HomeMy WebLinkAboutProposed Amendments ACC 15.68
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 1 of 24 Chapter 15.68 FLOOD HAZARD AREAS1 Sections: Article I. Statutory Authorization, Findings of Fact, Purpose and
Objectives 15.68.010 Statutory authorization. Reserved. 15.68.020 Findings of fact. Reserved. 15.68.030 Statement of purpose. 15.68.040 Methods of reducing flood losses. Article II.
Definitions 15.68.050 Interpretation of language. 15.68.060 Definitions. Article III. General Provisions 15.68.070 Land to which this chapter applies. 15.68.080 Basis for establishing
the areas of special flood hazard. Reserved. 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. 15.68.125 Appeals Article IV. Administration 15.68.130 Establishment of and requirement to obtain floodplain development permit. 15.68.135 Floodplain development permit
application 15.68.136 Floodplain development permit expiration 15.68.140 Repealed. Designation of Floodplain Administrator 15.68.141 Duties of the Floodplain Administrator 15.68.150
Duties and responsibilities of the city engineer Public Works Department. 15.68.151 Duties and responsibilities of the city of Auburn building division Planning and Development Department.
Article V. Provisions for Flood Hazard Protection 15.68.160 General s Standards of the city of Auburn engineering division Public Works Department. 15.68.161 General s Standards of the
city of Auburn building division Planning and Development Department. 15.68.170 Specific Additional standards of the city of Auburn building division Planning and Development Department.
15.68.180 Floodways and community acknowledgement of FEMA map amendments.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 2 of 24 15.68.190 Development within areas of special flood hazard. 15.68.200 Compensatory storage equipment. Article
I. Statutory Authorization, Findings of Fact, Purpose and Objectives 15.68.010 RESERVED Statutory authorization. The legislature of the state of Washington has in state law delegated
the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of
the city of Auburn, Washington, does ordain as follows in this chapter. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.1), 1989.) 15.68.020 RESERVED 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, 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 hazard 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. 6161 § 1, 2008; 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, and to protect property; 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. A. Minimize the need for publicly funded and hazardous rescue efforts to save those who are isolated by flood waters; B. Minimize
expenditure of public money for costly flood damage repair and flood control projects; C. Minimize disruption of commerce and governmental services; D. Minimize damage to public facilities
and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located; E. Maintain a stable tax base by providing for the sound use of floodprone
areas so as to minimize future flood blight areas;
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 3 of 24 F. Ensure that those who occupy areas subject to flooding and channel migration assume responsibility for their
actions; G. Qualify the City of Auburn for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance;
H. Maintain the quality of water in rivers, streams, and lakes, and their floodplains so as to protect public water supplies, areas of the Public Trust, and wildlife habitat protected
by the Endangered Species Act; I. Retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat
for threatened and endangered species. J. Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels. (Ord. 6161 § 1, 2008; 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: 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. F. Identifying the Regulatory Floodplain, the Special Flood Hazard Area, and the Protected Area and the supporting technical data needed to delineate those areas. G. Establishing
a permit requirement so that all human development that may affect flood hazards, water quality, and habitat is reviewed before it is constructed. H. Setting minimum protection standards
for all development to ensure that the development will not increase the potential for flood damage or adversely affect natural floodplain functions. I. Setting minimum standards to
protect new and substantially improved structures from flood damage. J. Specifying additional habitat protection criteria. Some small projects do not need a permit (see ACC 15.68.___).
.130B, C). For all other development projects, the applicant must assess their impact on those factors that contribute to increased flood hazard and degradation of habitat. If the assessment
concludes that there will be an adverse impact, the permit will be denied, unless the project is redesigned to mitigate the adverse impacts. (Ord. 6161 § 1, 2008; 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
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 4 of 24 this chapter its most reasonable application. (Ord. 6161 § 1, 2008; 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”. 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 A. “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.”
The area subject to the base flood is the Special Flood Hazard Area Designation designated on Flood Insurance Rate mMaps always includes the letters as Zones “A” including AE, AO, AH,
and A1-99. B. “Base Flood Elevation” means the elevation of the base flood above the datum of the effective FIRM. 1. The base flood elevation for the SFHAs of the City shall be as delineated
on the 100 year flood profiles in the Flood Insurance Study for the City. 2. The base flood elevation for each SFHA delineated as a “Zone AH” or “Zone AO” shall be that elevation (or
depth) delineated on the Flood Insurance Rate Map. Where base flood depths are not available in Zone AO, the base flood elevation shall be considered to be two feet above the highest
grade adjacent to the structure. 3. Where base flood elevation data have are not been provided on the Flood Insurance Study for the City, the floodplain administrator shall obtain, review,
and reasonably utilize any base flood elevation data available from a Federal, State, or other authoritative source shall be used, if available. .Where base flood elevation data Where
base flood elevation data areor is not available from other authoritative sources, applicants for approval of new subdivisions and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include such data with their permit applications. This data must be approved
by the Floodplain Administrator. E C. “Basement” means any area of the building structure having its floor subgrade (below ground level) on all sides. D. ”Channel Migration Area” means
the area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, and shifts in location of stream channels
plus 50 feet. 1. The channel migration area shall be the channel migration zon total area occupied by the River Channel, the Severe Channel Migration Hazard Area, and the Moderate Channel
Migration Hazard Areae as delineated oin King County the Green River Channel Migration Study published by King County dated December 1993 _______________ plus 50 feet. 2. Where more
than one channel migration zone has been delineated, the floodplain administrator shall use the delineation that has been adopted for other local regulatory purposes. Comment [COA1]:
Additional Community Rating System credit is available if City makes requires all applications to provide this data, not just those in the regulatory floodplain.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 5 of 24 E “Critical Facility” means a facility necessary to protect the public health, safety and welfare during a flood.
Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric
power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste
intended for household use). 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 subdivision of land, removal of more than 5% of the native vegetation on the property,
or alteration of natural site characteristics located within the area of special flood hazard. G. “Dry Floodproofing” means any combination of structural and non structural measures
that prevent flood waters from entering a structure. H. “Elevation Certificate” means the official form (FEMA Form 81-31) used to provide elevation information necessary to ensure compliance
with provisions of this ordinance and determine the proper flood insurance premium rate. I. “Equivalent Elevation” means having similar relationship to ordinary high water and to the
best available 10-year, 50-year and 100-year water surface profiles; IJ. “FEMA” means the Federal Emergency Management Agency, the agency responsible for administering the National Flood
Insurance Program. JK. “Fish and Wildlife Habitat Conservation Area” means lands needed to maintain species in suitable habitats within their natural geographic distribution so that
isolated subpopulations are not created. These areas are designated by the City pursuant to the Washington State Growth Management Act (WAC 365-190-080). G KL. “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. H ML. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated
both the areas of special flood hazard and the risk premium zones applicable to the community. INM. “Flood Insurance Study” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Insurance Rate Map, and the water surface elevation of the base flood. NO. “Flood Protection Elevation (FPE)”
means the elevation above the datum of the effective FIRM to which new and substantially improved structures must be protected from flood damage. JOP. “Floodway” means the channel of
a river stream 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. The floodway shall be as delineated on the Flood Insurance Rate Map. Where floodway data are not provided on the Flood Insurance Study for the City, floodway data
available from a Federal, State, or other authoritative source shall be used, if available. Where floodway data have not been provided, the floodplain administrator shall obtain, review,
and reasonably utilize any base flood elevation data available from a Federal, State, or other source. Where a floodway delineation or is not available from another authoritative source,
applicants for approval of new subdivisions and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever
is the lesser, shall include such data with their permit applications. This data must be approved by the Floodplain Administrator. This provision does not Comment [COA2]: Community Rating
System credit is available for additional height, up to 3 feet, i.e.” The Flood Protection Elevation (FPE) shall be the base flood elevation plus one foot. Comment [COA3]: Community
Rating System credit is available if the City requires the increase to be less than 1 foot. Comment [COA4]: Community Rating System credit is available if the City requires all applicants
for new developments regardless of size to include such data.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 6 of 24 apply to applications for permits for small projects on large lots, such as constructing a single family home.
QP. “Historic Structure” means a structure that: 1. Is listed on the National Register of Historic Places, the Washington Heritage Register, or the Washington Heritage Barn Register,
or has been designated a landmark or been issued a Certificate of Appropriateness under the City’s Historic Preservation Ordinance. 2. Has been certified to contribute to the historical
significance of a registered historic district. RQ. “Hyporheic Zone” means a saturated layer of rock or sediment beneath and/or adjacent to a stream channel that contains some proportion
of channel water or that has been altered by channel water infiltration. SR. “Impervious Surface” means a hard surface area which causes water to run off the surface in greater quantities
or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways,
patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the
natural infiltration of stormwater. KST. “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 of vehicles, building access or storage, in an area other than a basement area is not considered a building’s lowest floor; provided,
as long as that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found in ACC 15.68.170A(7) LTU.
