HomeMy WebLinkAbout6161ORDINANCE NO. 6 1 6 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 15.68 OF THE AUBURN CITY CODE
RELATING TO FLOOD HAZARD AREAS
WHEREAS, Chapter 15.68 of the Auburn City Code, Flood Hazard Areas,
currently does not make a clear demarcation between the duties of the City's
Building and Engineering Divisions under that chapter; and,
WHEREAS, this situation creates the possibility that gaps could exist
between the two divisions' design review processes under Chapter 15.68; and,
WHEREAS, the City Council finds that clarifying the roles of the two
divisions' under Chapter 15.68 would promote the public health, safety, and
general welfare, and minimize public and private losses due to flooding,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Chapter 15.68 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 15.68
FLOOD HAZARD AREAS`
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose
and Objectives
15.68.010
15.68.020
15.68.030
Statutory authorization.
Findings of fact.
Statement of purpose.
Ordinance No. 6161
February 12, 2008
Page 1 of 17
15.68.040 Methods of reducing flood losses.
Article II. Definitions
15.68.050 Interpretation of language.
15.68.060 Definitions.
Article III. 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
Repealed,
15.68.150 Duties and responsibilities of the city of Auburn
engineering division.
15.68.151 Duties and responsibilities of the city of Auburn
building division.
Article V. Provisions for Flood Hazard Protection
15.68.160 General standards of the city of Auburn engineering
division.
15.68.161 General standards of the city of Auburn building
division.
15.68.170 Specific standards of the city of Auburn building
division.
15.68.180 Floodways.
15.68.190 Development within areas of special flood hazard.
15.68.200 Compensatory storage requirement.
Article I. Statutory Authorization, Findings of Fact, Purpose and
Objectives
15.68.010 Statutory authorization.
Ordinance No. 6161
February 12, 2008
Page 2 of 17
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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.1), 1989.)
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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.2), 1989.)
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;
G. To ensure that potential buyers are notified that property is in an area
of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.3),
1989.)
15.68.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and
provisions for:
Ordinance No. 6161
February 12, 2008
Page 3 of 17
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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.4), 1989.)
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. (Ord.
4820 § 1, 1995; Ord. 4357 § 2(2.0), 1989.)
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.
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
equaled 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. "Basement" means any area of the building having its floor sub-ga rde
:,round level) on all sides.
F. "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 or
storage of equipment or materials located within the area of special flood hazard.
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February 12, 2008
Page 4 of 17
F-.-G. "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. H. "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.
f1 -I. "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.
4, -J. "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 _ K. "Lowest floor' means the lowest floor of the lowest enclosed area
(including basement)) measured at the walking surface of the floor. 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 1-5:6"7-Gl 5.68.170(A)(2).
K- L. "Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is designed for use
with or without a permanent foundation when connected to the required utilities.
For floodplain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles placed on a site
for greater than 180 consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel trailers, and other
similar vehicles.
L. ---M. "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 ---N. "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-:_G. "Recreational Vehicle" means a vehicle
1. Built on a single chassis;
2. 400 s oars feet or less' when measured at the lar est horizontal
pro ec tion,
3. Designed to be self-propelled or permanently towable by a light duty
and
4. Designed p .,' not for use as a permanent dwelling but as
temporary living quarters for recreation, camping, travel, or seasonal use.
Ordinance No. 6161
February 12, 2008
Page 5 of 17
P. "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.
G----Q- "Structure" means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
P: R. "Substantial improvement" or "substantially improved" 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 or Pierce 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 wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Q S. "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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(2.1 - 2.17),
1989.)
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). (Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.)
Ordinance No. 6161
February 12, 2008
Page 6 of 17
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 May 16, 1995, and any revisions thereto
with an accompanying Flood Insurance Rate Maps--+s---Map (FIRM), and any
revisions thereto are hereby adopted by reference and declared to be a part of
this chapter. The Flood Insurance Study +sand FIRM are on file at 25 West Main,
Auburn, Washington 98001. The best available information for flood hazard area
Jentification as outlined in ACC 15.68,1506 shall be the basis for regulation until
new FIRM is issued that incorporates data utilized under ACC 15.68.1508.
(Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.2), 1989.)
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. (Ord. 4820 § 1, 1995; Ord. 4502 § 20,
1991; Ord. 4357 § 2(3.3), 1989.)
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. (Ord. 4820 § 1,
1995; Ord. 4357 § 2(3.4), 1989.)
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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2 (3.5), 1989.)
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
Ordinance No. 6161
February 12, 2008
Page 7 of 17
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. (Ord. 4820 § 1,
1995; Ord. 4357 § 2(3.6), 1989.)
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
15:6-089-:15.68.080. The permit shall be for all structures including
manufactured homes, as set forth in ACC -1-5-.-6S-Q6615.68.060, and for all other
development including fill and other activities, also as set forth in ACC
14.48-.064-.15,68.060. Application for a development permit shall be made on
forms furnished by the city building-AeW-mera-t 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 that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in ACC
.. ? 15.68.170(6); 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."
(Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.)
