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ORDINANCE N0. 4 3 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY ORDINANCE N0. 4214, CODIFIED AS CHAPTER 15.68, RELATTNG TO
FLOOD HAZARD AREAS, TO ADD, AMEND OR REPEAL bESIGNATED SECTIONS OF THE
ORDTNANCE, AS REQUIRED BY FEDERAL LAW.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this amendatory ordinance is to add,
repeal or amend designated sections of Ordinance No. 4214 (codified as
Auburn City Code Chapter 15,68), so that the Ordinance conforms to the
requirements of the Federal Emergency Management Act.
Section 2, Ordinance No. 4214 (codified as Chapter 15.68) effective on
March 25, 1987, is hereby amended to add, repeal or amend specified portions
of the Ordinance as follows:
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of Washington has in State law delegated
the responsibility to lo al governmental units to adopt regulations
designated to promote \th public health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Auburn,
Washington, does ordain as follows:
Ordinance No. 4357
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1.2 FINDINGS OF FACT
(1) The flood hazard areas of the City of Auburn are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety and general welfare. (2) These flood losses are caused
by the cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when inade-
quately anchored, damage uses in other areas. Uses that are inade-
quately floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated
with the flooding and generally undertaken at the expense of the
general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
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(6) To help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in
an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods
and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
(3) Controlling the alteration of natural flood plains, stream chan-
nels, and natural protective barriers, which help accommodate or
channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards in other areas.
SECTION 2.0
DEFINITIONS
Unless specificaily defined below, words or pharases used in this ordi-
nance shall be interpreted so as to give them the meaning they have in com-
mon usage and to give this ordinance its most reasonable application.
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2.7 "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which
the Federal Insurance Administration has delineated both the areas of spe-
cial floodhazards and the risk premium zones applicable to the community.
2.8 "FLOOD INSURANCE STUDY" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface elevation of the base flood.
2.9 FLOODWAY" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than
one foot.
2.10 "LOWEST FLOOR" 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
in Section 5.2-1(2).
2.11 "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 flood plan management purposes the term "manufactured home" also inclu-
des park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes the term
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"manufactured home" does not include park trailers, travel trailers, and
other similar vehicles.
2.12 "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or con-
tiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
2.13 °NEW CONSTRUCTION" means structures for which the "start of
construction" commenced on or after the effective date of this ordinance.
2.14 "START OF CONSTRUCTION" includes substantial improvement, and means
the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was
within 180 days of the permit date. The actual start means either the first
placement of perman ment 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; nore 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.
2.15 "STRUCTURE" means a walled and roofed building including a gas or
I liquid storage tank that is principally above ground.
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2.16 "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty (50q)
percent of the assessed valuation of such structure as established by the
most current Ki ng County Assessor's Tax Rol l((~arket ••a'••e ef t#e-Tt-ruettt;i) )
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 commen-
ces, whether or not that alteration affects the external
dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure
safe living conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places,
2.17 "VARIANCE" means a grant of relief from the requirements of this
Ordinance which permits construction in a manner that would otherwise be pro-
hibited by this Ordinance.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This Ordinance shall apply to all areas of special flood hazards within
the jurisdiction of the City of Auburn. (See Exhibit "A", attached
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hereto and incorporated herein by reference, the State Flood Control
Zone Map).
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAI 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 September 29, 1989,
with accompanying Flood Insurance Maps is hereby adopted by reference
and declared to be a part of this Ordinance. The Flood Insurance Study
is on file at 25 West Main, Auburn, Washington 98001.
3.3 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
ordinance and other applicable requlations. Violation of the provisions
of this ordinance by fai1ure to comply with any of its requirements
(including violations of conditions and safeguards established in con-
nection with conditions) shall constitute a misdemeanor. Any person
who violates this ordinance or fails to comply with any of its require-
ments shall upon convictions thereof be fined not more than Five
Hundred Dollars ($500.00) or imprisoned for not more than ninety (90)
days, or both, for each violation, and in addition shall pay all costs
and expenses involved in the case. Nothing herein contained shall pre-
vent the City of Auburn from taking such other lawful action as is
necessary to prevent or remedy any violation.