“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 recreational 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 recreational
vehicles. MVU. “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. W “Market value”
shall mean the current assessed value as established by the most recent tax roll of the County Assessor in which the property is located. An applicant may, at the applicant’s expense,
provide an appraisal to determine market value. XV. “Native Vegetation ”means plant species that are indigenous to the community’s area and that reasonably could be expected to naturally
occur on the site. YW. “Natural Floodplain Functions” means the contribution that a floodplain floodplain makes to support habitat, including, but not limited to providing flood storage
and conveyance, reducing flood velocities, reducing sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating temperature fluctuations, and
providing breeding and feeding grounds for aquatic or riparian species. NXZ. “New construction” means structures for which the “start of construction” commenced on or after the effective
date of the ordinance codified in this chapter. AAY. “Protected Area” means the lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration
area. In riverine areas, where a floodway has not been designated in accordance with this Chapter, the Protected Area is comprised of those lands that lie within the boundaries of the
riparian habitat zone, the channel migration area, and the SFHA.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 7 of 24 OZBB. “Recreational vehicle” means a vehicle: 1. Built on a single chassis; 2. Four hundred square feet or less
when measured at the 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 quarters for recreation, camping, travel, or seasonal use. CCAA. “Regulatory Floodplain” means the area of the Special Flood Hazard Area and all Protected
Areas within the City of Auburn. It also includes newly designated Special Flood Hazard Areas and Protected Areas that are delineated pursuant to City Law. DDBB. “Riparian” means of,
adjacent to, or living on, the bank of a riverstream, lake, pond, ocean, sound, or other water body. EECC. “Riparian Habitat Zone” means the water body and adjacent land areas that are
likely to support aquatic and riparian habitat as detailed in this ordinancechapter. The size and location of the riparian habitat zone is dependent on the type of water body. The riparian
habitat zone includes the water body and adjacent lands, measured perpendicularly from ordinary high water on both sides of the water body: 1. Marine and lake shorelines and Type S streams
that are designated “shorelines of the State:” 250 feet 2. Type F streams (fish bearing) streams greater than 5 feet wide and marine shorelines: 200 feet 3. Type F streams less than
5 feet wide and lakes: 150 feet 4. Type N (nonsalmonid-bearing) perennial and seasonal streams with unstable slopes: 225 feet 5. All other Type N (nonsalmonid-bearing) perennial and
seasonal streams: 150 feet In addition, the riparian habitat may zone include additional land areas that the Floodplain Administrator determines are likely to support aquatic and riparian
habitat. FFDD. “Special Flood Hazard Area (SFHA)” means the land subject to inundation by the base flood. Special Flood Hazard Areas are identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled “Flood Insurance Study for the City of Auburn“ dated May 16, 1995,and any revisions thereto, and designated on Flood Insurance
Rate Maps with the letters “A” including AE, AO, AH, A1-99. P GGEE. “Start of construction” includes substantial improvement, and means the date the building permit was issued; provided
the actual start of construction, repair, reconstruction, addition, placement or other improvement that occurred before the permit’s expiration date. 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 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.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building. Q HHFF. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 8 of 24 IIGG. “Substantial Damage: means damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. For purposes of this subsection, “market
value” shall mean the current assessed value. RJJHH. “Substantial improvement” or “substantially improved” means any repair, reconstruction, addition, replacement or improvement of a
structure, the cost of which equals or exceeds 50 percent of the assessed valuation market value of such structure before the “start of construction” of the improvement. This term includes
structures that have incurred “substantial damage,” regardless of the actual repair work done.. For purposes of this subsection, “market value” shall mean the current assessed value.
.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 correct existing violations of state or local health, sanitary, or safety code specifications which are solely that have been identified
by the local code enforcement official and that are the minimum 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. SKKJJ. “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. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(2.1 – 2.17), 1989.) LLKK. “Water Typing” means a system for classifying water bodies according
to their size and fish habitat characteristics. The Washington Department of Natural Resources’ Forest Practices Water Typing classification system is herby adopted by reference. The
system defines four water types: 1. Type “S” = Shoreline: Streams that are designated “shorelines of the State,” including marine shorelines 2. Type “F” = Fish: Streams that are known
to be used by fish or meet the physical criteria to be potentially used by fish. 3. Type “Np” = Non-Fish Perennial streams 4. Type “Ns” = Non-Fish Seasonal streams MMLL. “Zone” means
one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised of the A Zone. (a) A: SFHA where no base flood
elevation is provided. (b) A#: numbered A Zones (e.g., A7 or A14), SFHA with a base flood elevation. (c) AE: SFHA with a base flood elevation. (d) AO:. SFHA subject to inundation by
shallow flooding usually resulting from sheet flow on sloping terrain, with average depths between one and three feet. Aver-age flood depths are shown. (e) AH: SFHA subject to inundation
by shallow flooding (usually areas of ponding) with average depths between one and three feet. Base flood elevations are shown. (f) B: the area between the SFHA and the 500-year flood
of the primary source of flooding. It may also be an area with a local, shallow flooding problem or an area protected by a levee.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 9 of 24 (g) C: an area of minimal flood hazard, as above the 500-year flood level of the primary source of flooding.
B and C Zones may have flooding that does not meet the criteria to be mapped as a Special Flood Hazard Area, especially ponding and local drainage problems. (h) D: area of undetermined
but possible flood hazard. (i) X: the area outside the mapped SFHA. (j) Shaded X: the same as a Zone B, above. Article III. General Provisions 15.68.070 Land to which this chapter applies.
This chapter shall apply to the Regulatory Floodplain, which is comprised of 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 City of Auburn Regulatory Floodplain Map on file in the Office of the city Clerk)
. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.) 15.68.080 Reserved. 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 Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared
to be a part of this chapter. The Flood Insurance Study and FIRM are on file at 25 West Main, Auburn, Washington 98001. The best available information for flood hazard area identification
as outlined in ACC 15.68.150(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under ACC 15.68.150(B). (Ord. 6161 § 1, 2008; 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 development shall
be undertaken without full compliance with the terms of 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.