15.68.140 Desig-na-tiGa-cif the-city -Gf--A re--e4neeritig4vieiGn:
she i i±? nei?inu°f --£1?b?171? it ?r
?:' ant #1a = h ?....by -gra 4+
;ccrdanc: b itsrevisicns: Repealed (Ord. 4820 § 1, 1995; Ord. 4357 §
2(4.2), 1989.)
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.
Ordinance No. 6161
February 12, 2008
Page 8 of 17
1. Review all engineering related development permits to determine that
the permit requirements of this chapter have been satisfied including grading,
transportation, utilities, and flood control zone permits;
2. Review all engineering related 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 4-5-48-.1-8415.68.180 (A) are met.
B. Use of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with ACC 15.68.08015.68.080, 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 ACC45-.6947015.68.170(A) and (B), and 15.68.180.
C. Inferrna-t+or44o-be--O tainom- Uaintained.
T Where -dam-fieod -tf?e--Floyd
to _-as-i?a---A ,
actual---elevat+eri _ (n--refat+on to--r ean---sea__-lecve1---of- the-4owest--k-a-bit-ab4e fl r
ti-n-GWd+
o? -nom tl?e-s-tr
2.--For all-never-or-substant+a4y4ngpfGve4€lo
. .°?ffy-? .. ,' C-?-?crh??tt??1 ?3e-»sr.tinrr lin rnl•-+}inn En mn?ri s??r?'c?ve-Ci-?j-,
and
b: _-Mai-n?ta+n--. the fl roofing- __G"f+catGn-s__-required --+n .--ACG
&-6 `& T20(AkV,
4- -pertaining , to- thie faros -.1-ens of
this chapter
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.
&--Q, 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). (Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.)
Ordinance No. 6161
February 12, 2008
Page 9 of 17
15.68.151 Duties and responsibilities of the city of Auburn building division.
Duties of the city building divisions shall include but not be limited to-
A. Permit Review.
1. Review all building related development permits to determine that the
permit requirements of this chapter have been satisfied including buildin
addition and alteration permits and;
2. Review all buildinq related development permits to determine that all
necessary permits have been obtained from those federal, state or local
overnmental a envies from which rior a royal is re aired.
3. Review all buildinq related projects to determine that the procedures for
projects within a special flood hazard area have been applied.
B. 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 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 floodprroofed structures:
a. Verify and record the actual elevation (in relation to mean sea lever,
and
b. Maintain the floodproofinq certifications required in ACC
18.130(A}(3);
3. Maintain for public inspection all building-related records pertaining to
the provisions of this chapter.
Article V. Provisions for Flood Hazard Protection
15.68.160 General standards: of the city of Auburn engineerinq division
to-all areas -spe-Gjat---fiood ha-zaards the following standards are Fe-1,
Ancfer-+n-.
substantial 1_1 be an_ho4?e
an?#
rr ?Y
2 e -Alf-n,v ufaetu ed home --rte
_F Is. and
es
oilapse or
t#at .r i+.
ethods ma, 111---, .
tom. -??se---of--over-tep or--fra+?e- dies---?.-?reu?d---sEr?e?er-:r-{R?fe?nee F?-MA'-s
nsta Lion--iR e?ena4
B ---C-o r t-rructien-- teriats and--Meth-o .
its Shall beGon-&?d-
a -AI#rtr}stst+a ar-
-?+t? ity E?ri price
with--rea-te-raa l s and
2..A4-new---en+stru<:: inn -and-s€ b-stantiat--im- pr-eve+neRts--,Aal -e-er+stmGted
usi?+g- meth cad c?-ant-?rac? `,.?; µ
Ordinance No. 6161
February 12, 2008
Page 10 of 17
so-as--to---prevent water---from-e-n#ering o -acc- rnutat+ g--wit?+r? tae car pine is
ct?+i???nd+t?e ra s- e?-freed-in g-
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.
8-4. All new streets shall be designed to insure the lowest finished
surface elevation is a minimum of one (1) foot higher than the adjacent 100-year
flood elevation.
B. 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 by the applicant
and approved by the engineering division for subdivision proposals and other
proposed developments which contain at least 50 lots or five acres (whichever is
less).
15.63.161 General standards of the city of Auburn building division. In all areas
of sue, L "cod hazards the following standards are required.
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,
(,Al -i )re or lateral movement and shall be installed using methods and practices
.? °iinimize flood damage Anchoring methods may include, but are not limited
to use of over-the-top or f ame ties to ground anchors (Reference FEMA's
"Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques).
B. Construction Materials and Methods.
Ordinance No. 6161
February 12, 2008
Page 11 of 17
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities shall be desi ned and/or otherwise elevated or located
so as to prevent water from entering or accumulating within the components
durin conditions of flooding.
C. Review of Building Permits. Where elevation data is not available either
through the Flood Insurance Study or from another authoritative source (ACC
44915.68.150(6)), 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. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.1), 1989.)
15.68.170 Specific standards. of the city of Auburn building division.
In all areas of special flood hazards where base flood elevation data is
provided as set forth in ACC r. 15.68.080 or F. ' r 15.68.150(6), 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. Enclosed crawl space areas no taller than
three feet, measured from the lowest ground within the crawl space to the bottom
of the structural system_directl su ortin the Haar slab or sheath in above,
shall not be considered as a basement.
2. Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, or shall be designed to automatically equalize hydrostatic and
hvdrodvnamic 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
Ordinance No. 6161
February 12, 2008
Page 12 of 17
either have the lowest floor, including basement, elevated one foot or more
above the level of the base flood elevation; or, together with attendant utility and
sanitary facilities, shall:
1. Be floodproofed so that below one foot above the base flood level the
structure is watertight with walls substantially impermeable to the passage of
water;
2. Have structural components capable of resisting hydrostatic and
hydrodvnamic loads and effects of buoyancy;
3. Be certified by a registered professional engineer or a registered
professional 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 44768-4,5 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
47-015.68.170(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-,68,16015,68.160(A)(2). phis--subsection--applies--te- nufae-tu-red homes
???a-r+ufaot - .
manufaetu-red---homes to be placed .o-F_-sobstantifa4--4rniDfoved--in -ao---existing
the._vaW- e of .tbe--streets., utilities---a-tad--pads--before-the-TC-WEr-;._ ens en or
r
D. Recreational Vehicles. Recreational vehicles placed on sites are
required to either: ?--?
1. Be on the site for fewer than 180 consecutive days, (or)
2. Be fully licensed and read fy or highway use, on wheels or jacking
sys em attached to the sits only bV quick disconnect type utilities and security
_c.ns, and have no perm entl ry attached additions: or
3. Meet the require cts of ACC 15.68.1700. above and the elevation
and anchoring requirement- Iii. manufactured homes. (Ord. 4820 § 1, 1995; Ord.
4357 § 2(5.2), 1989.) ?-
Ordinance No. 6161
February 12, 2008
Page 13 of 17
15.68.180 Floodways.
Located within areas of special flood hazard established in ACC
fir. 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 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 or Pierce 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 chapter;
D. Notwithstanding any other provision of Chapter 15.68 ACC, the city
may permit encroachments within the adopted regulatory floodway upon receipt
of approval of the Federal Insurance Administrator and completion of the
conditions of this section.
1. Prior to a developer being 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 Section 72.3 of 44 CFR Ch.1 Federal Emergency
Management Agency or a request for exemption from fees as specified by
Section 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 Agency are
herein adopted by reference in their entirety including any future amendments
thereto;
Ordinance No. 6161
February 12, 2008
Page 14 of 17
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 community, 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 Section 65.6 of 44 CFR Ch.1 Federal Emergency Management
Agency. Section 65.6 of 44 CFR Ch.1 Federal Emergency Management Agency
is herein adopted by reference in its entirety;
g. A request for floodway revision in accordance with the provisions of
Section 65.7 of 44 CFR Ch.1 Federal Emergency Management Agency. Section
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 floodplain management ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting the post
project condition;
b. The city's submittal of evidence to the Federal Insurance Administrator
of the city's adoption of said revised floodplain management ordinances.
3. Within three months of completion of the proposed encroachments, the
developer shall be responsible for providing certified record drawings and/or
technical or scientific data, to the city for submittal to the Federal Insurance
Administrator. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.)
15.68.190 Developments within areas of special flood hazard.
Notwithstanding any other provision of Chapter 15.68 ACC, 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 by
more than one foot, a developer must comply with the requirements set forth in
ACC 15.68.180(D). (Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4), 1989.)
16.68.200 Compensatory sl,),-,re requirement.
A. Development prop ,als shall not reduce the effective base flood
storage elevation. Where fill, grading or other activities that may displace the
Ordinance No. 6161
February 12, 2008
Page 15 of 17
effective base flood storage volume are proposed, compensatory storage shall
be required. Compensatory storage shall:
1. Provide equivalent volume at equivalent elevations to that being
displace:
2. Hydraulically cone, t to the source of the flooding;
3. Provide comma -y storage in the same construction season as
when the displacement of tonod storage volume occurs. Allowances may be
granted on a case-by case basis to allow sequential construction if the timing of
the work can not meet wintertime/flood construction schedules and
. Occur on-site or, if approved by the City Engineer, at a hydraulically
connected off-site location.
5. Provide documentation of a restrictive easement acceptable to the
engineering division to ensure 'continued existence of the compensatory flood
storacie.
B. Certification by a,registered professional engineer may be required as
documentation that the comensatory storage requirement shall be met by the
development p?posal=
'i-Code rev+ser's r?c?te: Ord-4195 was repele€# by--0rd49? wlfch +s cc>difted i
Ate;--?ter?-+r?age-?til+ty-
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Ordinance No. 6161
February 12, 2008
Page 16 of 17
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
DATED and SIGNED this A?-day of 2008.
INTRODUCED: FEB 19 2008
ATTEST:
ka'z\d 2-?C?
Danielle E. Daskam,
City Clerk
Published: Z z?c??C
PASSED: FEB 19 2008
APPROVED: FEB 19 2008
C ITY, Of LIRN
PETER B. LEWIS
MAYOR
Ordinance No. 6161
February 12, 2008
Page 17 of 17
APPROVED AS TO FORM: