HomeMy WebLinkAboutITEM IV-CAgenda Subject Date: Ordinance No. 6295 amending City of Auburn floodplain and flood February 24, 2010
hazard regulations currently specified in Chapter 15.68 (Flood Hazard
Areas) of the Auburn City Code and referenced in Titles 14, 16, 17, and
18 of the Auburn Cit Code.
Department: Attachments: Budget Impact: NIA
Planning and Development (1) Ordinance No. 6295 (2) City of Auburn Regulatory
Floodplain Map
(3) Draft -Regional Guidance for
Floodplain Habitat Assessment and
Mitigation (not included in packet)
(4) Draft -Regional Guidance for NFIP-ESA Hydrologic and Hydraulic
Studies (not included in packet)
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6295
Background Summary:
On November 17, 2008, Auburn City Council enacted a moratorium on development within the Federal Emergency Management Agency (FEMA) identified 100-year floodplain. This moratorium was
enacted as
a result of the finding (Biological Opinion) issued by the National Marine Fisheries Service (NMFS) that
administration of the National Flood Insurance Program (NFIP) jeopardizes species protected under the
Endangered Species Act (ESA). As a result of the NMFS finding, FEMA and communities participating in
the NFIP are required to implement a series of actions, including adoption of regulations to ensure compliance with the ESA. The purpose of the moratorium was to give these federal agencies
time to
complete a model floodplain ordinance and other technical assistance for local jurisdictions, and in the
interim, to limit liability to private parties and the City.
The City of Auburn has participated in the ongoing review of a model floodplain ordinance and related
guidance documents being developed by FEMA, and has provided numerous review comments since mid 2009. Based on the City's understanding of the new NFIP requirements gained through participation
in
the NFIP model ordinance development process, staff is recommending that the City move forward at this
time to adopt amendments to Titles 14, 15, 16, 17, and 18 relating to the City's floodplain development
regulations to incorporate the ESA requirements contained in the NMFS Biological Opinion.
Adoption of floodplain regulation amendments that meet the NFIP-ESA requirements will address the
underlying reason for the enactment of the floodplain development moratorium and allow for the
moratorium to be discontinued.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ®Planning ❑ Park Board ❑ Public Works ®Legal ❑ Police
® Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action: Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing / /
Referred to Until / / Tabled Until / /
Councilmember: Wagner Staff: Snyder
Meeting Date: March 1, 2010 Item Number:
ORDINANCE N0.6_
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATING TO
FLOODPLAIN MANAGEMENT REGULATIONS;
ADOPTING REGULATIONS INCORPORATING
FEDERAL HABITAT PROTECTION
REQUIREMENTS INTO EXISTING REGULATIONS,
ESTABLISHING REQUIREMENTS FOR A
FLOODPLAIN DEVELOPMENT PERMIT, UPDATING
RELATED PROVISIONS OF LAW, AND AMENDING
CHAPTERS 14.03, 15.68, 15.74, 16.10, 17.04, 17.09,
17.14, AND 18.70 OF THE AUBURN CITY CODE
CONNECTED THEREWITH.
WHEREAS, the City is required, as a condition of continued eligibility in
the National Flood Insurance Program ~NFIP) to adopt floodplain management
regulations that meet the requirements of Section 60.3 of the Code of Federal
Regulations; and
WHEREAS, the City currently regulates floodplain management by using
a combination of specific floodplain management regulations, critical area
regulations, shoreline management regulations, and State Environmental Policy
Act (SEPA) regulations; and
WHEREAS, in October, 2008, the City received notice from the Federal
Emergency Management Administration (FEMA) and the National Marine
Fisheries Service ~NMFS) that those agencies had collaborated on a position
paper that seeks to prevent continued degradation of existing floodplain, and to
promote low impact development in floodplain areas of the region that could
effect endangered species; and
WHEREAS, FEMA and NMFS took the position that if a permitting
agency, such as the City of Auburn, grants permits in floodplain areas within its
Ordinance No. 6295 DATE 2.11.2010
Page 1 of 5
boundaries that are later determined to adversely impact the floodplains and/or
endangered species, the permitting agency will be liable for the resulting "take"
on endangered species; and
WHEREAS, in response to the position taken by the federal agencies, the
City imposed a moratorium on development in floodplains within the City, which
moratorium continues to be in effect; and
WHEREAS, FEMA, in consultation with NMFS, began working on a model
ordinance that, if substantively adopted by local jurisdictions, would allow those
jurisdictions to resume permitting development in the floodplain. The provisions
of the model ordinance are intended to help ensure that impacts on the floodplain
and on habitat were properly evaluated and, if necessary, mitigated; and
WHEREAS, the federal agencies invited several local jurisdictions,
including Auburn, to participate in a focus group during the development of this
model ordinance; and
WHERAS, although federal agencies incorporated some of the
suggestions from the local jurisdictions, the substantive requirements that the
local jurisdictions must adopt are mandated by the federal agencies and are not
subject to modification by the local jurisdictions.
WHEREAS, the federal agencies must approve the City's incorporation of
the substantive terms of the model ordinance; however, City staff believes that
the provisions of model ordinance provide sufficient guidance to allow the City to
resume processing development permits in the floodplain in compliance with the
interim measure required by NMFS; and
Ordinance No. 6295 DATE 2.11.2010
Page 2 of 5
WHEREAS, City staff recommends adopting the proposed regulations as
interim regulations until such time as the federal agencies approve them as
permanent measures, at which time they shall become permanent regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 14.03 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit A.
Section 2. Amendment to City Code. Section 15.68 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit B.
Section 3. Amendment to City Code. Section 16.10 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit C.
Section 4. Amendment to City Code. Section 17.04 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit D.
Section a. Amendment to City Code. Section 17.09 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit E.
