HomeMy WebLinkAboutITEM IV-B
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Ordinance No. 6295 amending City of Auburn floodplain and flood hazard
regulations currently specified in Chapter 15.68 (Flood Hazard Areas) of the Auburn March 12, 2010
City Code and referenced in Titles 14, 16, 17, and 18 of the Auburn City Code.
Budget Impact
Department: Attachments:
:
Planning and Development Ordinance No. 6295
N/A
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 a 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 requirements of the NMFS Biological Opinion
will address the underlying reason for the enactment of the floodplain development moratorium and allow
for the moratorium to be discontinued.
On February 18, 2010, the City of Auburn submitted the proposed amendments to the Washington
Department of Commerce and requested expedited state agency regulatory review pursuant to RCW
36.70A.106. On March 8, 2010, the City received notification from the Washington Department of
Commerce that its request for expedited review had been granted.
On February 19, 2010, the City of Auburn issued a duly noticed SEPA Determination of Non-Significance
File No. SEP10-0007 for the proposed amendment of floodplain and flood hazard regulations 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 City Code.
On February 23, 2010, the Auburn Planning Commission held a duly noticed public hearing, and upon
conclusion of the hearing and the Commission’s further discussion and deliberation did then recommend
by positive motion vote to forward the proposed amendments to the City Council for consideration and
adoption action.
On March 1, 2010, the Public Works Committee reviewed and discussed the proposed amendments at a
regular meeting of the Committee. Committee members requested that staff refine and clarify Section 11
of the draft ordinance entitled “Effect of subsequent amendments”. The ordinance was subsequently
revised to address the refinements requested by the Public Works Committee, to include amendment of
the City of Auburn Fee Schedule for floodplain development permits and associated reviews, and to
include a provision for third party review of habitat impact assessments and mitigation plans.
On March 8, 2010, the Planning and Community Development Committee reviewed the proposed
amendments and approved forwarding Ordinance No. 6295 (Attachment #1) to the full City Council for
adoption. A proposed City of Auburn Regulatory Floodplain Map as referenced in the proposed
amendments is attached as Attachment #2.
On March 9, 2010, the Federal Emergency Management Agency issued a model ordinance relating to
floodplain management and the Endangered Species Act and associated regional guidance documents
for public review, with a public comment period of March 9, 2010 to April 5, 2010. The revised FEMA
regional guidance addressing habitat mitigation and hydrologic and hydraulic studies are referenced in
the proposed amendments, copies of which are included as Attachments #3 and #4.
On March 11, 2010, the staff Floodplain Review Committee reviewed the changes in the revised FEMA
model ordinance, and developed additional recommendations for the City’s proposed floodplain
regulations, as contained in Ordinance No. 6295.
On March 15, the proposed amendments were returned to the Public Works Committee for review of the
proposed amendments and additional revisions recommended by staff resulting from changes to the
FEMA model ordinance.
On March 16, FEMA staff provided the City with an initial set of review comments on the City’s proposed
floodplain amendments. Ordinance No. 6295 has been revised to reflect the review comments received
from FEMA and several minor edits for readability and clarity.
The following documents reference in Ordinance No. 6295 were previously provided to Committee
members on March 12, 2010 and are unchanged from the drafts provided (addition copies are available
upon request):
- City of Auburn Regulatory Floodplain Map
- Floodplain Habitat Assessment and Mitigation Regional Guidance, FEMA, January 2010
- Regional Guidance for Hydrologic and Hydraulic Studies, FEMA, January 2010
The Planning Commission is scheduled to hold a special meeting on March 23, 2010, to conduct a work
session to review the recommended revisions to the proposed amendments as a result of the revised
model ordinance and additional comments from FEMA.
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Action:
Committee Approval: YesNo
Council Approval: YesNo Call for Public Hearing _// _
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Norman Staff: Snyder
Meeting Date: March 22, 2010 Item Number:
ORDINANCE NO. 6 2 9 5
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 AND 15.68, AND
SECTIONS 16.10.010, 16.10.070, 17.04.300, 17.09.050,
AND 17.14.110 OF THE AUBURN CITY CODE, AND
CREATING NEW SECTIONS 17.04.305, 17.04.335 AND
18.70.025 OF THE AUBURN CITY CODE, AND
REPEALING SECTION 17.04.045 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 the federal flood plain management criteria for flood-
prone areas in the Code of Federal Regulations (44CFR 60.3) ; 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
Ordinance No. 6295
March 12, 2010
Page 1 of 44
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 boundaries that are
later determined to adversely affect 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
WHEREAS, 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, 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
March 12, 2010
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WHEREAS, It is the Council’s intention to adopt the below stated 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.
Chapter 14.03 of the Auburn City
Code be and the same hereby is amended to read as follows:
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 43.21C 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
control zone permit;
J. Public facility extension agreement;
Ordinance No. 6295
March 12, 2010
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K. Right-of-way use permit;
L. Lot line adjustment;
M. Home occupation permit;
N. Temporary use permit (administrative);
O. Administrative use permit;
P. Short subdivision (plat);
Q. Mobile home closure plans. (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).
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.)
Ordinance No. 6295
March 12, 2010
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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 or area-wide
basis. (Ord. 4835 § 1, 1996.)
Section 2. Amendment to City Code.
Chapter 15.68 of the Auburn City
Code be and the same hereby is amended to read as follows:
Chapter 15.68
1
FLOOD HAZARD AREAS
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives
15.68.010Statutory authorization.Reserved.
15.68.020Findings of fact.Reserved.
15.68.030 Statement of purpose.
15.68.040 Methods of reducing flood losses.
Article II. Definitions
15.68.050 Interpretation of language.
15.68.060 Definitions.
Article III. General Provisions
15.68.070 Land to which this chapter applies.
Reserved.
15.68.080Basis for establishing the areas of special flood hazard.
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
1
Prior Legislation: Ords. 4214 and 4220.
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March 12, 2010
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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.
15.68.140Repealed. Designation of floodplain administrator.
15.68.141 Duties of the floodplain administrator.
15.68.150 Duties and responsibilities of the city engineerpublic works
department.
15.68.151 Duties and responsibilities of the city of auburn building division
planning and development department.
Article V. Provisions for Flood Hazard Protection
standardsStandardsof the city of Auburn engineering
15.68.160General
division public works department.
15.68.161GeneralstandardsStandards of the city of Auburn building division
planning and development department.
15.68.170SpecificAdditionalstandards of the city of Auburn building division
planning and development department.
15.68.180 Floodways and community acknowledgement of FEMA map
amendments.
15.68.190 Development within areas of special flood hazard.
15.68.200 Compensatory storage equipment.
Article I. Statutory Authorization, Findings of Fact,
Purpose and Objectives
15.68.010RESERVEDStatutory authorization.
The legislature of the state of Washington has in state law delegated the
responsibility to local governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore, the city council of
the city of Auburn, Washington, does ordain as follows in this chapter. (Ord. 6161 §1,
2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.1), 1989.)
15.68.020RESERVED Findings of fact.
A.The flood hazard areas of the city are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
B.These flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazard which increase flood heights and velocities and, when
inadequately anchored, damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood damage also contribute to the
flood loss. (Ord. 6161 §1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(1.2), 1989.)
Ordinance No. 6295
March 12, 2010
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15.68.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
A. To protect human life,andhealth, and to protect property;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in areas of
special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
A. Minimize the need for publicly funded and hazardous rescue efforts to
save those who are isolated by flood waters;
B. Minimize expenditure of public money for costly flood damage repair and
flood control projects;
C. Minimize disruption of commerce and governmental services;
D. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located;
E. Maintain a stable tax base by providing for the sound use of floodprone
areas so as to minimize future flood blight areas;
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:
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March 12, 2010
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A. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may
increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in other areas.
F. Identifying the Regulatory Floodplain, the Special Flood Hazard Area, and
the Protected Area and the supporting technical data needed to delineate those areas.
G. Establishing a permit requirement so that all human development that may
affect flood hazards, water quality, and habitat is reviewed before it is constructed.
H. Setting minimum protection standards for all development to ensure that
the development will not increase the potential for flood damage or adversely affect
natural floodplain functions.
I. Setting minimum standards to protect new and substantially improved
structures from flood damage.
J. Specifying additional habitat protection criteria. Some projects do not need
afloodplainpermit (see ACC 15.68.130B, C); whereas other projects require a
floodplain permit, but do not require the habitat impact assessment required in this
chapter (see ACC 15.68.130D). For all other development projects, the applicant must
assess their impact on those factors that contribute to increased flood hazard and
degradation of habitat. If the assessment concludes that there will be an adverseeffect
impact, the permit will be denied, unless the project is redesigned to mitigate the
adverse impactseffects. (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 this chapter its most reasonable application. (Ord. 6161 § 1, 2008; Ord. 4820 § 1,
1995; Ord. 4357 § 2(2.0), 1989.)
15.68.060 Definitions.
As used in this chapter:
A.“Appeal” means a request for a review of the city engineering division’s
interpretation of any provisions of this chapter or a request for a variance.
B.“Area of shallow flooding” means a designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
Ordinance No. 6295
March 12, 2010
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indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and
AH indicates ponding.
C.“Area of Special Flood Hazard”. the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
Adversely affect/Adverse effect”
D A. “meanseffects that are a direct or indirect
result of the proposed action or its interrelated or interdependent actions and the effect
is not discountable, insignificant or beneficial. Discountable effects are extremely
unlikely to occur. Insignificant effects relate to the size of the impact and should never
reach the scale where a take occurs. Based on best judgment, a person would not: (1)
be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect
discountable effects to occur. Beneficial effects are contemporaneous positive effects
without any adverse effects. In the event that the overall effect of the proposed action is
beneficial, but is also likely to cause some adverse effects, then the proposed action is
considered to result in an adverse effect.
B.“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 (SFHA) designated on
Flood Insurance Rate Maps as Zones “A,” including AE, AO, AH, and A1-99.
C. “Base Flood Elevation” means the elevation of the base flood above the
datum of the effective FIRM.
1. The base flood elevation for the SFHAs of the City shall be as delineated
on the 100 year flood profiles in the Flood Insurance Study for the City.
2. The base flood elevation for each SFHA delineated as a “Zone AH” or
“Zone AO” shall be that elevation (or depth) delineated on the Flood Insurance Rate
Map. Where base flood depths are not available in Zone AO, the base flood elevation
shall be considered to be two feet above the highest grade adjacent to the structure.
3. Where base flood elevation data are not provided on the Flood Insurance
Study for the City, base flood elevation data available from a Federal, State, or other
authoritative source shall be used, if available. Where base flood elevation data are not
available from other authoritative sources, applicants for approval of new subdivisions
and other proposed developments (including proposals for manufactured home parks
and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include
such data with their permit applications. This data must be approved by the Floodplain
Administrator.
D. “Basement” means any area of the buildingstructurehaving its floor
subgrade (below ground level) on all sides.
E. ”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,aggradation, avulsions, and shifts in location of stream channels plus 50 feet.
1. The channel migration area shall be the total area occupied by the River
Channel, the Severe Channel Migration Hazard Area, and the Moderate Channel
Migration Hazard Area as delineated in the Green River Channel Migration Study
published by King County dated December 1993 plus 50 feet.
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March 12, 2010
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2. Where more than one channel migration zone has been delineated, the
floodplain administrator shall use the delineation that has been adopted for other local
regulatory purposes.
F. “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).
G. “Development” means any manmade change to improved or unimproved
real estate in the Regulatory Floodplain, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials,subdivision of land, removal of more than 5% of the
native vegetation on the property, or alteration of natural site characteristics.
H.“Dry Floodproofing” means any combination of structural and non
structural measures that prevent flood waters from entering a structure.
I. “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.
J. “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.
K. “FEMA” means the Federal Emergency Management Agency, the agency
responsible for administering the National Flood Insurance Program.
L. “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).
M. “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.
N. “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.
O
. “Flood Insurance Study” means the official report(s) provided by the
Federal Insurance Administration that includes flood profiles, the Flood Boundary-
FloodwayInsurance Rate Map, and the water surface elevation of the base flood.
P. “Flood Protection Elevation (FPE)” means the elevation above the datum
of the effective FIRM to which new and substantially improved structures must be
protected from flood damage.
Q. “Floodway” means the channel of a river stream or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot. The
Ordinance No. 6295
March 12, 2010
Page 10 of 44
floodway shall be as delineated on the Flood Insurance Rate Map. Where floodway data
are not provided on the Flood Insurance Study for the City, floodway data available from
a Federal, State, or other authoritative source shall be used, if available. Where
floodway data is not available from another authoritative source, applicants for approval
of new subdivisions and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever
is the lesser, shall include such data with their permit applications. This data must be
approved by the Floodplain Administrator. This provision does not apply to applications
for permits for small projects on large lots, such as constructing a single family home.
R. “Historic Structure” means a structure that:
1. Is listed on the National Register of Historic Places, the Washington
Heritage Register, or the Washington Heritage Barn Register, or has been designated a
landmark or been issued a Certificate of Appropriateness under the City’s Historic
Preservation Ordinance.
2. Has been certified to contribute to the historical significance of a
registered historic district.
S. “Hyporheic Zone” means a saturated layer of rock or sediment beneath
and/or adjacent to a stream channel that contains some proportion of channel water or
that has been altered by channel water infiltration.
T. “Impervious Surface” means a hard surface area which causes water to
run off the surface in greater quantities or at an increased rate of flow from the flow
present under natural conditions prior to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or
storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and
oiled, macadam or other surfaces which similarly impede the natural infiltration of
stormwater.
U. “Lowest floor” means the lowest floor of the lowest enclosed area
(including basement) measured at the walking surface of the floor. An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area is not considered a building’s lowest
floor; provided,as long as that suchenclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of this chapter found in
ACC
15.68.170A(2) 15.68.170A(7).
V. “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
vehicles.
include park trailers, travel trailers, and other similar recreational
W. “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.
X. “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
Ordinance No. 6295
March 12, 2010
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applicant may, at the applicant’s expense, provide an appraisal to determine market
value.
Y. “Native Vegetation” means plant species that are indigenous to the
community’s area and that reasonably could be expected to naturally occur on the site.
Z. “Natural Floodplain 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.
AA. “New construction” means structures for which the “start of construction”
commenced on or after the effective date of the ordinance codified in this chapter.
BB. “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.
CC. “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.
DD. “Regulatory Floodplain” means the area of the Special Flood Hazard Area
and all Protected Areas within the City of Auburn. It also includes newly designated
Special Flood Hazard Areas and Protected Areas that are delineated pursuant to City
Law.
EE. “Riparian” means of, adjacent to, or living on, the bank of a stream, lake,
pond, sound, or other water body.
FF. “Riparian Habitat Zone” means the water body and adjacent land areas
that are likely to support aquatic and riparian habitat as detailed in this 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 body and adjacent lands, measured
perpendicularly from ordinary high water on both sides of the water body:
1. Marine and lake shorelines and Type S streams that are designated
“shorelines of the State:” 250 feet.
2. Type F streams (fish bearing) streams greater than 5 feet wide and marine
shorelines: 200 feet.
3. Type F streams less than 5 feet wide and lakes: 150 feet.
4. Type N (nonsalmonid-bearing) perennial and seasonal streams with
unstable slopes: 225 feet.
5. All other Type N (nonsalmonid-bearing) perennial and seasonal streams:
150 feet.
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In addition, the riparian habitat zone may include additional land areas that the
Floodplain Administrator determines are likely to support aquatic and riparian habitat.
GG. “Special Flood Hazard Area (SFHA)” meansthe land subject to inundation
by the base flood. Special Flood Hazard Areas are identified by the Federal Emergency
Management Agency in the scientific and engineering reports entitled “Flood Insurance
Study for King County, Washington and Incorporated Areas“ dated April 19, 2005,and
any revisions thereto, and “Flood Insurance Study for Pierce County, Washington and
Unincorporated Areas” dated August 19, 1987, and any revisions thereto, and
designated on associated Flood Insurance Rate Maps with the letters “A” including AE,
AO, AH, A1-99.
HH. “Start of construction” includes substantial improvement, and means the
date the building permit was issued; provided the actual start of construction, repair,
reconstruction,addition,placement or other improvement was within 180 days of the
permit date that occurred before the permit’s expiration date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does 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.
II. “Structure” means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
JJ. “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.
KK. “Substantial improvement” or “substantially improved” means any repair,
reconstruction,addition, replacement or improvement of a structure, the cost of which
equals or exceeds 50 percent of the assessed valuation market value of such structure
as established by the most current King County or Pierce County assessor’s tax roll
either:
1.Before the improvement or repair is started; or
2.If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, “substantial improvement” is
considered to occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external
dimensions of the structurebeforethe “start of construction” of the improvement.
[CJA1]
This term includes structures that have incurred “substantial damage,” regardless of the
actual repair work done.
The term does not, however, include either:
Ordinance No. 6295
March 12, 2010
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1. Any project for improvement of a structure to comply with correct existing
violations of state or local health, sanitary, or safety code specifications which are solely
that have been identified by the local code enforcement official and that are the
minimumnecessary 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.
LL. “Variance” means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited by this
chapter.
MM. “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
NN. “Zone” means one or more areas delineated on the FIRM. The following
zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised
of the A Zone.
(a) A: SFHA where no base flood elevation is provided.