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3.4 ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this Ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this Ordinance, all provisions
shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit or repeal any other powers granted under
state statutes.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered
reasonable for regulatory purposes and is based on scientific and engi-
neering considerations. Large floods can and will occur on rare occa-
sions. Flood heights may be increased by man-made or natural causes.
This Ordinance does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Ordinance shall not create liability
on the part of the City of Auburn, any officer or employee thereof, or
the Federal Insurance Administration, for any flood damages that result
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from reliance on this Ordinance or any administrative decision lawfully
made thereunder.
SECTION 4.0
ADMINISTRATION
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before construction or develop-
ment begins within any area of special flood hazard established in
Section 3.2. The permit shall be for all structures including manufac-
tured homes, as set forth in the "DEFINITIONS°, and for all other deve-
lopment including fill and other activities, also as set forth in the
"DEFINITIONS". Application for a development permit shall be made on
forms furnished by the City of Auburn Building Department and may
include, but not be limited to: plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area
in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer
that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section
5.2-2; and
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(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed develop-
ment.
Permitting procedures for Flood Control Zone Permits shall conform to
Section 3 of Auburn City Ordinance No. 4195 passed on December 15, 1986.
4.2 DESIGNATION OF THE CITY OF AUBURN ENGINEERING DIVISION
The City of Auburn Engineering Division is hereby appointed to admi-
nister and implement this Ordinance by granting or denying development
permit applications in accordance with its provisions.
4.3 DUTIES AND_RESPONSIBILITIES OF THE CITY OF AUBURN ENGINEERING DIVISION
Duties of the City of Auburn Engineering Division shall include, but
not be limited to:
4.3-1 Permit Review
(1) Review of all development permits to determine that
the permit requirements of this Ordinance have been
satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those
federal, state or local governmental agencies from
which prior approval is required.
(3) Review all development permits to determine if the
proposed development is located in the floodway. If
located in the floodway, assure that the encroachment
provisions of Section 5.3(1) are met.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accor-
dance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD, the City of Auburn Engineering Division
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shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal, state
or other source, in order to administer Sections 5.2-1,
SPECIFIC STANDARDS, Residential Construction, 5.2-2 SPECIFIC
STANDARDS, Nonresidential Construction, and 5.3 FLOODWAYS.
4.3-3 Information to be Obtained and Maintained
(1) Where base flood elevation data is provided through
the Flood Insurance Study or required as in Section
4.3-2, obtain and record the actual elevation (in
relation to mean sea level) of the lowest habitable
floor (including basement) of all new or substan-
tially improved structures, and whether or not the
structure contains a basement.
(2) For all new or substantially improved floodproofed
structures;
(i) verify and record the actual elevation
(in relation to mean sea level), and
(ii) maintain the floodproofing certifications
required in Section 4.1(3).
(3) Maintain for public inspection all records pertaining
to the provisions of this Ordinance.
4.3-4 Alteration of Watercourses
(1) Notify adjacent communities and the Department of
Ecology prior to any alteration or relocation of a
watercourse, and submit evidence of such notification
to the Federal Insurance Administration.
(2) Require that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood carrying capacity is not diminished.
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4.3-5 Interpretation of FIRM Boundaries
Make interpretations where needed, as to exact location of
the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation. ((as-ppey-i-a"
S°_a;-- Such appeals shall be granted consistent with the
standards of Section 60.6 of the Rules and Regulations of the
National Flood Insurance Program (44 CFR 59-76).
~rnnrn~~
(4:-n r rr nnnrrn~mr
-~,,,~-T,~~~~
Var4amee , as stated herein,
.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD PROTECTION
5.1 6ENERAL STANDARDS
In all areas of special flood hazards the following standards are
required:
5.1-1 Anchoring
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
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(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 (Reference FEMA's
"Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques).
5.1-2 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.
5.1-3 Utilities
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of
flood waters into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of
flood waters into the systems and discharge from the
systems into flood waters; and
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
5.1-4 Subdivision Proposals
(1) All subdivision proposals shall be consistent with
the need to minimize flood damage;
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(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize
flood damage;
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage;
and,
(4) Where base flood elevation data has not been provided
or is not available from another authoritative
source, it shall be generated for subdivision propo-
sals and other proposed developments which contain at
least 50 lot or 5 acres (whichever is less).
