HomeMy WebLinkAboutItem VI-A
crrxoF ~ * * Memorandum
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~ - 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