(b) A#: numbered A Zones (e.g., A7 or A14), SFHA with a base flood
elevation.
(c) AE: SFHA with a base flood elevation.
(d) AO: SFHA subject to inundation by shallow flooding usually resulting from
sheet flow on sloping terrain, with average depths between one and three feet. Aver-
age flood depths are shown.
(e) AH: SFHA subject to inundation by shallow flooding (usually areas of
ponding) with average depths between one and three feet. Base flood elevations are
shown.
(f) B: the area between the SFHA and the 500-year flood of the primary
source of flooding. It may also be an area with a local, shallow flooding problem or an
area protected by a levee.
(g) C: an area of minimal flood hazard, as above the 500-year flood level of
the primary source of flooding. B and C Zones may have flooding that does not meet
the criteria to be mapped as a Special Flood Hazard Area, especially ponding and local
drainage problems.
(h) D: area of undetermined but possible flood hazard.
(i) X: the area outside the mapped SFHA.
(j) Shaded X: the same as a Zone B, above. (Ord. 6161 § 1, 2008; Ord.
4820 § 1, 1995; Ord. 4357 § 2(2.1 – 2.17), 1989.)
Article III. General Provisions
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15.68.070 Land to which this chapter applies.
This chapter shall apply to the Regulatory Floodplainall areas of special flood
hazards within the jurisdiction of the city. (See Exhibit “A,” attached to the ordinance
codified in this chapter and incorporated herein by reference, the State Flood Control
ZoneCity of Auburn Regulatory Floodplain Map on file in the Office of the city Clerk).
(Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(3.1), 1989.)
15.68.080Reserved.Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled “The Flood Insurance Study
for the City of Auburn,” dated May 16, 1995, and any revisions thereto, with an
accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby
adopted by reference and declared to be a part of this chapter. The Flood Insurance
Study and FIRM are on file at 25 West Main, Auburn, Washington 98001. The best
available information for flood hazard area identification as outlined in ACC
15.68.150(B) shall be the basis for regulation until a new FIRM is issued that
incorporates data utilized under ACC 15.68.150(B). (Ord. 6161 § 1, 2008; Ord. 4820 §
1, 1995; Ord. 4357 § 2(3.2), 1989.)
15.68.090 Penalties for noncompliance.
Nostructure or land shall hereafter be constructed, located, extended, converted,
or altered 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
or repeal any other powers granted under state
C. Deemed neither to limit n
statutes.
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.)
Ordinance No. 6295
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15.68.120 Warning and disclaimer of liability.
The degree of floodproperty and habitat protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Largerfloods and movement of channels outside of
mapped channel migration areas can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes. This chapter does not imply that land
outside the areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This chapter does not imply that land outside the
regulated areas or development permitted within such areas will be free from flood or
erosion damage. This chapter shall not create liability on the part of the city, any officer
or employee thereof, or the Federal Insurance Administration, for any flooddamagesto
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 Floodplaindevelopment permit shall be obtained before construction or
development begins within the Regulatory Floodplainany area of special flood hazard
established in ACC 15.68.080. The permit shall be for all structures including
manufactured homes, as set forth in ACC 15.68.060, and for all other development
including fill and other activities, also as set forth in ACC 15.68.060 as defined in this
chapter.Application for a development permit shall be made on forms furnished by the
city and may include, but not be limited to, plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials, drainage facilities; and the location of the
foregoing. Specifically, the following information is required:
1.Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
2.Elevation in relation to mean sea level to which any structure has been
floodproofed;
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3.Certification by a registered professional engineer that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in ACC
15.68.170(B); and
4.Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
B. A development project is not subject to the requirements of this chapter if
it is located on land that can be shown to be
1. Outside the Protected Area and
2. Higher than the base flood elevation.
The floodplain administrator shall inform the applicant that the project may still be
subject to the flood insurance purchase requirements unless the owner receives a
Letter of Map Amendment from FEMA.
C. Non-Development Activities. Activities that do not meet the definition of
“development” in this chapter are allowed in the Regulatory Floodplain without the need
for a floodplain development permit under this chapter, provided all other Federal, State,
and local requirements are met. The following are examples of activities not considered
development or “man-made changes to improved or unimproved real estate.”
1. Routine maintenance of landscaping that does not involve grading,
excavation, or filling;
2. Removal of noxious weeds and hazard trees and replacement of non-
native vegetation with native vegetation;
3. Normal maintenance of structures, such as re-roofing and replacing
siding, as long as such work does not qualify as a substantial improvement;
4. Normal maintenance of above ground public utilities and facilities, such as
replacing downed power lines;
5. Normal street and road maintenance, including filling potholes, repaving,
and installing signs and traffic signals, but not including expansion of paved areas.
6. Normal maintenance of a levee or other flood control facility prescribed in
the operations and maintenance plan for the levee or flood control facility; and
7. Plowing and other normal farm practices (other than structures or filling)
on farms in existence as of the effective date of this ordinance.
D. Activities Allowed With a Floodplain Permit. The following activities are
allowed in the Regulatory Floodplain without the analysis required in Section
15.68.160C or the habitat impact assessment required under ACC 15.68.130K,
providing all other requirements of this ordinance are met, including obtaining a
floodplain development permit:
1. Repairs or remodeling of an existing structure, provided that the repairs or
remodeling are not a substantial improvement or a repair of substantial damage.
Provided further, that no habitat impact assessment shall be required if the repair or
remodel does not expand the existing building 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.
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3. Activities with the sole purpose of creating, restoring or enhancing natural
functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat,
and riparian areas that meet Federal and State standards, provided the activities do not
include structures, grading, fill, or impervious surfaces.
4. Development of open space and recreational facilities, such as parks,
trails, and hunting grounds, that do not include structures, grading, fill, impervious
surfaces or removal of more than 5% of the native vegetation on that portion ofthe
propertyin the Regulatory Floodplain.