Section 6. Amendment to City Code. Section 17.14 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit F.
Section Amendment to City Code. Section 18.70 of the
Auburn City Code be and the same hereby is amended as set forth in Exhibit G.
Section 8. Adoption of Guidelines. The "Regional Guidance
for Floodplain Habitat Assessment and Mitigation", developed by the Federal
Emergency Management Agency dated ,and the "Regional Guidance
for NFIP-ESA Hydrologic and Hydraulic Studies, developed by the Federal
Ordinance No. 6295 DATE 2.11.2010
Page3of5
Emergency Management Agency dated , on file with the City
Clerk, are hereby adopted.
Section 9. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation. This authority specifically includes making non-
substantive changes to the municipal code sections amended in this ordinance in
order to comply with the direction of the federal agencies reviewing this
ordinance.
Section 10. Changes expressly marked. It is the express intent of
the City Council that this ordinance makes only those changes to the Auburn City
Code or uncodified ordinances shown by striking out text to be deleted, and
underlining text to be added. To this end, errors shown in the pre-existing
Auburn City Code or uncodified ordinances are to be disregarded, and no
change in the Auburn City Code is intended thereby.
Section 11. Effect of subsequent amendments. It is the express intent
of the City Council that, in the event a subsequent ordinance refers to or amends
a section or subsection of the Auburn City Code or a previously enacted
ordinance that is amended or recodified herein, but the later ordinance fails to
account for the change made by this ordinance, the two sets of amendments
should be given effect together if at all possible.
Section 12. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
Ordinance No. 6295 DATE 2.11.2010
Page 4 of 5
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 13. Effective date. This Ordinance shall take effect and be
in force as interim regulations five days from and after its passage, approval and
publication as provided by law. After the City receives approval of the ordinance
from the federal agencies, provisions herein shall be effective as permanent
regulations with the effective date the same as the effective date of the interim
regulations.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6295 DATE 2.11.2010
Page5of5
Exhibit A to Ordinance 6295 D R A F T
Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.001 Generally.
14.03.010 Type I decisions.
14.03.020 Type II decisions. 14.03.030 Type III decisions.
14.03.040 Type IV decisions.
14.03.050 Type V decisions.
14.03.060 Legislative nonproject decisions.
14.03.001 Generally.
Project permit decisions are classified into five types, based on whether a director, the hearing
examiner or the city council makes the decision and the process by which that decision is made.
(Ord. 4835 § 1, 1996.)
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not subject to
environmental review under the State Environmental Policy Act (SEPA) codified at Chapter
43.21 C RCW. Type I decisions include, but are not limited to, the following project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E. Special permit;
F. Excavation permit; G. Land clearing permit;
H. Grading permit;
I. Floodplain development cvntrc! acne permit;
J. Public facility extension agreement;
K. Right-of-way use permit;
L. Lot line adjustment;
M. Home occupation permit;
N. Temporary use permit (administrative);
0. Administrative use permit;
P. Short subdivision (plat); Q. Mobile home closure plans.
R ~Innrlnl~in rlo~~olnr~mon~ r,nrmi~ vv~.+Niu i ~.+v v vivNi i iv L r..iv i i iii.
(Ord. 5746 § 2, 2003; Ord. 4835 § 1, 1996.)
14.03.020 Type II decisions.
Type II decisions are administrative decisions made by the city which include threshold
determinations under SEPA. Type II decisions include, but are not limited to, the following project
applications:
A. Building permit;
B. Grading permit; C. Land clearing permit;
D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat}.
Draft date 2.5.2010
Exhibit A to Ordinance 6295 D R A F T
G. Floodplain development permit.
(Ord. 4835 § 1, 1996.)
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing examiner following a
recommendation by staff. Type III decisions include, but are not limited to, the following project
applications:
A. Temporary use permit;
B. Substantial shoreline development permit; C. Variance;
D. Special exceptions;
E. Special home occupation permit;
F. Preliminary plat;
G. Conditional use permit;
H. Surface mining permit. (Ord. 6184 § 3, 2008; Ord. 4835 § 1, 1996.}
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the hearing examiner. Type IV decisions include, but are not limited to, the following project applications:
Rezone (site-specific). (Ord. 6184 § 4, 2008; Ord. 4835 § 1, 1996.}
14.03.050 Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council following a
recommendation by staff. Type V decisions include, but are not limited to, the following project
applications:
Final plat. (Ord. 6184 § 5, 2008; Ord. 4835 § 1, 1996.)
14.03.060 Legislative nonproject decisions.
Legislative nonproject decisions made by the city council under its authority to establish policies
and regulations are not classified as a "type" of project permit decision. Legislative nonproject
decisions include, but are not limited to, the following legislative actions:
A. Amendments to the text and map of the comprehensive plan or development regulations.
B. Amendments to the zoning map (rezones} on a city-wide orarea-wide basis. (Ord. 4835 § 1,
1996.)
Draft date 2.5.2010
Exhibit B to Ordinance 6295
Chapter 15.68
FLOOD HAZARD AREAS
Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives
15.68.010 .Reserved.
15.68.020 ~inrJinrr~ of f~r►+. 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 R~~i~ fnr o~ h1° ~ro~~ of ~r~oni~l flnnrJ h~"~'~ar~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 . Designation of Floodplain Administrator
15.68.141 Duties of the Floodplain Administrator
15.68.150 Duties and responsibilities of the ~ Public Works Department.
15.68.151 Duties-and responsibilities of the ~ ~ Plannin
and Development Department.
Article V. Provisions for Flood Hazard Protection
15.68.160 ~ ~ Standards of the r►i+„ of ~i ihi irn onrrinoorinn rJi~ii~inn Public
Works Department.
15.68.161 r~~tandards of the ~ ~ Planning and
Development Department.
15.68.170 c Additional standards of the
Planning and Development Department.
15.68.180 Floodways and community acknowledgement of FEMA map
amendments.
I Draft date 2. ~ 0;.11;..2010
Page 1 of 24
Exhibit B to Ordinance 6295
15.68.190 Development within areas of special flood hazard.
15.68.200 Compensatory storage equipment.
Article I. ~ ~~~^M„ e„~~~~;"~;,,n~ Cinrlinnc► purpose
15.68.010 RESERVED
ni ihi irn' 111h~hinrrt ~ o~ nrrl~in fnlln~er~ in t~irs-r~~ ~ ; ~
/I Q7fl ~ 'I 1 QQF• nrrJ 4'~F7 f: 7l'I 'I 1 1 QQQ l ~ , , ~ ,
15.68.020 RESERVED ~~„~'~„nc
In~~ of lifo ~nr) v~rnr~or~~i' h ~nrl ~~fof~i h~ ~ tine of r+nmmorr►o ~nr)
> >
> > ~nor~l ~niolf~ro,
~nhnrorl~ rJ~rr~~~~~n~t~or ~ra~~, I I~o~ ~~f pro in~rlorvi i~~al~~ flnnrJv~rnnforl~
rnr~ R1 R1 ~ 1 ~nnQ~ nrr) 4Q~n ~ ~ ~ aati~ nrrl 4~~~ ~ ~r~ 1 QS2Q 1
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 lifer 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 forthe 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 fortheir 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;
I Draft date 2. ~ 0;.11;..2010
Page 2 of 24
Exhibit B to Ordinance 6295
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 orvelocities;
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. Identif~g 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 ; _..:130:6, 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 bean
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
I Draft date 2. ~ 0;.11;..2010
Page 3 of 24
Exhibit B to Ordinance 6295
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:
n~~r,na~l" mo~n~ ~ rorvi io~+ fnr ~ rovio~ni of orinn rli~ii~inn'~
r►ro~ ' n of env nrn~ii~inr~~ of ~i~nh?n + fnr ~ v~ri~nr+a•
~~ra~ of ~h~lln~ni flnnrlinn" mo~n~`'~''`r'Jho'~inn~+or) ~(1 nr 01--I ~nno nn ~o G~~ In~i ir~r,no R~+a AA~r► ~GIRAAI Tho ha~ flnnr) rlar,~~ r~~ frnm nr~a ~~roa foo+; ~
r►lo~rly rlofinorl nh~nnol rlno~ nn+ °~fh~fh of flnnrlinrr i~ i innrorJir►+~hlo ~nrl
i~~+°r+o• ~nrJ ~ioln~ fln~n~ m~~~ ho o~~irJ°n~~~r►h~~~ rigor) ~hao+ fln~ni ~nrJ
~ i n r~ i r+~ n
~Zro~ of Cr,o flnnrJr~l~in ~n~i~in ~ nnmrv~i ini+~i
m~n~ ~I~n~w~ in~~~~~ .
DA. "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 designated on Flood
Insurance Rate Maps ~I~~~~~~c i~~t~~~s as Zones "A" includin~AE, A0, AH, and Al-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 A0, 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 are not °er~~provided on the Flood
Insurance Study for the City +ho flnnrlnlain, ~rJminie+r~+nr shall nh+~in r,A,~io,n~ ~nrl L~1 IV IIVVbt~./Ib111 1 t.~bll 1111 IIVLI b1~V1 VI It..111 VN~t~.111 1, 1 V V IVYY, bll lu ra~~n~,n~h,l~
utii~.~e any ..:base flood elevation data available from a Federal, State, or other
authoritative source shall be used, if available..Where base flood elevation data ~n~horo
h~~o flnnrJ olo„~+inn rJ~+~ ~ronr is not available from other authoritative sources, NNVV IIVVVI VIV VN~IVI 1 t,A{..i~{..i dell VVI
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.~coa~~ This data must be approved by the Floodplain Administrator.
~ C. "Basement" means any area of the +ra~ 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 chNn;-,ol ,m;~ra±;o;^; `o;-; total area occupied
by the River Channel, the Severe Channel Migration Hazard Area, and the Moderate
Channel Migration Hazard Area° as delineated oin King Co;~n±y the Green River
Channel Migration Study .published b Kin 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
u r oses.
I Draft date 2. ~ 0;.11;..2010
Page 4 of 24
Exhibit B to Ordinance 6295
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 orotherstructures, 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
alteration of natural site characteristics', °~a vv~ttliTrnrttl° ~ra~ of ~r~oni~l flnnrJ h~~~rr)
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;
~J. "FEMA" means the Federal Emergency Management Agency, the agency
responsible for administering the National Flood Insurance Program. ~K. "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).
~ !~L. "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.
~ Mme. "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.
fN"". "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood
Insurance Rate Map, and the water surface elevation of the base flood.
"!0. "Flood Protection Elevation (FPE)" ~means~coa2~ the elevation above the datum of
the effective FIRM to which new and substantially improved structures must be protected
from flood damage.
