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HomeMy WebLinkAboutItem VI-A crrxoF ~ * * Memorandum #Iy V, m ~ ~ - WASHINGTON TO: Planning Commission FROM: Chris Andersen, Interim Environmental Protection Manager CC: Pete Lewis, Mayor Kevin Snyder, Interim Director, Planning and Development Department Jeff Dixon, Principal Planner Elizabeth Chamberlain, Principal Planner ' Dennis Dowdy, Director, Public Works Department Dennis Selle, City Engineer/Assistant Public Works Director Ingrid Gaub, Assistant City Engineer Tim Carlaw, Storm Drainage Engineer Dan Heid, City Attorney Steve Gross, Assistant City Attorney DATE: January 29, 2010 SUBJECT: Study Session - NFIP-ESA Floodplain Regulatory Requirements The February 2, 2010 Planning Commission meeting will be a study session for the Commission to review information regarding anticipated new regulatory requirements to be issued by the Federal Emergency Management Agency (FEMA) for the National Flood Insurance Program (NFII'). Backeround On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion (Bi-Op) as par[ of a court-ordered Endangered Species Act (ESA) consultation with the Federal Emergency FEMA regarding the on-going implementation of the NFIP. The Bi-Op concluded that the NFIP as then conducted jeopardized endangered species and resulted in the adverse modification of habitat. As a result of the Bi-op, FEMA and communities par[icipating in the NFIP are required to implement a series of actions, including adoption of new or amended regulations to ensure future compliance with the ESA. Study Session FEMA is currently finalizing a model floodplain development ordinance that the agency plans to release for public review and comment within the next two weeks. Once finalized, the model ordinance will be distributed to local jurisdictions for use in adopting local jurisdiction floodplain regulations that meet the minimum requirements of the ESA (Bi-Op). Key elements of the model ordinance are expected to include: • Identification of areas associated with 100-year floodplain to be regulated for potential impacts to endangered species and critical habitat; • Requirements for administration of floodplain development permits to ensure ESA compliance; and • Habitat impact assessment and mitigation requirements for development proposed in the floodplain. Appendix B. NFIP Ordinance Checklist [AUNewJ For more information on this checklist, contact the FEMA Regional Office. The "A - E" columns are based on the data provided on the communiTy's Flood Insurance Rate Map: A= Flood Hazard Boundary Map B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways E= Flood Insurance Rate Map with floodways and V zones Blacked out sections are not applicable. Riverine Commuuities FEDERAL/CITY CRITERIA & MODEL ORDINANCE REFERENCE REGULATION REFERENCE 1 MODEL ORDINANCE 3.2.A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD ~ The areas of special flood hazard identified by the 44 CFR Federal Insurance Administration in a scientific and 603(c)(1)d)(2) engineering report entitled "The Flood Insurance Study for (community name__) " dated (20), and 15.68.060FF any revisions thereto*, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto*, aze hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file a[ (communiry address_j. The best available information for flood hazard area identification as outlined in Sections 3.2, 33, and 3.5 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Sections 33.F and 3.5. * In some communities, the phrase "and any revisions thereto" is not considered legally binding and should not be adopted. 2 MODEL ORDINANCE 4.1 DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before 44 CFR 60.3(b)(1) construction or developmen[ begins within any area of 15.68.130 special flood hazard established in Section 3.2. The permit shall be for all structures including marmfactured homes, as set forth in the "Defini[ions," and for all development including fill and other activities, also as set forth in the "Definitions." City oFAubum NFIP-ESA Checklist B-1 January 28, 2010 DRAFT FEDERAL/CITY CRITERIA & MODEL ORDINANCE REFERENCE REGULATION REFERENCE ALTERATION OF WATERCOURSES Notify adjacent communities and the Department of 44 CFR 60.3(6)(6) Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 7 MODEL ORDINANCE 7.9.C 15.68.150D ALTERATION OF WATERCOURSES Require that maintenance is provided within the altered 44 CFR 60.3(6)(6) . or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 8A MODEL ORDINAN,CE 6.2.C 15.68.170A(4), ANCHORING All new construction and substantial improvements shall 44 CFR be anchored to prevent flotation, collapse, or lateral 60.3(a)(3)(i) movement of the structure. 