5.1-5 Review of Building Permits
Where elevation data is not available either through the Flood
Insurance Study or from another authoritative source (Section 4.3-2),
Applications for building permits shall be reviewed to assure that pro-
posed construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical data,
high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two feet above grade in these zones may
result in higher insurance rates.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
provided as set forth in Section 3,2 BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood
Data, the following provisions are required;
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5.2-1 Residential Construction
(1) New construction and substantial improvement of any residen-
tial structure shall have the lowest floor, including base-
ment, elevated ((to-er)) one foot or more above base flood
elevation.
(2) Fully enclosed areas below the lowest floor that are subject
to flooding are prohibited, or shall be designed to automati-
cally equalize hydrostatic 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:
(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.
5.2-2 Nonresidential Construction
New construction and substantial improvement to any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated ((+e)) one foot or more
above the level of the base flood elevation; or, together with atten-
dent utility and sanitary facilities, shall:
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(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 loads and effects of buoyancy; and,
(3) be certified by a registered professional engineer or
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 certifi-
cations shall be provided to the official as set
forth in Section 4.3-3(2).
(4) Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space
below the lowest floor as described in 5.2-1(2).
(5) Applicants floodproofing nonresidential buildings
shall be notified that flood insurance premiums will
be based on rates that are one foot below the
floodproofed level (e.g. a building constructed to
one foot above the base flood level will be rated as
one foot below that level).
5.2-3 Manufactured Homes
All manufactured homes to be placed or substantially improved within
Zones A1-30, AH, and AE shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is ((at-er)) one
foot or more above the base flood elevation and be securely anchored
to an adequately anchored foundation system in accordance with the
providions of subsection 5.1-1(2). This paragraph applies to manu-
factured homes to be placed or substantially improved in an expansion
to an existing manufactured home park or subdivision. This paragraph
does not apply to manufactured homes to be placed or substantial7y
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improved in an existing manufactured home park or subdivision except
where the repair, reconstruction, or improvement of the streets,
utilities and pads equals or exceeds fifty (50q) percent of the value
of the streets, utilities and pads before the repair, reconstruction
or improvement has commenced.
5.3 FLOODWAYS
Located within areas of special flood hazard established in Section 3.2
are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions
apply:
(1) Prohibit encroachments, including fill, new construc-
tion, substantial improvements, and other develop-
ment unless certification by a registered pro-
fessional engineer is provided demonstrating that
encroachments shall not result in any increase in
flood levels during the occurrence of the base flood
discharge.
(2) Construction or reconstruction of residential struc-
tures is rohibited within desi nated floodwa s,
except for i repairs, reconstruction, or
im rovements to a structure which do not increase the
ground floor area; and ii repairs, reconstruction or
im rovements to a structure the cost of which does
not exceed fifty 50o percent of the assessed
valuation of the structure as established b the most
current King County Assessor's Tax Roll, either A
before the re air, reconstruction, or re air 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 existin
health, sanitary, or safety codes or to structures
identified as historic laces shall not be included
in the fiftv 50% percent.
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(3) If Section 5.3(1) is satisfied, all new construction
and substantial improvements shall comply with all
applicable flood hazard reduction provisions of
Section 5.0 PROVTSTONS FOR 1100D HAZARD REDUCTION.
(((3) Prehih4t the pleeememt ef emy mobile homes,
5.4 ENCROACHMENTS
The cumulative effect of any proposed development, where combined with
all other existing and anticipated development, shall not increase the
water surface elevation of the base flood more than one foot at any
op int•
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4, This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: L
PASSED: e2
APPROVED: rI
MAYO
Ordinance No. 4357
Page Nineteen
7/24/89
1 ATTEST:
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3 ROBIN WONLHUETER, City C erk
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6 APPROVED AS TO FORM:
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9 MARGUERTTE SCHELLENTRAGER, City Attorney
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12 pU6LISHED:
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25 Ordinance No. 4357
26 page Twenty
7/24/89