E. Other Activities
All other activities not listed in 15.68.130C or D are allowed, 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
15.68.135K and Section 16.58.135L and a floodplain development permit is issued.
B.Permitting procedures for flood control zone permits shall conform to
Section 3 of Auburn City Ordinance No. 4195 passed on December 15, 1986. (Ord.
6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.1), 1989.)
15.68.135Floodplain Development Permit Application.
Application for a floodplain development permit shall be made on forms furnished
by the floodplain administrator and shall include, but not be limited to,
A. One or more site plans, drawn to scale, showing:
1. The nature, location, dimensions, and elevations of the property in
question,
2. Names and location of all lakes, water bodies, waterways and drainage
facilities within 300 feet of the site,
3. The elevations of the 10-, 50-, 100-, and 500-year floods, where the data
are available. Additionally, for property located within the SFHA, base flood elevations
for shall be included as required in ACC 15.68.060.B.3,
4. The boundaries of the Regulatory Floodplain, SFHA, floodway, riparian
habitat zone, and channel migration area, delineated in accordance with this chapter,
5. The proposed drainage system including, but not limited to storm sewers,
overland flow paths, detention facilities and roads,
6. Existing and proposed structures, fill, pavement and other impervious
surfaces, and sites for storage of materials,
7. All wetlands,
8. Designated fish and wildlife habitat conservation areas, and
9. Existing native vegetation and proposed revegetation (see ACC
15.68.161D).
B. If the proposed project involves regrading, excavation, or filling, the site
plan shall include proposed post-development terrain at one foot contour intervals.
C. If the proposed project includes a new structure, substantial improvement, or
repairs to a substantially damaged structure that will be elevated, the application shall
include the FPE for the building site and the proposed elevations of the following:
1. The top of bottom floor (including basement, crawlspace, or enclosure
floor)
Ordinance No. 6295
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2. The top of the next higher floor
3. The top of the slab of an attached garage
4. The lowest elevation of machinery or equipment servicing the structure
5. The lowest adjacent (finished) grade next to structure
6. The highest adjacent (finished) grade next to structure
7. The lowest adjacent grade at the lowest elevation of a deck or stairs,
including structural support
D. If the proposed project includes a new structure, substantial improvement,
or repairs to a substantially damaged nonresidential structure that will be dry
floodproofed, the application shall include the FPE for the building site and the elevation
in relation to the datum of the effective FIRM to which the structure will be dry
floodproofed and a certification by a registered professional engineer or licensed
architect that the dry floodproofing methods meet the floodproofing criteria in this
chapter.
E. The application shall include a description of the extent to which a stream,
lake, or other water body, including its shoreline, will be altered or relocated as a result
of the proposed development.
F. The application shall include documentation that the applicantwill apply
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 receivedprovides copies
ofthe required Federal, State, and local permitsor letters stating that a permit is not
required.
G. The application shall include acknowledgment by the applicant that
representatives of any Federal, State or local unit of government with regulatory
authority over the project are authorized to enter upon the property to inspect the
development.
H. If the project includes subdivision of land, the application shall include
acknowledgment that the applicant understands that the final certificate of occupancy
will be issued only if the applicant has filed a Notice to Title recording the fact that part
of the property is in the SFHA, riparian habitat zone and/or channel migration area, as
appropriate.
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.
I.If the project is located in the Regulatory Floodplain and includes activities
not listed in ACC 15.68130C and D, the application shall include a Habitat Impact
Assessment. If that Assessment determines that impacts would result from the project,
the application shall also include a Habitat Mitigation Plan.
J.Habitat Impact Assessment
Unless allowed under ACC 15.68.130C or D, an 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 beeither:
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March 12, 2010
Page 19 of 44
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 toSection 7 ofthe Endangered Species Act; or
2.Documentation that the activity fits within a Habitat Conservation Plan
approved pursuant to Section 10 of the Endangered Species Act; or
3. Documentation that the activity fits within Section 4(d) of the Endangered
Species Act; or
4.An assessment prepared in accordance with Regional Guidance foron
Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment
shall determine if the project would adverselyaffect impact:
(a) The primary constituent elements identified when a species is listed as
threatened or endangered,
(b) Essential Fish Habitat designated by the National Marine Fisheries
Service,
(c) Fish and wildlife habitat conservation areas,
(d) Vegetation communities and habitat structures,
(e) Water quality,
(f) Water quantity, including flood and low flow depths, volumes and
velocities,
(g) The channel’s natural meanderingplanformpatternand migration
processes,
(h) Spawning substrate, if applicable, and/or
(i) Floodplain refugia, if applicable.
K.Habitat Mitigation Plan
1. If the assessment conducted under ACC 15.68.135J concludes the project
is expected to have an adverseeffect 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 onfor Floodplain Habitat Assessment and
Mitigation, FEMA Region X, 2010.
(a) If the project is located outside the Protected Area, the mitigation plan
shall include such avoidance, minimization, restoration, or compensation measures as
are appropriate for the situation.
(b) If the project is located in the Protected Area, the mitigation plan shall
include such avoidance, restoration, or compensationappropriatemeasures as are
needed to ensure that there is no net loss of habitat functionadverse effectdue to the
project. Minimization measures are not allowed in the Protected Area, unless they, in
combination with other measures, result in noadverse effect. 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.
L. Third-Party Review.
For the habitat impact assessment required in ACC 15.68.135(K) or the habitat
mitigation plan required in ACC 15.68.135 (L), the City may require third-party review
when the professional opinions of the applicant's representative and the City's reviewers
Ordinance No. 6295
March 12, 2010
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cannot be reconciled. Third-party review requires the applicant's habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed
by an independent third party, paid for by the applicant but hired by the City. Third-party
review shall be conducted by a qualified consultant as defined in the Floodplain Habitat
Assessment and Mitigation Regional Guidance, FEMA Region X, 2010.
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
2
15.68.140 Designation of the Floodplain Administrator.
The Director of the planning and development department, 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.