8B MODEL ORDINANCE 6.4.B 15.68.161A(2) ANCHORING All manufactured homes shall be anchored to prevent 44 CFR 60.3(b)(8) 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 overvthe-top orframe ties to ground anchors. For more detailed information, refer to guidebook, FEMA-85, "Manufactured Home Installation in Flood Hazard Areas. " 8D MODEL ORDINANCE 6.2.D 15.68.170(5) CONSTRUCTION MATERIALS AND METHODS All new construction and substantial improvements shall 44 CFR be constructed with materials and utility equipment 603(a)(3)(ii) resistant to flood damage. 8E MODEL ORDINANCE 6.2 - 6.6 15.68.170 CONSTRUCTION MATERIALS AND METHODS All new construction and substantial improvements shall be constructed using methods and practices that minimize QQ CFR flooddamage. 60.3 (a) (3) (ii i) 8F MODEL ORDINANCE 6.2.E 15.68.170A(6) CONSTRUCTION MATERIALS AND METHODS Electrical, heating, ventilation, plumbing, and air- City of Aubum NFIP-ESA Checklist B- 3 January 28, 2010 DRAFT ' FEDERAL/CITY CRITERIA & MODEL ORDINANCE REFERENCE REGULATION REFERENCE 60.3(a)(4)(iii) 44 CFR 60.3(b)(3) 11 MODEL ORDINANCE 6.2 15.68.170A RESIDENTIAL CONSTRUCTION (I) New construction and substantial improvement of any residential structure shall have the lowest floor, including 44 CFR 60.3(c)(2) basement, elevated one foot or more* above the base flood elevation (BFE). * Minimum standards require the lowestJlaor to be elevated "to or above" the BFE; however, adding an additional foot offreeboard increases safery and reduces insurance premiums and rts adoption is strongly encouraged by FEMA. This note applies throughout the model ordinance. (2) Fully enclosed areas below the lowest floor that are 44 CFR 60.3(c)(5) subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on e#erior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 12 MODEL ORDINANCE 6.3 15.68.170B NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure 44 CFR ~ shall either have the lowest floor, including basement, 60~~()(i elevated one foot or more above the base flood elevation; .3 c 3 or, together with attendant utility and sanitary facilities, ' City of Aubum NFIP-ESA Checklist B- 5 January 28, 2010 DRAFT FEDERAL/CITY CRITERIA & MODEL ORDINANCE REFERENCE REGULATION REFERENCE and (2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park 44 CFR or subdivision that are not subject to the above 60.3(c)(12) manufactured home provisions be elevated so that either. (i) The lowest floor of the manufactured home is 44 CFR elevated one foot or more above the base flood 60.3(c)(12)(i) elevation, or (ii) The manufactured home chassis is supported by qq CFR reinforced piers or other foundation elements of at 60.3(c)(12)(ii) least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation ' system to resist flotation, collapse, and lateral movement. 14 MODEL ORDINANCE 6.5 15.68.170D RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to 44 CFR either. 60.3(c)(14)(1-iii) (i) Be on the site for fewer than 180 consecutive days, (or) (ii) Be fully licensed and ready for highway use, on its wheels orjacking system, is attached to the site only by quick disconnect type utilities and securiry devices, and " have no permanently attached additions; or (iii) Meet the requirements of 6.4 above and the elevation and anchoring requirements for manufactured homes. 15 MODEL ORDINANCE 3.5, 7.S.B 15.68.180, AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS 15.68.060D(3) In areas with base flood elevations (but a regulatory 15.68.160C floodway has no[ been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 44 CFR and AE on the community's FIRM, unless it is 60.3(c)(10) demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. . 16 MODEL ORDINANCE 7.5.A 15.68.180C FLOODWAYS City of Auburn NFIP-ESA Checklist B- 7 Januaxy 28, 2010 DRAFT Communities with Shallow Flooding FEDERAL CRITERIA & MODEL ORDINANCE REFERENCE REGULATION REFERENCE 17 MODEL ORDINANCE 333, plus others, as noted 15.68.060(2) STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of oPTIONAc flooding is unpredictable and where velocity flow may be PROV/S/oN evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: ' Section 6.2 -(1) New construction and substantial improvements of residential structures and manufactured 44 CFR 60.3(c)(7) homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). 