~GP. "Floodway" means the channel of a 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~coa3~. The floodway shall be as delineated on the Flood Insurance Rate Map. Where floodwa
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
floodwa data nn+ hoon r,rn~iirlor~J +ho flnnrlr~l~in ~r~lmini~~r~~nr ~h~ll nh~~in ro~iiotni y 1 I{.A V V 1 IVI NVVI I h/I V V IL.1Vt.1, ~I IV I IVV<Af.JI{.111 I {.11.11 I III Ilvl~l
{..1~V1 VI 1{.111 VN~6.111 I, I V V IV VV,
~nr! ro~~nn~hly i i~ili~o ~n~~ h~~o flnnrJ olo~~~+inn rJ~~~ ~~~~il~hlo frnm ~ ~orJor~l Ct~~o nr NIIt.1 IVNVVIINNIy N~IIILV Nlly NNVV IIVV\.A VIV VN~IVII ~.dN~N NVb111bINIV II V111 N
1 V\.AVI NI, V~tA~V, VI
n~hor ~ni irr+o 1Alhoro ~ flnnrJ~ni~v rlolino~~inn nr is not available from another authoritative VII IVI ~7VN1 VV. Y VI IVI V L..1 IIVV<.1VV{..ly L.1V111 IV~.1~IV11 VI
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~coA~~, whichever is the lesser, shall include such data with their permit
applications. This data must be approved by the Floodplain Administrator. This provision
I Draft date 2. ~ 0;.11;..2010
Page 5 of 24
Exhibit B to Ordinance 6295
does not apply to applications for permits for small projects on large lots, such as
constructing a single famil, h
_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 underthe City's Historic Preservation
Ordinance.
2. Has been certified to contribute to the historical significance of a registered
historic district. RO. "Hyporheic Zone" means a saturated layer of rock or sediment beneath andlor
adjacent to a stream channel that contains some proportion of channel water orthat has
been altered by channel water infiltration.
. "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 priorto 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.
SST. "Lowest floor" means the lowest floor of the lowest enclosed area (including
basement) measured at the walking surface of the floor. An unfinished orflood-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; Nr~;;~°~, as long
as that s;~ch enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapterfound in ACC 15.68.170A(7)
BTU. "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.
~V! "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.
. "Native Vegetation "means plant species that are indigenous to the community
area and that reasonably could be expected to naturally occur on the site.
Y~~!. "Natural Flood-plain Functions" means the contribution that a 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.
~YZ. "New construction" means structures for which the "start of construction"
commenced on or afterthe effective date of the ordinance codified in this chapter.
AAA. "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.
I Draft date 2. ~ 0;.11;..2010
Page 6 of 24
Exhibit B to Ordinance 6295
~?BB. "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.
CC°°. "Regulatory Floodplain" means the area of the Special Flood Hazard Area and
all Protected Areas within the City of Auburn. It also includes newl~gnated Special Flood Hazard Areas and Protected Areas that are delineated pursuant to Cites
DDRB. "Riparian" means of, adjacent to, or living on, the bank of a r, ~~°rstream, lake,
pond, ocean, sound, or other water body.
ECC. "Riparian Habitat Zone" means the water body and adjacent land areas that
are likely to support aquatic and riparian habitat as detailed in this cap ~ chapter.
The size and location of the riparian habitat zone is dependent on the type of water
body. The riparian habitat zone includes the water bod, and adjacent lands, measured
perpendicularlyfrnm 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.
F_F~~. "Special Flood Hazard Area (SERA)" 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, A0, AH, A1-
99.
~ GGEE. "Start of construction" includes substantial improvement, and means #~e
~t~tFi° hi iilrJir~ir v~arrv~i~ ~ni~~ i~~i iorl; v~rn„i~~tFi~ actual start of construction, repair,
reconstruction, addition, placement or other improvement that occurred before the
permit's expiration date. 1 Qn ~f ~o r~ormi+ rl~+o, 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 andlorwalkways; nor
does it include excavation for a basement, footings, piers, or foundation or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. 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.
~ HHFF. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
I Draft date 2. ~ 0;.11;..2010
Page 7 of 24
Exhibit B to Ordinance 6295
I100'. "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.
~nr pur~os°s cf this s~ ~b~e,,+~on «mar~e+ „~I~ ~h~li m°a" th° curt°'1+ acs°ss°d ~~a'u°
~JJH!-!. "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 ~~~°~c°^' ~~+~^n 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.. F^- hi irn,n~°~ of +hi~ ~i ih~°,~++inr, ~~m~rlr°+ v~li i°" shall mA~n +hp ni irr°r,+ ~~~°~~,ArJ v~li iA
,a~ Nui ~vvvv ~i ~i iiv vur✓vv~+~~vi i, i ~ iui i~v~ v uiuv vi iulii i i i~+t,ni ~ ~i i~+ v~.+i i vi i~ uvvvvv~+u v uiu~+.
f
1 , R°fnr° ~~r~v~rn,i°m°n~ °~a-vT
2--'r~tFi~s i r►+i i r° h~ ~ h°° n rJ ~ m~ n r~r) ~ n rJ i ~ h° i n rr r° ~ t~tC~~ef nvr~tti ° rl ~ m~ n r~
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The term does not, however, include either:
1. Any project for improvement of a structure to ~ correct existing
violations of state or local health, sanitary, or safety code specifications," 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.
~KK„~. "Variance" means a grant of relief from the requirements of this chapterwhich
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.}
LLK-K. "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
MML ! . "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 subjectto inundation by shallowfloodinq usually areas of pondinq~
with average depths between one and three feet. Base flood elevations are shown.
(fl B: the area between the SFHA and the 500-year flood of the primary source of
flooding. It may also bean area with a local, shallowfloodinq problem or an area
protected by a levee.
