBILITIES OF THE CITY OF AUBURN BUILDING DEPARTMENT
Duties of the City of Auburn Building Department shall include, but
not be limited to:
4.3-1 Permit Review
(1) Review all development permits to determine that the
permit requirements of this ordinance 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 Section 5.3(1) are met.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance
with. Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the City of Auburn Building Department shall obtain, review,
and reasonably utilize any base flood elevation data available from
a federal, state or other source, in order to administer Sections
5.2-1, SPECIFIC STANDARDS, Residential Construction,and 5.2-2 SPECIFIC
STANDARDS, Nonresidential Construction.
4.3-3 Information to be Obtained and Maintained
(1) 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:
(i) verify and record the actual elevation
(in relation to mean sea level), and
(.ii) maintain the floodproofing certifications
required in section 4.1(3).
(3) Maintain for public inspection all records pertaining to
the provisions of this ordinance.
4.3-4 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.
4.3-5 Interpretation of FIRM Boundaries
Make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (for example,
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Ordinance No. 3613 -Page Eight
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 Section 4.4.
4.4 VARIANCE PROCEDURE
4.4-1 Appeal Board
(1) The Board of Adjustment as established by the City of
Auburn shall hear and decide appeals and requests for
variances from the requirements of this ordinance.
(2) The Board of Adjustment shall hear and decide appeals.
when it is alleged there is an error in any requirement,
decision, or determination made by the City of Auburn
Building Department in the enforcement or administration
of this ordinance.
(3) Those aggrieved by the decision of the Board of Adjustment,
of any taxpayer, may appeal such decision to the King County
Superior Court, as provided in State law.
(4) In passing upon such applications the Board of Adjustment shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance, 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 to 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 anticipated development;
(viii) the relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
(ix) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and,
(xi) the costs of providing governmental services during and
after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
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Ordinance No. 3613
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(5) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
on-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the
base flood level, providing items (.i-xi) in Section 4.4-1(4)
have been fully considered. As the lot size increases beyond
the one-half acre, the technical justification required for
issuing the variance increases.
(6) Upon consideration of the factors of Section 4.4-1(4), and the
purposes of this ordinance, the Board of Adjustment may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(7) The City of Auburn Building Department shall maintain the
records of all appeal actions and report any variances to
the Federal Insurance Administration upon request.
4.4-2 Conditions for Variances
(1) 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 the remainder of
this section.
(2) Variances 'shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge
would result.
(3) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(4) 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 hard-
ship to the applicant; and,
(iii) a determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the public
as identified in Section 4.1-4(4), or conflict
with existing local laws of ordinances.
5) 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.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD PROTECTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
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Ordinance No. 3613
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5.1-1 Anchoring
(1) All new construction ans substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure.
(2) All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top and frame ties to
ground anchors. Specific requirements shall be that:
(.i) over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than 50 feet
long requiring one additional tie per side;
(.ii) frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile
homes less than 50 feet long requiring four additional ties
per side;
(.iii) all components of the anchoring system be capable of carrying
a force of 4,800 pounds; and,
(.iv) any additions to the mobile home be similarly anchored.
(3) An alternative method of anchoring may involve a system designed to
withstand a wind force of 90 miles per hour or greater. Certification
must be provided to the City of Auburn Building Department, that this
standard has been met.
5.1-2 Construction Materials and Methods
Cl) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2) All new construction ans substantial improvements shall be constructed
using methods and practices that minimize flood damage.
5.1-3 Utilities
(1) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(2) New and replacement sanitary sewage systems shall be designed to
minimize of eliminate infiltration of flood waters into the systems
and.discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
5.1-4 Subdivision Proposals
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least
50 lots or 5 acres (whichever is less).
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Ordinance No. 3613
Page Eleven
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5.1-5 Review of Building Permits
Where elevation data is not available, 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.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data, the following
provisions are required:
5.2-1 Residential Construction
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to or above base
flood elevation.
5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor, in-
cluding basement, elevated to the level of the base flood elevation; or,
together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below 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 standards of this subsection are satisfied.
Such certifications shall be provided to the official as set
forth in Section 4.3-3(2). '
5.2-3 Mobile Homes
(1) Mobile home shall be anchored in accordance with Section 5.1-1.
(2) For new mobile home parks and mobile home subdivisions; for
expansions to existing mobile home parks and mobile home
subdivisions; for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction or improvement
of the streets, utilities and pads equals or exceeds 50 percent
of value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and for mobile
homes not placed in a mobile home park or mobile home sub-
division, require that:
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Ordinance No. 3613
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(i) stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile
home will be at or above the base flood level;
(ii) adequate surface drainage and access for a hauler
are provided; and,
(iii) in the instance of elevation on pilings, that:
--lots are large enough to permit steps,
--piling foundations are placed in stable soil
no more than ten feet apart, and
--reinforcement is provided for pilings more
than six feet above the ground level.
(3) No mobile home shall be placed in a floodway, except in an
an existing mobile home park.or existing mobile home sub-
division.
5.3
FLOODWAYS
Located within areas of special flood hazard established in Section 3.2
are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions
apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
(2) If Section 5.3(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 5.0 PROVISIONS
FOR FLOOD HAZARD REDUCTION.
(3) Prohibit the placement of any mobile homes, except in an
existing mobile home park or existing mobile home subdivision.
PUBLISHED: APRIL 16, 1981
Section 6. This Ordinance shall take effect and be in force five (5) days
from and after i:ts passage, approval and publication, as provided by law.
INTRODUCED: APRIL 6, 1981
PASSED: APRIL 6 1981
APPROVED: APRIL 6, 1981
ATTEST:
MAYOR
4 _
A& D Otn
City Clerk
APPROV D A TO JR.
City Attorney
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Ordinance No. 3613
Page Thirteen & last
1.
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full, true and correct copy of Ordinance No. 3613 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING REGULATIONS TO PREVENT FLOOD DAMAGE WITHIN
THE CITY LIMITS OF AUBURN, WASHINGTON.:'
I certify that said Ordinance No. 3613 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 6th day of
April A.D., 19 81 .
I further certify that said Ordinance No. 3613 was published as provided
by law in the Daily Globe News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 16th day of April
A.D., 19 81
WITNESS my hand and the offical seal of the City of Auburn, this 13th
day of April , A.D., 19 81
CITY CLERK OF THE CITY OF A BURN