44 CFR 603(c)(8) Section 63 -(2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor (including basement) 44 CFR elevated above the highest adjacent grade of the 60.3(c)(8)(ii) building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that leve] so tha[ any space below tha[ leve] is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect as in sections 4.2.1), 44 CFR 4.6, 4.7.A.1. 60..3(c)(11) Sections 5.1.E, 5.2.C -(3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. Section 6.5 -(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i) Be on the site for fewer than 180 consecutive days, or City of Aubum NFIP-ESA Checklist B- 9 January 28, 2010 DRAFT of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters and/or 2) The unusua] and rapid accumulation of runoff of surface waters from any source. FLOOn I1vSUxaNCE Rn'rE Mar (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. FLOOD INSURANCE STUDY (FIS): means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water surface elevation of the base flood. FLooDWnY: 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 ele'vation more than one foot. LOweST F1.oox: means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance found at Section 6.2.17, (i.e. provided there are adequate flood ventilation openings). MANUFnCTURED HOME: means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not indude a"recreational vehicle." MANUFACTURED Hob1E PARK OR SUBDiN7SION: means a parcel - (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEN CONSTRUCT[ON: means structures for which the "start of construction" commenced on or after the effective date of this ordinance. RECRF,ATIONAL VEHICLE: m¢anS a VehlCle, 1) Built on a single chassis; 2) 400 square feet or less when measured at Uie largest horizontal projection; 3) Designed to be self-propelled or permanently towable by a light duty truck; and 4) Designed primarily not for use as a permanent dwelling but as temporary living quaRers for recreational, camping, travel, or seasonal use. City of Auburn NFIP-ESA Checklist B- i l January 28, 2010 DRAFT City of Auburn NFIP-ESA Checklist B-13 January 28, 2010 DRAFT Appendix F. Biological Opinion Checklist The community must show where its regulations, processes, and procedures meet the minimum criteria for the NFIP (44 CFR 59 - 60) and the Endangered Species Act (as clarified by the Biological Opinion, RPA efements 2 and 3 and Appendix 4). The checklist for the NFIP requirements is in Appendix B. This checklist is for the ESA/Biological Opinion criteria. The requirements are abbreviated here. The full requirements are in the Biological Opinion pages that are included in Appendix E of this document. The recommended regulatory language is in the noted sections of the Model Ordinance. If the community already has adopted the provision, the ordinance section or other regulatory reference should be entered in the third column. If the community's regulations do not fulfill the provision, the noted language in this Model Ordinance can be used. Model Community ESA Biological Opinion Provision Refer nce Ordinance Regulations Section Referertce 1. Activities Affected All "developmenY" in the areas affected must comply with these provisions. The BiOp added the last two phrases to the NFIP definition of "development:" any man-made change to improved or unimproved real ApP• 4, 2. 15.08.060 estate, including but not limited to buildings or other footnote 23 Definitions structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of substantial amounts of veeetation, or alteration of natural site characteristics. 2. Mapping Criteria a. In addition to the Special Flood Hazard Area (SFHA) and floodway on the community's Flood Insurance Rate Map, the following areas must be delineated. 1) Riparian habitat zone (RHZ), using dimensions RPA 3.A, from the May 14, 2009, errata letter. App. 4, Section I, 3.4.C 15.68.1351 5/14/09 Errata letter page 6 2) Channel migration zone (CMZ) plus 50 feet, to RPA 3.A, the degree that such information is available. App. 4, 3.4.1) 15.68.060F Section 1 City of Aubum NFIP-ESA Checklist F- 1 January 14, 2010 DRAF'I' e. Uses that are not permitted in the Protected Area unless shown not to adversely affect water qualiTy, habitat, etc., include septic tanks and drain fields, App. 4, 53 15.68.170E dumping of any materials, hazardous or sanitary Section 1 waste landfills; receiving areas for toxic or hazardous waste or other contaminants. 