15.68.141Duties of the Floodplain Administrator.
Duties of the floodplain administrator shall include, but not be limited to:
A.Review all floodplain development permits to determine that the permit
requirements of this ordinance have been satisfied.
B.Review all floodplain development permits to determine that all necessary
permits have been obtained from those Federal, State, or local governmental agencies
from which prior approval is required, including those local, State or Federal permits that
may be required to assure compliance with the Endangered Species Act and/or other
appropriate State or Federal laws.
C.Review all floodplain development permits to determine if the proposed
development is located in the Protected Area. If located in the Protected Area, ensure
that the applicable provisions of this chapter are met.
D. Ensure that all development activities within the Regulatory Floodplain of
the City meet the requirements of this ordinance.
E. Inspect all development projects before, during and after construction to
ensure compliance with all provisions of this ordinance, including proper elevation of the
structure.
F. Maintain for public inspection all records pertaining to the provisions of this
chapter.
G. Submit reports as required for the National Flood Insurance Program.
H. Notify FEMA of any proposed amendments to this ordinance.
I. Cooperate with State and Federal agencies to improve flood and other
technical data and notify FEMA of any new data that would revise the FIRM.
J. Make interpretations where needed, as to the exact location of the
boundaries of the Regulatory Floodplain, the SFHA and the Protected Area (e.g., where
2
NOTE: The City Code Section 15.68.140, entitled Designation of the city of Auburn engineering division, was
repealed by Ord. 6161. (See also Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.2), 1989.)
Ordinance No. 6295
March 12, 2010
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there appears to be a conflict between the mapped SFHA boundary and actual field
conditions as determined by the base flood elevation and ground elevations).
15.68.150 Duties and responsibilities of the city engineerpublic works department.
Duties of the city engineer publicworksdepartmentregarding 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 15.68160Care met.
B. Use of Other Base Flood Data. When base flood elevation data has not
been provided in accordance with ACC 15.68.080060B, the city engineer shall obtain,
review, and reasonably utilize any base flood elevation and floodway data available
from a federal, state or other sources in order to administer ACC 15.68.170(A) and
15.68.180this chapter.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data has not otherwise been isprovided
through the Flood Insurance Study or required as in accordance with this chapterACC
15.68.150B, obtain and record the actual elevation (in relation to mean sea level) of the
lowest habitable floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement; This information shall
be recorded on a current FEMA Elevation Certificate (FEMA Form 81-31), signed and
sealed by a professional land surveyor, currently licensed in the State of Washington.
2. For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level), and
(b) Maintain the floodproofing certifications required in ACC 15.68.1340 (A)(3)
this chapter.
3. Maintain for public inspection all records pertaining to the provisions of this
chapter.This information shall be recorded on a current FEMA Floodproofing Certificate
(FEMA Form 81-65), professional engineer, currently licensed in the State of
Washington.
D. Alteration of Watercourses.
1. Notify adjacent communities and the Department of Ecology prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
2. Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not diminished. If the
maintenance program does not call for cutting of native vegetation, the system shall be
oversized at the time of construction to compensate for said vegetation growth or any
other natural factor that may need future maintenance.
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Page 22 of 44
E. Interpretation of FIRM Boundaries. Make interpretations where needed as
to exact location of the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and actual field
conditions). The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation.
F. Appeals of determinations made pursuant to this chapter shall be filed with
the city’s public works director within 20 working days after the final city engineer
decision is issued. The public works director shall have 15 working days to review the
appeal, determine whether to uphold of modify the city engineer’s decision, and notify
the applicant of such determination. The decision of the public works director shall be
final. The city engineer’s and director’s decision shall be granted consistent with the
standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance
Program (44 CFR 59-76). (Ord. 6182 § 4, 2008; Ord. 6161 § 1, 2008; Ord. 4820 § 1,
1995; Ord. 4357 § 2(4.3), 1989.)
15.68.151 Duties and responsibilities of the city of Auburn building division planning
and development department.
Duties of the city building divisions planning and development departmentshall
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 15.68.150(B) 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 15.68.130(A)this
chapter;
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
Ordinance No. 6295
March 12, 2010
Page 23 of 44
15.68.160GeneralstandardsStandardsof the city of auburn engineering division
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 siteor that the
adverseimpacteffect is mitigated as required in ACC 15.68.135(J) and ACC
15.68.135(K) this chapter.
6. The site plan required in this chapter shall account for surface drainage to
ensure that:
(a). Existing and new buildings on the site will be protected from stormwater
runoff and
(b). The project will not divert or increase surface water runoff onto
neighboring properties.
7. Utilities
(a)All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
(b)Water wells shall be located outside the floodway and shall be protected
to the FPE.
(c)New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters;
(d)Onsite waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding. A habitat impact assessment shall be
conducted in accordance with ACC 15.68.135K as a condition of approval of an onsite
waste disposal system to be located in the Regulatory Floodplain.
[CJA2]
B. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize
flood damage.
Ordinance No. 6295
March 12, 2010
Page 24 of 44
2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize flood
damage.
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
4.Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated by the applicant and approved
by the engineering division for subdivision proposals and other proposed developments
which contain at least 50 lots or five acres (whichever is less).
C. Floodway Standards
1. In addition to the other requirements of this ordinance, a project to develop
in the floodway as delineated pursuant to this Chapter shall meet the following criteria:
(a) The applicant shall provide a certification by a registered professional
engineer demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed development would
not result in any increase in flood levels during the occurrence of the base flood
discharge.
(b) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for the following. The following exceptions must still meet
all other requirements in the ordinance.
(i) Repairs, reconstruction, or improvements to a residential structure which
do not increase the ground floor area, providing the cost of which does not exceed 50
percent of the market value of the structure either, (a) before the repair, or
reconstruction is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of State or local health, sanitary, or safety code specifications
which have been identified by a local code enforcement official and which are the
minimum necessary to assure safe living conditions, or to an historic structure, may be
excluded from the 50 percent calculations.