I Draft date 2. ~ 0;.11;..2010
Page 8 of 24
Exhibit B to Ordinance 6295
(q) 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, `"'hi,,h i~ r►nmr~ri~or) of III ~ro~~
within the jurisdiction of the city. (See Lvhihi+ «o » ~++~~harJ +n
nrrlin~nr►o nnrlifior) in ~i~~or ~nrl inr+nrr~nr~~orJ horoin h~i roforonno the dtAtC
City of Auburn Regulatory Floodplain Map on file in the Office of the
cit Clerk . (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1 1989.}
15.68.080 Reserved. R~~+i~► fnr n~+f~hlic+hinn fhn ~rn~~► of ~►r~n~i~l flnnrl h~~~Mrl,
~rz+rra-a~~i~At~ ~ r»r~ of ~i~^h?~~ar Tho ~Innrl Ir~~i ir~nno Cti irJ~~ ~nr) ~IRAA era nn
> >
~rrJ ~ro~ irlan~ ' i iflinor) in Orr 1 F.R~~FfI(~hull~h~~o h~~i~ fnr
n~a ' n i ir,fil ~ no~"r ~IRAA i~ i~~i ior) tau r~nr~~~ili~arl i inrlor Orr 1 ~ RSt 1 Fn~RI rnr~l R1 R1 ~ 1 ~nnQ~ nr~4S2~n ~ ~ ~ aa~~ nr~4'2F7 ~ ~r~z a ~
> > > > ~
15.68.090 Penalties for noncompliance.
No ,
'I+~,-~eza development shall be undertaken without full compliance with the terms of this
chapter and other applicable regulations. Violation of the provisions of this chapter by
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall be enforced pursuant to the
provisions of Chapter 1.25 ACC. (Ord. 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.
I Draft date 2. ~ 0;.11;..2010
Page 9 of 24
Exhibit B to Ordinance 6295
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 f~e~e~ 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
lama a This chapter shall not create liability on the part of the city, any officer or
employee thereof~t~° ~°~°r~l In~i ir~r~^° ~rlw,inie+r~+i~n,rnrfor any f~e~ 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 ~r°~ of ter,°r+i~l flnnr) h~~~rrJ
.The permit shall be for all s ~^+~.r°~ ir,^'~ irlir~rr m~r~i if~^+i it°rJ hnm°~~ c°+~m ~ ~ fnr III n~~ development
mr►li irJinrr fill ~nrl n~°~~ ~ ,i+i°~ ~I~n ~r~~~tFi ire Orr 1 ti aQ nan 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. Higherthan 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
I Draft date 2. ~ 0;.11;..2010
Page 10 of 24
Exhibit B to Ordinance 6295
for a floodplain development permit underthis 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,
orfillin
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^
as long as such work does not qualify as a substantial improvement; ~r v rr ru~~ 4. Normal maintenance of above ground public utilities and facilities, such as
replacing downed power lines;
5. Normal street and road maintenance, including fillingpotholes, 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 forthe levee orflood control facility; and
Plowing and other normal farm practices bother 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 68160C 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
ep rmit:
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.
Provided further, that no habitat impact assessment shall be required if the remodel
does not ex and the existing buildin envelope.
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 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, gradinq, 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, Nrc~~,~e~ 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 15.68.135E and Section16.58135Kand afloodplain development permit is
issued.
R, Dorrr~i~ ' I ~nno v»rmi~~ ~h~ll r►nnfnrm ~n~~ ' n of
ni ihi irn (`if~~ (lrrlin~nr►o nln. 41 QF r,~~~orJ nn Ilor►amhor 1 F~ 1 Q~II,? (Ord. 6161 § 1 , 2008;
Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1 1989.)
15.68.135 Floodplain Development Permit Application.
I Draft date 2. ~ 0;.11;..2010
Page 11 of 24
Exhibit B to Ordinance 6295
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^
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;. -Additional) ,for pro erty located within the SFHA, base flood elevations for
shall be included as required in ACC 15.68.060.8.3, 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,
All wetlands,
8. Designated fish and wildlife habitat conservation areas, and
9. Existing native vegetation and proposed revegetation see ACC 15.68.161 D~
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 substantial) d~ged structure that will be elevated, the application shall
include the FPE forthe 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
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, i-ncludi-ng 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
ep rmits.
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
I Draft date 2. ~ 0;.11;..2010
Page 12 of 24
Exhibit B to Ordinance 6295
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.
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 15.68130 and the application shall include a Habitat Impact Assessment.
If thatAssessment 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 15.68.130~B or ~C, 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 deter-
mine if the project would adversely impact:
~a, The primary constituent elements identified when a species is listed as
threatened or endangered,
fib) 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) Waterc~uantity, including flood and low flow depths, volumes and velocities,
(g) The channel's natural meandering pattern,
(hampawning 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 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 forthe 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.
I Draft date 2. ~ 0;.11;..2010
Page 13 of 24
Exhibit B to Ordinance 6295
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o IL~a ' n om of ~ o~ ro ~ i n n i i o ~ t'Fl~r~~~J ' r) ~ i r► f > > >
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infnrm~finr~ i~ rani iirorl•
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~~~~finr~ h~i ~ rorri~~oror) r~rnfa~~inr»I onrrinoar tFi~tFi° flnnrJv~rnnfinrr
rmrr~tFinrl~ fnr ~n~i r~nnra~irlanJ ir►~i iro mood flnnrlr►rnnfir~rti ~ ori~ in Orr
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/I Ilo~n~~ ' n of v},,~,} fn ~nihi nip ~niill ho ~I~orarl nr rolnn~~or) ~e~tG`Ft~~v-v~vi-iT ~a
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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..
~C GS2 ~A~l 11n~►inn~finn of hn nif~~ of A~~h~~rn nnninnnrinn rli~iic+inn
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 Re_.uq latory Floodplain of the City
meet the requirements of this ordinance.
I Draft date 2. ~ 0;.11;..2010
Page 14 of 24
Exhibit B to Ordinance 6295
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.
F. Maintain for public inspection all records pertaining to the provisions of this chapter.
G. Submit reports as required for the National Flood Insurance Pro. rg am.
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.q., 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 Public Works
Department.
Duties of the 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 orr 1 F OQ ~nrl 1 ti ~Q this
chapter.