6161 § 1, 2008; 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. 6161 § 1, 2008; 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.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 10 of 24 D. Maps referred to in this Chapter are for reference only, unless specified. If the map does not specifically
indicate that it is the primary source of regulation, the text of the applicable Code section shall control over any contrary information provide on a map. (Ord. 6161 § 1, 2008; Ord.
4820 § 1, 1995; Ord. 4357 § 2 (3.5), 1989.) 15.68.120 Warning and disclaimer of liability. The degree of flood property and habitat protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods and movement of channels outside of mapped channel migration areas 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 hazard or uses permitted
within such areas will be free from flooding or flood damages. This chapter does not imply that land outside the regulated areas or development permitted within such areas will be free
from flood or erosion damage This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood
damages to property or habitat that results from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357
§ 2(3.6), 1989.) 15.68.125. Appeals A. The Hearing Examiner shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The Hearing Examiner shall
hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration
of this chapter. C. Those aggrieved by the decision of the Hearing Examiner may appeal such decision to the Superior Court. D. Upon consideration of the factors of this Chapter and the
purposes of this chapter, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Article IV. Administration
15.68.130 Establishment of and requirement to obtain floodplain development permit. A. A Floodplain development permit shall be obtained before construction or development begins within
the Regulatory Floodplain any area of special flood hazard established in ACC 15.68.080. The permit shall be for all structures including manufactured homes, as set forth in ACC 15.68.060,
and for all other development including fill and other activities, also as set forth in ACC 15.68.060 as defined in this chapter. B. A development project is not subject to the requirements
of this chapter if it is located on land that can be shown to be 1. Outside the Protected Area and 2. Higher than the base flood elevation. The floodplain administrator shall inform
the applicant that the project may still be subject to the flood insurance purchase requirements unless the owner receives a Letter of Map Amendment from FEMA. C. Non-Development Activities.
Activities that do not meet the definition of “development” in this chapter are allowed in the Regulatory Floodplain without the need
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 11 of 24 for a floodplain development permit under this chapter, provided all other Federal, State, and local requirements
are met. The following are examples of activities not considered development or “man-made changes to improved or unimproved real estate.” 1. Routine maintenance of landscaping that does
not involve grading, excavation, or filling; 2. Removal of noxious weeds and hazard trees and replacement of non-native vegetation with native vegetation; 3. Normal maintenance of structures,
such as re-roofing and replacing siding, provided as long as such work does not qualify as a substantial improvement; 4. Normal maintenance of above ground public utilities and facilities,
such as replacing downed power lines; 5. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion
of paved areas. 6. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility; and 7. Plowing
and other normal farm practices (other than structures or filling) on farms in existence as of the effective date of this ordinance. D. Activities Allowed With a Floodplain Permit. The
following activities are allowed in the Regulatory Floodplain without the analysis required in Section 15.68.160C or the habitat impact assessment required under ACC 15.68.130K, providing
all other requirements of this ordinance are met, including obtaining a floodplain development permit: 1. Repairs or remodeling of an existing structure, provided that the repairs or
remodeling are not a substantial improvement or a repair of substantial damage. 2. Expansion of an existing structure that is no greater than ten percent beyond its existing footprint,
provided that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of of this
ordinance. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow. 3. Activities with the sole purpose of creating, restoring or enhancing
natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet Federal and State standards, provided the activities do
not include structures, grading, fill, or impervious surfaces. 4. Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include
structures, grading, fill, impervious surfaces or removal of more than 5% of the native vegetation on the property. E. Other Activities All other activities not listed in 15.68.130BC
or DC are allowed, provided as long as they meet all the other requirements of this ordinance, including the analysis required in Section 15.68.160 and the habitat impact assessment
and any mitigation required under Section 15.68.135L and Section16.58.135K and a floodplain development permit is issued. B. Permitting procedures for flood control zone permits shall
conform to Section 3 of Auburn City Ordinance No. 4195 passed on December 15, 1986.2 (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.) 15.68.135 Floodplain Development
Permit Application. Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator and shall include, but not be limited to, A. One
or more site plans, drawn to scale, showing:
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 12 of 24 1. The nature, location, dimensions, and elevations of the property in question, 2. Names and location of all
lakes, water bodies, waterways and drainage facilities within 300 feet of the site, 3. The elevations of the 10-, 50-, 100-, and 500-year floods, where the data are available,. Additionally,
for property located within the SFHA, base flood elevations for shall be included as required in ACC 15.68.060.B.3, 4. The boundaries of the Regulatory Floodplain, SFHA, floodway, riparian
habitat zone, and channel migration area, delineated in accordance with this chapter, 5. The proposed drainage system including, but not limited to storm sewers, overland flow paths,
detention facilities and roads, 6. Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials, 7. All wetlands, 8. Designated
fish and wildlife habitat conservation areas, and 9. Existing native vegetation and proposed proposed revegetation (see ACC 15.68.161D). B. If the proposed project involves regrading,
excavation, or filling, the site plan shall include proposed post-development terrain at one foot contour intervals. C. If the proposed project includes a new structure, substantial
improvement, or repairs to a substantially damaged structure that will be elevated, the application shall include the FPE for the building site and the proposed elevations of the following:
1. The top of bottom floor (including basement, crawlspace, or enclosure floor) 2. The top of the next higher floor 3. The top of the slab of an attached garage 4. The lowest elevation
of machinery or equipment servicing the structure 5. The lowest adjacent (finished) grade next to structure 6. The highest adjacent (finished) grade next to structure 7. The lowest adjacent
grade at the lowest elevation of a deck or stairs, including structural support D. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially
damaged nonresidential structure that will be dry floodproofed, the application shall include the FPE for the building site and the elevation in relation to the datum of the effective
FIRM to which the structure will be dry floodproofed and a certification by a registered professional engineer or licensed architect that the dry floodproofing methods meet the floodproofing
criteria in this chapter. E. The application shall include a description of the extent to which a stream, lake, or other water body, including its shoreline, will be altered or relocated
as a result of the proposed development. F. The application shall include documentation that the applicant has applied for all necessary permits required by Federal, State, or local
law. The application shall include acknowledgment that the applicant understands that the final certificate of occupancy will be issued only if the applicant has received the required
Federal, State, and local permits. G. The application shall include acknowledgment by the applicant that representatives of any Federal, State or local unit of government with regulatory
authority over the project are authorized to enter upon the property to inspect the development. H. If the project includes subdivision of land, the application shall include acknowledgment
that the applicant understands that the final certificate of occupancy will be issued only if the applicant has filed a Notice to Title recording the fact that part of the property is
in the SFHA, riparian habitat zone and/or channel migration area, as appropriate.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 13 of 24 I. The riparian habitat zone shall be delineated on the site plan by the applicant at the time of application
for sub-division approval or floodplain development permit for all development proposals within 300 feet of any stream or shoreline. J. If the project is located in the Regulatory Floodplain
and includes activities not listed in ACC 15.68130CB and DC, the application shall include a Habitat Impact Assessment. If that Assessment determines that impacts would result from the
project, the application shall also include a Habitat Mitigation Plan. K. Habitat Impact Assessment Unless allowed under ACC 15.68.130CB or DC, a permit application to develop in the
Regulatory Floodplain shall include an assessment of the impact of the project on water quality and aquatic and riparian habitat. The assessment shall be either: 1. A Biological Evaluation
or Biological Assessment that has received concurrence from the US Fish and Wildlife Service or the National Marine Fisheries Service, pursuant to the Endangered Species Act; OR 2. An
assessment prepared in accordance with Regional Guidance on Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall determine if the project would adversely
impact: (a) The primary constituent elements identified when a species is listed as threatened or endangered, (b) Essential Fish Habitat designated by the National Marine Fisheries Service,
(c) Fish and wildlife habitat conservation areas, (d) Vegetation communities and habitat structures, (e) Water quality, (f) Water quantity, including flood and low flow depths, volumes
and velocities, (g) The channel’s natural meandering pattern, (h) Spawning substrate, if applicable, and/or (i) Floodplain refugia, if applicable. L . Habitat Mitigation Plan 1. If the
assessment conducted under ACC 15.68.135K concludes the project is expected to have an adverse impact on water quality and/or aquatic or riparian habitat or habitat functions, the the
applicant shall provide a plan to mitigate those impacts, in accordance with Regional Guidance on Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. (a) If the project
is located outside the Protected Area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures as are appropriate for the situation. (b)
If the project is located in the Protected Area, the mitigation plan shall include such avoidance, restoration, or compensation measures as are needed to ensure that there is no net
loss of habitat function due to the project. Minimization measures are not allowed in the Protected Area, unless they, in combination with other measures, result in no net loss of habitat
function. 2. The plan’s habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and
its mitigation components. , 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
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 14 of 24 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(B);
and 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 15.68.136 Floodplain Development Permit Expiration If there
has been no start of construction, a floodplain development permit shall expire 180 days after the date of issuance. Where the applicant documents a need for an extension beyond this
period due to conditions beyond the applicant’s control, the floodplain administrator may authorize one or more extensions. 15.68.140 Designation of the city of Auburn engineering division.