(ii) Repairs, replacement, reconstruction, or improvements to existing
farmhouses located in designated floodways and located on designated agricultural
lands that do not increase the building’s total square footage of encroachment and are
consistent with all requirements of WAC 173-158-075.
(iii) Repairs, replacement, reconstruction, or improvements to substantially
damaged residential dwellings other than farmhouses that do not increase the building’s
total square footage of encroachment and are consistent with all requirements of WAC
173-158-076; or
(iv) Repairs, reconstruction, or improvements to residential structures
identified as historic structures that do not increase the building’s dimensions.
2. In riverine Special Flood Hazard Areas where a floodway has not been
delineated pursuant to this chapter, the applicant for a project to develop in the SFHA
shall provide a certification by a registered professional engineer demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed development and all other past or future similar
developments would not cumulatively result in an increase of flood levels during the
Ordinance No. 6295
March 12, 2010
Page 25 of 44
occurrence of the base flood discharge by more than one foot. (Ord. 6161 § 1, 2008;
Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.1), 1989.)
15.68.161General standards Standardsof the city of Auburn building division
planning and development department.
In all areas of special flood hazard the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This requirement is in addition to other
anchoring requirements for resisting wind forces. (Reference FEMA’s “Manufactured
Home Installation in Flood Hazard Areas” guidebook for additional techniques.)
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities shall be designed and/or otherwise elevated or located so as
to prevent water from entering or accumulating within the components during conditions
of flooding.
C. Review of Building Permits. Where elevation data is not available either
through the Flood Insurance Study or from another authoritative source (ACC
15.68.150(B)), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding. The test of reasonableness
is a local judgment and includes use of historical 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.
D. Native Vegetation
The site plan required for development in the regulatory floodplain shall show
existing native vegetation.
1. In the riparian habitat zone, native vegetation shall be left undisturbed,
except if in connection with an activity allowed in the Regulatory Floodplain without a
permit, and except for activities with the sole purpose of creating, restoring or enhancing
natural functions associated with floodplains, streams, lakes, estuaries, marine areas,
habitat, and riparian areas that meet Federal and State standards, provided the
activities do not include structures, grading, fill, or impervious surfaces.
2. Outside the riparian habitat zone, removal of native vegetation shall not
exceed 35 percent of the surface area of the portion of the site in the Regulatory
Floodplain. Native vegetation in the riparian habitat zone portion of the property can be
counted toward this requirement.
Ordinance No. 6295
March 12, 2010
Page 26 of 44
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 indicated by
that assessment, a habitat mitigation plan shall be prepared and implemented pursuant
to ACC 15.68.135L. (Ord. 6161 § 1, 2008.)
15.68.170SpecificAdditionalstandards of the city of auburn building division
planning and development department.
In all areas of special flood hazard where base flood elevation data is provided
as set forth in ACC 15.68.080 or 15.68.150(B)this chapter, the following provisions are
required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more above base
flood elevation. Enclosed crawl space areas no taller than three feet, measured from the
lowest ground within the crawl space to the bottom of the structural system directly
supporting the floor slab or sheathing above, shall not be considered as a basement.
2. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic and hydrodynamic
flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters.
3. The structure shall be aligned parallel with the direction of flood flows.
4. The structure shall be anchored to prevent flotation, collapse, or lateral
movement of the structure.
5. All materials below the FPE shall be resistant to flood damage and firmly
anchored to prevent flotation. Materials harmful to aquatic wildlife, such as creosote, are
prohibited below the FPE.
6. Electrical, heating, ventilation, duct work, plumbing, and air-conditioning
equipment and other service facilities shall be elevated above the FPE. Water, sewage,
electrical, and other utility lines below the FPE shall be constructed so as to prevent
water from entering or accumulating within them during conditions of flooding.
7. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited; Provided, that those areas may be used only for parking, storage, or building
access and only if they are 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 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.
Ordinance No. 6295
March 12, 2010
Page 27 of 44
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.or,As an alternative to elevation, a new or substantial
improvement to a nonresidential structure and its together with attendant utility and
sanitary facilities, may be dry floodproofed in A Zones. The project shall meet the
following requirements:
1. Be floodproofed so that below one foot above the base flood level the structure
is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by a registered professional engineer or a registered
professional architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of this subsection based on
their development and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in ACC 15.68.150(C)(2);
4. Nonresidential structures that are elevated, not floodproofed, must meet
the same standards for space below the lowest floor as described in subsection (A)(2)
of this section;
5. Applicants floodproofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g., a building constructed to one foot above the base flood level
will be rated as one foot below that level).
C. Manufactured Homes. All manufactured homes to be placed or
substantially improved within zones A1-30, AH, and AE shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is one foot
or more above the base flood elevation and be securely anchored to an adequately
anchored foundation system.
D. Recreational Vehicles. Recreational vehicles placed on sites are required
to either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use, on wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Meet the requirements of subsection C of this section and the elevation
and anchoring requirements for manufactured homes.
E. Hazardous Materials. No new development shall create a threat to public
health, public safety, or water quality. Chemicals, explosives, gasoline, propane,
buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other
materials that are hazardous, toxic, or a threat to water quality are prohibited from the
Regulatory Floodplain. This prohibition does not apply to small quantities of these
materials kept for normal household use or to materials kept in approved containers
above the FPE or in a dry floodproofed non-residential building.
Ordinance No. 6295
March 12, 2010
Page 28 of 44
F. Small Structures. A low cost building such as a detached garage,
boathouse, pole barn, or storage shed, that is no larger than 500 square feet and is not
used for human habitation may be exempt from the elevation requirement of this
chapter, provided:
1. It is used only for parking or storage;
2. It is constructed and placed on the building site so as to offer minimum
resistance to the flow of floodwaters;
3. It is anchored to prevent flotation which may result in damage to other
structures;
4. All portions of the structure below the FPE must be constructed of flood-
resistant materials;
5. Service utilities such as electrical and heating equipment meet the
standards of this chapter;
6. It has openings to allow free flowage of water that meet the criteria of this
chapter;
7. The project meets all the other requirements of this chapter.
G. Location of structures. Structures and other development shall be located
to avoid flood damage.