C. Information to Be Obtained and Maintained.~coa>~
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 ,,°,CC 15 5Q 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
I Draft date 2. ~ 0;.11;..2010
Page 15 of 24
Exhibit B to Ordinance 6295
(FEMA Form 81-65,~professional engineer, currently licensed in the State of
Washington
D. 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. 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 ve. etation 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 publicworks directorshall 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
Planning and Development Department.
Duties of the ~ 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
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
I Draft date 2. ~ 0;.11;..2010
Page 16 of 24
Exhibit B to Ordinance 6295
15.68.160 Standards of the a nnninnnrinn public
- - Works Department.
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 nei. hq boring
ro erties~coa~~_
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 th,s c`"uNfar 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.
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I Draft date 2. ~ 0;.11;..2010
Page 17 of 24
Exhibit B to Ordinance 6295
r~tAtlt-~+ lo~~f Frl In~~ nr fivo ~C 'nhovor i~ lo~~l. (Ord. 6161 § 1, 2008; Ord. 4820
§ 1, 1995; Ord. 4357 § 2(5.1), 1989.)
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 accor- dancewith 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 forthe 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, sanitar , 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 pairs, replacement, reconstruction, or improvements to substantially
damaged residential dwellings otherthan 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 pastorfuture similar developments
would not cumulati-ve-lv result in an increase of flood levels during the occurrence of the
base flood discharge by more than one foot.
15.68.161 Standards of the ei~"rn h~~ilrlinn ,~;,,;~;..n plannin
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
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
I Draft date 2. ~ 0;.11;..2010
Page 18 of 24
Exhibit B to Ordinance 6295
anchoring requirements for resisting wind forces. (Reference FEMA's "Manufactured
Home Installation in Flood Hazard Areas" guidebook for additional techniques.}
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 ,
applications for building permits shall be reviewed to assure that proposed construction
will be reasonably safe from flooding. The test of reasonableness is a local judgment
and includes use of historical data, high water marks, photographs of past flooding, etc.,
where available. Failure to elevate at least two feet above grade in these zones may
result in higher insurance rates. (Ord. 6161 § 1, 2008.)
D. Native Vegetation
The site plan required for development in the re. uq latory 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 f 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 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
necessary indicated by that assessment,. a habitat mitigation plan shall be prepared and
implemented pursuant to ACC 15.68.. ..135L.
15.68.170 ' ' Additional ~ Standards of the ei~"rn h~~ilrlinn rli~iic+inn
Planning and Development Department.
In all areas of special flood hazard where base flood elevation data is provided as set
forth in 15 5Q or 15 5Q this chapter, the following provisions are required: A. Residential Construction.
1. New construction and substantial improvement of any residential structure
~coA~~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
I Draft date 2. ~ 0;.11;..2010
Page 19 of 24
Exhibit B to Ordinance 6295
for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters
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.
Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, ,nor s"a!! "e ~,;~°~~:~n,^Q; Provided, that hose areas .may..: be used on1
parking, storage, or building access and only if they are s"a!! "e 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 ~nd!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 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; s~ as an alternative to elevation, a new or substantial improvement to a
nonresidential structure and its ~ attendant utility and sanitary facilities,
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 andlor 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
I Draft date 2. ~ 0;.11;..2010
Page 20 of 24
Exhibit B to Ordinance 6295
(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 Al-30, AH, and AE shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is one foot or more above the base
flood elevation and be securely anchored to an adequately anchored foundation system.
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, orwater 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 duality are prohibited from the Re.. uq latory
Floodplain. This prohibition does not apply to small quantities of these materials kept for
normal household use ~oNt,~nU! or to materials kept in approved containers above the FPE or in a dry floodproofed non-residential buildingl.
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 offlood-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 water that meet the criteria of this
chapter;
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
I Draft date 2. ~ 0;.11;..2010
Page 21 of 24
Exhibit B to Ordinance 6295
~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 ma~ping guidelines.
(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 and Community Acknowledgement of FEMA Map
Amendments .
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~ 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 ManagementAgency 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;
I Draft date 2. ~ 0;.11;..2010
Page 22 of 24
Exhibit B to Ordinance 6295
c. Documentation of individual legal notice to all impacted property owners
within and outside of the community, explaining the impact of the proposed action on
their property;
d. Written concurrence of the chief executive officer of any other
communities impacted by the proposed actions;
e. Written certification that no structures are located in areas which would be
impacted by the increased base flood elevation;
f. A request for revision of base flood elevation determination according to
the provisions of Section 65.6 of 44 CFR Ch. 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 forfloodway 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 Mai
Revision that approves the change.
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: The city's adoption of floodplain management ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting the post-project
condition;
~ 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 andlortechnical 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 considerfuture conditions and the cumulative effects from anticipated
future land use changes in accordance with Regional Guidance for NFIP-ESA
Hydrolo. is and Hydraulic Studies, FEMA Region X, 2010. If there is an stud rein
existence on ~coa~~ that meets the rest of this chapter's criteria, it
may be used, even if it does not account for future conditions.
I Draft date 2. ~ 0;.11;..2010
Page 23 of 24
Exhibit B to Ordinance 6295
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15.68.190 Developments within areas of special flood ~hazard~coalo~.
Notwithstanding any other provision of this chapter, the city may permit developments
within a-~~e#special flood hazard areas. Priorto approval for a developmentwhich 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.~cr
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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-by- case 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 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.)