Repealed by Ord. 6161. (Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.2), 1989.) 15.68.140 Designation of the Floodplain Administrator The Director of Planning and Development, or the Director’s
designee, is hereby appointed to administer and implement this Chapter by granting or denying floodplain development permit applications in accordance with its provisions. 15.68.141
Duties of the Floodplain Administrator Duties of the floodplain administrator shall include, but not be limited to: A. Review all floodplain development permits to determine that the
permit requirements of this ordinance have been satisfied. B. Review all floodplain 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, including those local, State or Federal permits that may be required to assure compliance with the Endangered
Species Act and/or other appropriate State or Federal laws. C. Review all floodplain development permits to determine if the proposed development is located in the Protected Area. If
located in the Protected Area, ensure that the applicable provisions of this chapter are met. D. Ensure that all development activities within the Regulatory Floodplain of the City meet
the requirements of this ordinance. E. Inspect all development projects before, during and after construction to ensure compliance with all provisions of this ordinance, including proper
elevation of the structure.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 15 of 24 F. Maintain for public inspection all records pertaining to the provisions of this chapter. G. Submit reports
as required for the National Flood Insurance Program. H. Notify FEMA of any proposed amendments to this ordinance. I. Cooperate with State and Federal agencies to improve flood and other
technical data and notify FEMA of any new data that would revise the FIRM. J. Make interpretations where needed, as to the exact location of the boundaries of the Regulatory Floodplain,
the SFHA and the Protected Area (e.g., where there appears to be a conflict between the mapped SFHA boundary and actual field conditions as determined by the base flood elevation and
ground elevations). 15.68.150 Duties and responsibilities of the city engineer Public Works Department. Duties of the city engineer Public Works Department regarding flood hazard areas
shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all
development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review
all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ACC 15.68160C are
met. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with ACC 15.68.080, the city engineer shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a federal, state or other sources in order to administer ACC 15.68._______, and 15.68.___this chapter. C. Information to Be
Obtained and Maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study or required as in ACC 15.68.150(B)_____, obtain and record the actual elevation
(in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;
This information shall be recorded on a current FEMA Elevation Certificate (FEMA Form 81-31), signed and sealed by a professional land surveyor, currently licensed in the State of Washington.
2. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level), and b. Maintain the floodproofing certifications
required in ACC 15.68.____this chapter. 3. Maintain for public inspection all records pertaining to the provisions of this chapter. This information shall be recorded on a current FEMA
Floodproofing Certificate (FEMA Form 81-65), professional engineer, currently licensed in the State of Washington D. Alteration of Watercourses. Comment [COA5]: Duplicates 15.68.151B
– recommend deleting requirement here and consolidating with duties of Floodplain Administrator?
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 16 of 24 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. If the maintenance program does not call for cutting of native vegetation, the system shall be oversized at the time of construction
to compensate for said vegetation growth or any other natural factor that may need future maintenance. E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact
location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. F. Appeals of determinations made pursuant to this chapter shall be filed
with the city’s public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal,
determine whether to uphold of modify the city engineer’s decision, and notify the applicant of such determination. The decision of the public works director shall be final. The city
engineer’s and director’s decision 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. 6182 § 4, 2008; Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.) 15.68.151 Duties and responsibilities of the city of Auburn building division Planning and
Development Department. Duties of the city building divisions Planning and Development Department 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 building, addition and alteration permits; 2. Review all building-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; and 3.
Review all building-related projects to determine that the procedures for building 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.________ 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 floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level); and and b. Maintain the floodproofing certifications required in ACC 15.68._______;
3. Maintain for public inspection all building-related records pertaining to the provisions of this chapter. (Ord. 6161 § 1, 2008.) Article V. Provisions for Flood Hazard Protection
15.68.160 General s Standards of the city of Auburn engineering division Public Works Department.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 17 of 24 A. 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. 4. All new streets shall be designed
to ensure the lowest finished surface elevation is a minimum of one foot higher than the adjacent 100-year flood elevation. 5. All new development shall be designed and located to minimize
the impact on flood flows, flood storage, water quality, and habitat. a. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development
hydrologic conditions, such as stormwater infiltration, rain gardens, grass swales, filter strips, disconnected impervious areas, permeable pavement, and vegetative roof systems. b.
If the proposed project will create new impervious surfaces so that more than 10 percent of the portion of the lot in the Regulatory Floodplain is covered by impervious surface, the
applicant shall demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff that leaves the site. 6. The site plan required in this chapter
shall account for surface drainage to ensure that: a. Existing and new buildings on the site will be protected from stormwater runoff and b. The project will not divert or increase surface
water runoff onto neighboring properties. 7. Utilities a All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the
systems; b. Water wells shall be located outside the floodway and shall be protected to the FPE; c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters; d. Onsite waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding. A habitat impact assessment shall be conducted in accordance with this chapter ACC 15.68;.135K as a condition of approval of an onsite waste disposal system
to be located in the Regulatory Floodplain. 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). (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.1), 1989.) Comment [COA6]: Community Rating System credit is available for making this requirement applicable to
property outside the regulatory floodplain.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 18 of 24 C. Floodway Standards 1. In addition to the other requirements of this ordinance, a project to develop in the
floodway as delineated pursuant to this Chapter shall meet the following criteria: (a). The applicant shall provide a certification by a registered professional engineer demonstrating
through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would
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 the following. The following exceptions must still meet all other requirements in the ordinance. (i) Repairs, reconstruction, or improvements to a residential structure
which do not increase the ground floor area, providing the cost of which does not exceed 50 percent of the market value of the structure either, (a) before the repair, or reconstruction
is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of
State or local health, sanitary, or safety code specifications which have been identified by a local code enforcement official and which are the minimum necessary to assure safe living
conditions, or to an historic structure, may be excluded from the 50 percent calculations. (ii) Repairs, replacement, reconstruction, or improvements to existing farmhouses located in
designated floodways and located on designated agricultural lands that do not increase the building’s total square footage of encroachment and are consistent with all requirements of
WAC 173-158-075. (iii) Repairs, replacement, reconstruction, or improvements to substantially damaged residential dwellings other than farmhouses that do not increase the building’s
total square footage of encroachment and are consistent with all requirements of WAC 173-158-076; or (iv) Repairs, reconstruction, or improvements to residential structures identified
as historic structures that do not increase the building’s dimensions. 2. In riverine Special Flood Hazard Areas where a floodway has not been delineated pursuant to this chapter, the
applicant for a project to develop in the SFHA shall provide a certification by a registered professional engineer demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed development and all other past or future similar developments would not cumulatively result in an increase of flood levels
during the occurrence of the base flood discharge by more than one foot. 15.68.161 General s Standards of the city of Auburn building division Planning and Development Department. In
all areas of special flood hazard the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to to prevent flotation,
collapse or lateral movement of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods
and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition
to other anchoring requirements for resisting wind forces. (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.)