5. Habitat Protection Standards a. Any improvements or repairs to existing structures that result in a greater than 10 percent increase of RPA 3.A.4 7.2.13 15.68.130 the structure footprint must mitigate for any adverse effects. b. Removal of native vegetation must leave 65 percent of the surface area of the portion of the SecPon 3.7 7•4 15.74? • property in the floodplain in an undeveloped state. a The community must prohibit development in the floodway, RHZ, and CMZ or demonstrate that any proposed development in the area does not RPA 3.A.2, 7.7 adversely affect water quality, water quantity, App. 4, 16.10.080H flood volumes, flood velocities, spawning Section 1, 4 7.8 substrate, and/orfloodplain refugia for listed salmonids. d. Any development in the floodplain must mitigate for effects on stormwater, riparian vegetation, bank App. 4, 7•7 stability, channel migration, hyporheic zone, Section 3 7.8 16.10.080H wetland and large woody debris functions e. In the SFHA outside the Protected Area, require Credited by zoning to maintain a low densiTy of floodplain S cPon 3.2 the CRS, n/a development (431 LD.b) £ All structures must be set back at least 15 feet from the Protected Area and sited as close to the SFHA APP' 4' 5.2.A 18.49? boundary as possible Section 33 g. The proposed action must be designed and located so that new structural flood protection is not App 4 ' Note 1. ? needed Section 3.8 h. New road crossings over streams are prohibited App. 4, Note 2. ? Section 3.10 Note L There is no specific section for this requirement. It is the objective of tfie ordinance to have all new construction protected from flooding so that no additional flood protection measures are needed. City of Aubum NFIP-ESA Checklist F- 3 January 14, 2010 DRAFT Ciry of Auburn NFIP-ESA Checklist F- 5 ' January 14, 2010 DRAFT Wol'k Plan - FEMA-ESA Model Ordinance Completion by March 15, 2010 pending issuance of Final Model Ordinance by FEMA Date Action January 8, 2010 Floodplain Review Committee Meeting- Kick-off meeting for draftin ofAuburn's ESA-flood lain re ulations Week of January 11-15, 2010 GIS/Planning/Public Works- refine draft analysis maps for use in identifying components of Regulatory Floodplain- CMZ, RHZ, SFHA 3 FIRM ma scenario's Week of Janua 11-15, 2010 Le al/Plannin - com lete initial draft of new/amended re ulations January 19-February 1, 2010 GIS/Planning/Public Works- refine draft analysis maps for use in identifying components of Regulatory Floodplain- CMZ, RHZ, SFHA 3 Scenario's February 1-15, 2010 Staff preparation of environmental review (SEPA) checklist document for amendments to Titles 15, 16, 17 and 18 and Dept. of Commerce Ex edlted Review re uest , February 2, 2010 Staff briefing to Planning Commission on needed changes to Titles 16, 17 and 18 to support changes to Chapter 15.68 (Flood Hazard Areas February3, 2010 7 PCDC and PW Special Joint Meeting to brief Committees on re uirements of new re ulations & review staff re ared ma in February 4-5, 2010 Legal/Planning/Public Works/GIS- Revise draft regulations and ma in to res ond to Committees' comments February 8, 2010 2" PCDC and PW Special Joint Meeting to review draft ordinance lan ua e for Cha ter 15.68 Flood Hazard Areas February 15, 2010 Staff issuance of SEPA determination on amendments to Titles 15, 16, 17 and 18 and submittal of Expedited Review request to De t. of Commerce February 16, 2010 Floodplain Review Committee- finalize proposed floodplain re ulations and Re ulato Flood lain ma February 22, 2010 PCDC-Review draft regulations and mapping February 23, 2010 Planning Commission public hearing on proposed amendments to Titles 16, 17 and 18 March 1, 2010 PWC- Review draft regulations, mapping & recommendations of Plannin Commission March 8, 2010 PCDC Action- Recommend a roval to Cit Council March 15, 2010 City Council adoption of final floodplain development Regulations; to be effective upon approval by FEMA. Adoption of Emergency Re ulations as re uired to re eal moratorium. May 18, 2010 Schedu/ed expiration of City Floodplain Deve/opment Moratorium Key Issues: . • Mapping effort will include'mapping oul' areas not currently providing habitat function for Regulatory Floodplain mapping- to be submitted to FEMA with regulations; will in some cases require field verifcation. • Because of uncertainly regarding FEMA amendments to FIRM maps, project includes mapping for three FIRM map scenarios: Existing FIRM, FEMA-Proposed FIRM, City Appeal FIRM. Version 2 01-29-10