I Draft date 2. ~ 0;.11;..2010
Page 24 of 24
Exhibit C to Ordinance 6295
Chapter 16.10 CRITICAL AREAS
16.10.010 Purpose and intent.
B. The city finds that these critical areas perform a variety of valuable and beneficial
biological and physical functions that benefit the city and its residents. Alteration of
certain critical areas may also pose a threat to public safety or to public and private property orthe environment. The city therefore finds that identification, regulation and
protection of critical areas are necessary to protect the public health, safety and general
welfare. The city furtherfinds that the functions of critical areas and the purpose of these
regulations include the following:
6. Flood Hazard Areas. Floodplains help to store and convey storm water and
flood water; recharge ground water; provide important areas for riparian habitat; and
serve as areas for recreation, education, and scientific study. Development within
floodplain areas can be hazardous to those inhabiting such development, and to those
living upstream and downstream. Floods also cause substantial damage to public and private property that results in significant costs to the public and individuals.
The primary goals of flood hazard regulations are to limit or condition
development within the ~ Regulatory Floodplain to avoid substantial
risk of damage to public and private property and that results in significant costs to the
public and individuals; to avoid significant increases in peak storm waterflows or loss of
flood storage capacity; to protect critical habitat for fish and wildlife, and to meet the
purposes set forth in Chapter 15.68 of the Auburn City Code. Requirements forthe
identification, assessment, alteration, and mitigation of flood hazard areas are contained
in Chapter 15.68 ACC.~t~e~~l~~t~~~~ ^f ~~-Dn,T~ nn~ii rr°°U ~i^^~
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. Apre-application conference is available and
encouraged prior to submitting an application for a project permit.
B. Application Requirements.
1. Timing of Submittals. Concurrent with submittal of a State Environmental
Policy Act (SEPA) checklist, or concurrent with submittal of an application for projects
exempt from SEPA, a critical area report must be submitted to the city for review when
the city believes that a critical area may be present. The purpose of the report is to
determine the extent, characteristics and functions of any critical areas located on or potentially affected by activities on a site where regulated activities are proposed. The
report will also be used by the city to determine the appropriate critical area classification
and, if applicable, to establish appropriate buffer requirements.
2. Report Contents. Reports and studies required to be submitted by this
chapter shall contain, at a minimum, the information indicated in the provisions of this
chapter applicable to each critical area. The director may tailor the information required
to reflect the complexity of the proposal and the sensitivity of critical areas that may
potentially be present.
C. Consultant Qualifications and City Review. All reports and studies
required of the applicant by this section shall be prepared by a qualified consultant as that term is defined in these regulations. The city may retain a qualified consultant paid
Draft Date 2.5.2010
Exhibit C to Ordinance 6295
for by the applicant to review and confirm the applicant's reports, studies and plans if the
following circumstances exist:
1. The city has technical information that is unavailable to the applicant; or
2. The applicant has provided inaccurate or incomplete information on
previous proposals or proposals currently under consideration.
D. Review Process. This section is not intended to create a separate critical
area review permit for development proposals. To the extent possible, the city shall
consolidate and integrate the review and processing of critical area-related aspects of
proposals with other land use and environmental considerations and approvals. Any permits required by separate codes or regulations, such as floodplain development ~e~e
comet permits or shoreline substantial development permits, shall continue to be
required. (Ord. 5894 § 1, 2005.)
Draft Date 2.5.2010
Exhibit D to Ordinance 6295
Chapter 17.04 Definitions
1. Section 17.04.045 of the Auburn City Code is repealed in its entirety.
2. Section 17.04.300 is amended to read as follows:
17.04.300 Regulatory floodway.
"Regulatory floodway" means the channel of a 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 at any point. ~
3. Chapter 17.04 is amended by adding a new section 17.04.305, as follows:
17.04.305 Regulatory Floodplain.
"Re ug latory Floodplain" means the area of the Special Flood Hazard Area and all
Protected Areas within the City of Auburn. It also includes newl~gnated Special
Flood Hazard Areas and Protected Areas that are delineated pursuant to City Law.
4. Chapter 17.04 is amended by adding a new section 17.04.335, as follows:
17.04.335 Special Flood Hazard Area.
"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 ement Agency in a
scientific and en in.~g report entitled ``Flood Insurance Study for the City of Auburn" dated
May 16,1995,andany revisions thereto, and designated on Flood Insurance Rate Maps with the letters "A" including AE, A0, AH, A 1-99.
Draft Date 2.5.2010
Exhibit E to Ordinance 6295
Chapter 17.09
SHORT SUBDIVISIONS
17.09.050 Development requirements.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of
special flood hazard or regulatory floodway, conformance with adopted city flood hazard
area ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be
submitted, as part of the short subdivision application, unless waived by the city
engineer.
3. The proposed subdivision shall have one or more new lots in the Regulatory
Floodplain set aside for open space use through deed restriction, easement, subdivision
covenant, or donation to a public agency. The density of the development in the portion
of the development outside the Regulatory F oodplain may be increased in accordance with applicable land use and subdivision regulations.
4. If a parcel has a buildable site outside the Regulatory Floodplain, it shall not be
subdivided to create a new lot that does not have a buildable site outside the Regulatory
Floodplain. This provision does not apply to lots set aside from development and
preserved as open space.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened,
constructed and maintained public street or shall be served by a private street, access
easement, tract or panhandle having direct access to such a public street. Where private
streets and access easements are provided, they shall be improved or guaranteed to the
city of Auburn and be in conformance with the city of Auburn design and construction
standards.
2. All private streets, access easements and panhandles shall be capable of
meeting the fire access requirements of Chapter 15.36A ACC and the development
standards of Chapters 17.14 and 18.31 ACC, in addition to any other requirements of
this title, including, but not limited to, an adequate surface for access and minimum turnaround requirements on dead-end streets or access easements as specified by the
fire department.
3. All proposals shall ensure that all buildable lots shall have at least one access
road connected to land outside the Regulatory Floodplain with the surface of the road at
or above the FPE.