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 19 of 24 B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood
damage. 3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding. C. Review of Building Permits. Where elevation data is not available either through the Flood
Insurance Study or from another authoritative source (ACC 15.68.150(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of historical 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. 6161 § 1, 2008.) D. Native Vegetation The site plan required for development in the
regulatory floodplain shall show existing native vegetation. 1. In the riparian habitat zone, native vegetation shall be left undisturbed, except if in connection with an activity allowed
in the Regulatory Floodplain without a permit, and except for activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams,
lakes, estuaries, marine areas, habitat, and riparian areas that meet Federal and State standards, provided the activities do not include structures, grading, fill, or impervious surfaces.
2. Outside the riparian habitat zone, removal of native vegetation shall not exceed 35 percent of the surface area of the portion of the site in the Regulatory Floodplain. Native Native
vegetation in the riparian habitat zone portion of the property can be counted toward this requirement. 3. If the proposed project does not meet the criteria of this chapter, a habitat
impact assessment shall be conducted pursuant to ACC 15.68.___135K and, if necessaryindicated by that assessment, a habitat mitigation plan shall be prepared and implemented pursuant
to ACC 15.68.___..135L. 15.68.170 Specific Additional s Standards of the city of Auburn building division Planning and Development Department. In all areas of special flood hazard where
base flood elevation data is provided as set forth in ACC 15.68.___ or 15.68.____this chapter, 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 directly supporting the floor slab or sheathing 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 hydrodynamic 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; Comment [COA7]: Community Rating System credit is available if the City adds “and all additions”
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 20 of 24 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 3. The structure shall be aligned parallel with the direction
of flood flows. 4. The structure shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 5. All materials below the FPE shall be resistant to flood damage
and firmly anchored to prevent flotation. Materials harmful to aquatic wildlife, such as creosote, are prohibited below the FPE. 6. Electrical, heating, ventilation, duct work, plumbing,
and air-conditioning equipment and other service facilities shall be elevated above the FPE. Water, sewage, electrical, and other utility lines below the FPE shall be constructed so
as to prevent water from entering or accumulating within them during conditions of flooding. 7. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited;
, or shall be used Provided, that those areas may be used only for parking, storage, or building access and only if they are shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or licensed
architect and/or 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
industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation.; or, as an
alternative to elevation, a new or substantial improvement to a nonresidential structure and its together with attendant utility and sanitary facilities, may be dry floodproofed in A
Zones. The project shall meet the following requirements: 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 hydrodynamic 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 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 subsection (A)(2) of this section; 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 Comment [COA8]: Community Rating System credit is available if City does not allow any use.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 21 of 24 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. 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 ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices,
and have no permanently attached additions; or 3. Meet the requirements of subsection C of this section and the elevation and anchoring requirements for manufactured homes. E. Hazardous
Materials. No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers,
flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the Regulatory Floodplain. This prohibition does not apply
to small quantities of these materials kept for normal household use [optional: or to materials kept in approved containers above the FPE or in a dry floodproofed non-residential building].
F. Small Structures. A low cost building such as a detached garage, boathouse, pole barn, or storage shed, that is no larger than 500 square feet and is not used for human habitation
may be exempt from the elevation requirement of this chapter, provided: 1. It is used only for parking or storage; 2. It is constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters; 3. It is anchored to prevent flotation which may result in damage to other structures; 4. All portions of the structure below the FPE must
be constructed of flood-resistant materials; 5. Service utilities such as electrical and heating equipment meet the standards of this chapter; 6. It has openings to allow free flowage
of of water that meet the criteria of this chapter; 7. The project meets all the other requirements of this chapter. G. Location of structures. Structures and other development shall
be located to avoid flood damage. 1. If a lot has a buildable site out of the Regulatory Floodplain, all new structures shall be located in that area. 2. If a lot does not have a buildable
site out of the Regulatory Floodplain, all new structures, pavement, and other development must be sited in the location that has the least impact on habitat by locating the structures
as far from the water body as possible or placing the structures on the highest land on the lot. H. Critical Facilities. 1. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the Regulatory Floodplain. 2. Construction of new critical facilities shall be permissible if no feasible alternative site is available, provided
(a) Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500-year flood, whichever is higher. If there is no available
data on the 500-year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 22 of 24 (b) Access to and from the critical facility shall be protected to the elevation of the 500-year flood. (Ord.
6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.2), 1989.) 15.68.180 Floodways and Community Acknowledgement of FEMA Map Amendments . Located within areas of special flood hazard
established in ACC 15.68.080 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles
and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless it has been
demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practices with certification provided by a registered professional engineer 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 market value 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 A. Notwithstanding any other
provision of this chapter, 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 subsection A of this section, 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. I Federal Emergency Management Agency or a request for exemption
from fees as specified by Section 72.5 of 44 CFR Ch. I Federal Emergency Management Agency. Sections 72.3 and 72.5 of 44 CFR Ch. I Federal Emergency Management Agency are herein adopted
by reference in their entirety including any future amendments thereto; b. An evaluation of alternatives which would not result in a base flood elevation increase above that permitted
under subsection A of this section 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;
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 23 of 24 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. I Federal Emergency Management Agency. Section
65.6 of 44 CFR Ch. I 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. I Federal Emergency Management Agency. Section 65.7 of 44 CFR Ch. I Federal Emergency Management Agency is herein adopted by reference in its entirety. EB. City review
of changes to flood hazard data. 1. All requests to revise or change the flood hazard data, including requests for a Letter of Map Revision and a Conditional Letter of Map Revision shall
be reviewed by the (floodplain administrator). (a). The (floodplain administrator) shall not sign the Community Acknowledgement Form for any requests based on filling or other development,
unless the applicant for the letter documents that such filling or development is in compliance with this ordinance. (b). The (floodplain administrator) shall not approve a request to
revise or change a floodway delineation until FEMA has issued a Conditional Letter of Map Revision that approves the change. 2 (c). 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 (i). The city’s adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition;
b (ii). 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. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.) 2. If an applicant disagrees with the regulatory data prescribed by this ordinance, he/she
may submit a detailed technical study needed to replace existing data with better data in accordance with FEMA mapping guidelines or Regional Guidance for NFIP-ESA Hydrologic and Hydraulic
Studies FEMA Region X, 2010. If the data in question are shown on the published FIRM, the submittal must also include a request to FEMA for a Conditional Letter of Map Revision. 3. All
new hydrologic and hydraulic flood studies conducted pursuant to this chapter shall consider future conditions and the cumulative effects from anticipated future land use changes in
accordance with Regional Guidance for NFIP-ESA Hydrologic and Hydraulic Studies, FEMA Region X, 2010. If there is an study in existence on ___________________that meets the rest of this
chapter’s criteria, it may be used, even if it does not account for future conditions. 5. All requests to revise or change the flood hazard data, including requests for a Letter of Map
Revision and a Conditional Letter of Map Revision shall be reviewed by the floodplain administrator. (a). The floodplain administrator shall not sign the Community Acknowledgement Form
for any requests based on filling or other development, unless Comment [COA9]: Model ordinance language was “existing study.” CA suggests more specificity.
Exhibit B to Ordinance 6295 D R A F T Draft date 2.1011.2010 Page 24 of 24 the applicant for the letter documents that such filling or development is in compliance with this ordinance.
(b). The (floodplain administrator) shall not approve a request to revise or change a floodway delineation until FEMA has issued a Conditional Letter of Map Revision that approves the
change. 15.68.190 Developments within areas of special flood hazard. Notwithstanding any other provision of this chapter, the city may permit developments within areas of special flood
hazard areas. 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. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4), 1989.) 15.68.200 Compensatory storage equipment. A. Development proposals shall not reduce
the effective base flood storage elevation. Where fill, grading or other activities that may displace the 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 displaced.For this purpose, “equivalent elevation” means having similar relationship
to ordinary high water and to the best available 10-year, 50-year and 100-year water surface profiles; 2. Hydraulically connect to the source of the flooding; 3. Provide compensatory
storage in the same construction season as when the displacement of flood storage volume occurs. Allowances may be granted on a case-bycase basis to allow sequential construction if
the timing of the work cannot meet wintertime/flood construction schedules; and 4. 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 storage. 6 The newly created storage
area shall be be graded and vegetated to allow fish access during flood events without creating fish stranding sites. B. Certification by a registered professional engineer may be required
as documentation that the compensatory storage requirement shall be met by the development proposal. (Ord. 6161 § 1, 2008.) Comment [COA10]: This section may be duplicative, and may
be deleted.