Draft Date 2.5.2010
Exhibit F to Ordinance 6295
Chapter 17.14
IMPROVEMENT REQUIREMENTS -SUBDIVISIONS
17.14.110 Floods and flood control.
The city may disapprove a proposed subdivision because of flood, inundation or
swamp condition if the city finds that such condition poses a threat to the public health,
safety orgeneral welfare orcauses a public nuisance.
Where any portion of the proposed subdivision lies within the
"~~t~ Regulatory Floodplain, the hearing examiner shall impose a condition on the preliminary plat requiring the subdivider to conform to the city's fle~e~
h~~~rrJ 'row Floodplain Development requirements asset forth in Chapter 15.68 of the
Auburn City Code. In such cases, no development permit associated with the proposed
subdivision shall be issued by the city until said flood hazard area regulations have been
met.
The city may require dedication of land to any public body and/or the construction of
improvements and may impose other conditions necessary to protect against flooding or
inundation.
Draft Date 2.5.2010
Exhibit G to Ordinance 6295
Chapter 18.70
VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS
18.70.010 Variances - Zonin . [change only to title of this section]
New Section
18.70.025 -Variances in Regulatory Floodplains
A. Subject to conditions, safeguards and procedures provided by this section, the
hearing examiner may be empowered to hear and decide applications for variances from the terms of Chapter 15.68; provided the hearing examiner may approve a variance only
if the request conforms to all of the criteria in ACC 18.70.025.8. In reviewing applications
for a variance ,the Hearing Examiner shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance, and:
1. The danger to life and property due to flooding or erosion damage;
2. The danger that materials may be swept onto other lands to the injury of others;
3. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
4. The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site; 5. The susceptibility of the proposed facility and its contents to flood or erosion
damage and the effect of such damage on the individual owner;
6. The availability of alternative locations for the pro-posed use which are not
subject to flooding or channel migration and are not in designated fish and wildlife
habitat conservation areas;
The relationship of the proposed use to the comprehensive plan, growth
management regulations, and flood-plain management program for that area;
8. The costs of providinq^governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges;
9. The potential of the proposed development project to destroy or adversely modify a fish and wildlife habitat conservation area; and
10. The potential of the proposed development project to affect, or be affected by,
channel migration; and
11. Shall not result in a violation of this ordinance.
B. The examiner must enterfindings of fact and conclusions of law which support
the following criteria and any conditions. No variance shall be granted to the
requirements of Chapter 15.68 ACC unless the applicant demonstrates that:
1. The development project cannot be located outside the Regulatory Floodplain;
2. An exceptional hardship would result if the variance were not granted; 3. The relief requested is the minimum necessary;
4. The applicant's circumstances are unique and do not represent a problem faced
by other area properties;
5. If the project is within a designated floodway, no increase in flood levels during
the baseflood dischargewould result;
6. The project will not adversely affect fish or wildlife habitat;
Exhibit G to Ordinance 6295
If the issue is not specific to the property, but is a problem faced by other properties,
the remedy should be a revision to the ordinance ratherthan a variance.
There will be no additional threat to public health, safety, beneficial stream or
water uses and functions, or creation of a nuisance;
8. There will be no additional public expense for flood protection, lost environmental
functions, rescue or relief operations, policing, or repairs to streambeds, shorelines,
banks, roads, utilities, or other public facilities; and
9. All requirements of other permitting agencies will still be met.
C. Variances requested in connection with restoration of a historic site, building or structure may be granted using criteria more permissive than the above requirements,
provided:
1. The repair or rehabilitation is the minimum necessary to preserve the historic
character and design of the site, building or structure; and
2. The repair or rehabilitation will not result in the site, building or structure losing its
historic designation.
D. Variances to the provisions of ACC 15.68.161 and 15.68.170 may be issued for a
structure on a small or irregularly shaped lot contiguous to and surrounded b lots with
existing structures constructed below the FPE, providing the other variance criteria are
met. The applicant for such a variance shall be notified, in writing, that the structure (i)
will be subject to increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the FPE in-creases
risks to life and property. Such notification shall be maintained with a record of all
variance actions.
E. Variances pertain to a physical piece of propertr~v are not personal in nature
and are not based on the inhabitants ortheir health, economic, or financial
circumstances.
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Attachment
2
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Streams
Regulatory Floodplain: The Regulatory Floodplain is composed / ~Fq of the Special Flood Hazard Area and the Protected Area as N sFy~
shown below. ~ aysf a Special Flood Hazard Area (SFHA)
FEMA 100 Year Floodplain m D
Protected Areas ~ D F( Floodway ~ o
Riparian Habitat Zone (RHZ) `m
Channel Migration Area (CMA) `~nxE T ~PSpkw~
F Disclaimer: Maps generally depict regulatory floodplain boundaries in the City
to habge wtlh additional dataaMaps doanotanHCludescntical areas I~/ SUMNER_lgPpf w or shoreline data. Please note for mapping and reference purposes / YF some data is shown beyond Auburn
City Limits; however, /
City of Auburn Regulatory Floodplain does not extend to areas outside the City. Information shown is for general /I~/ reference purposes only and does not necessarily represent /
exact geographic or cartographic data asmapped. / Actual Regulatory Roodplain boundaries will be determined by City of Auburn Ordinance #6295, /
associated City Cade sections, and FEMA guidance documents. / Data Source: 1. FEMA 100 Year Floodplain and Floodway: FEMA Flood Insurance Rate Maps (1987 j
Pierce County, 1995 King County) 2. Riparian Habitat Zone: City of Auburn Ordinance #6295 (2010) N 3. Channel Migration Area: King County Green River
Channel Migration Zone Study (1993) and City of Auburn Ordinance #6295 (2010) w E
U bUU 1,6UU L,4UU S,1UU 4,000 Printed On: 02/18/10 V Map ID: 3433 FEET