1. If a lot has a buildable site out of the Regulatory Floodplain, all new
structures shall be located in that area.
2. If a lot does not have a buildable site out of the Regulatory Floodplain, all
new structures, pavement, and other development must be sited in the location that has
the least impact on habitat by locating the structures as far from the water body as
possible or placing the structures on the highest land on the lot.
H. Critical Facilities.
1. Construction of new critical facilities shall be, to the extent possible,
located outside the limits of the Regulatory Floodplain.
2. Construction of new critical facilities shall be permissible if no feasible
alternative site is available, provided
(a) Critical facilities shall have the lowest floor elevated three feet above the
base flood elevation or to the height of the 500-year flood, whichever is higher. If there
is no available data on the 500-year flood, the permit applicants shall develop the
needed data in accordance with FEMA mapping guidelines.
(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.)
15.68.180Floodways and
Community Acknowledgement of FEMA Map
Amendments.
Located within areas of special flood hazard established in ACC 15.68.080 are
areas designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of floodwaters which carry debris, potential projectiles and erosion
potential, the following provisions apply:
A.Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless it has been demonstrated through
Ordinance No. 6295
March 12, 2010
Page 29 of 44
hydrologic and hydraulic analysis performed in accordance with standard engineering
practices with certification provided by a registered professional engineer that
encroachments shall not result in any increase in flood levels during the occurrence of
the base flood discharge;
B.Construction or reconstruction of residential structures is prohibited within
designated floodways, except for (1) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (2) repairs, reconstruction or
improvements to a structure, the cost of which does not exceed 50 percent of the
assessed valuation of the structure as established by the most current King County or
Pierce County assessor’s tax roll, either (a) before the repair, reconstruction, or repair is
started, or (b) if the structure has been damaged, and is being restored, before the
damage occurred. Work done on structures to comply with existing health, sanitary, or
safety codes or to structures identified as historic places shall not be included in the 50
percent;
C.If subsection A of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of this chapter;
DNotwithstanding any other provision of this chapter, the city may permit
encroachments within the adopted regulatory floodway upon receipt of approval of the
Federal Insurance Administrator and completion of the conditions of this section.
1. Prior to a developer being authorized to encroach upon the adopted
regulatory floodway to an extent which will cause base flood elevation increases in
excess of those permitted in subsection A of this section, the developer shall provide,
for city review and submission to the Federal Insurance Administrator, the following:
a. A request for conditional approval of map change and the appropriate
initial fee as specified by Section 72.3 of 44 CFR Ch. I Federal Emergency
Management Agency or a request for exemption from fees as specified by Section 72.5
of 44 CFR Ch. I Federal Emergency Management Agency. Sections 72.3 and 72.5 of 44
CFR Ch. I Federal Emergency Management Agency are herein adopted by reference in
their entirety including any future amendments thereto;
b. An evaluation of alternatives which would not result in a base flood
elevation increase above that permitted under subsection A of this section
demonstrating why these alternatives are not feasible;
c. Documentation of individual legal notice to all impacted property owners
within and outside of the community, explaining the impact of the proposed action on
their property;
d. Written concurrence of the chief executive officer of any other
communities impacted by the proposed actions;
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;
Ordinance No. 6295
March 12, 2010
Page 30 of 44
g. A request for floodway revision in accordance with the provisions of Section
65.7 of 44 CFR Ch. I Federal Emergency Management Agency. Section 65.7 of 44 CFR
Ch. I Federal Emergency Management Agency is herein adopted by reference in its
entirety.
B. City review of changes to flood hazard data.
1. All requests to revise or change the flood hazard data, including requests
for a Letter of Map Revision and a Conditional Letter of Map Revision shall be reviewed
by the floodplain administrator.
(a). The floodplain administrator shall not sign the Community
Acknowledgement Form for any requests based on filling or other development, unless
the applicant for the letter documents that such filling or development is in compliance
with this ordinance.
(b). The floodplain administrator shall not approve a request to revise or
change a floodway delineation until FEMA has issued a Conditional Letter of Map
Revision that approves the change.
(c) Upon receipt of the Federal Insurance Administrator’s conditional approval
of map change and prior to the approval of the proposed encroachments, the developer
shall compensate the city for all costs incurred by the city which are associated with:
(1) The city’s adoption of floodplain management ordinances incorporating
the increased base flood elevations and/or revised floodway reflecting the post-project
condition;
(2) The city’s submittal of evidence to the Federal Insurance Administrator of
the city’s adoption of said revised floodplain management ordinances.
3. Within three months of completion of the proposed encroachments, the
developer shall be responsible for providing certified record drawings and/or technical or
scientific data to the city for submittal to the Federal Insurance Administrator.
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-ESAHydrologic and Hydraulic Studies FEMA Region X, 2010. If the
data in question are shown on the published FIRM, the submittal must also include a
request to FEMA for a Conditional Letter of Map Revision.
3. All new hydrologic and hydraulic flood studies conducted pursuant to this
chapter shall consider future conditions and the cumulative effects from anticipated
future land use changes in accordance with Regional Guidance for NFIP-ESA
Hydrologic and Hydraulic Studies, FEMA Region X, 2010. If there is an study in
existence on the date this provision becomes effective that meets the rest of this
chapter’s criteria, it may be used, even if it does not account for future conditions. (Ord.
6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.3), 1989.)
15.68.190 Developments within areas of special flood hazard
Notwithstanding any other provision of this chapter, the city may permit
developments within areas of
special flood hazard areas. Prior to approval for a
development which will increase the water surface elevation of the base flood by more
than one foot, a developer must comply with the requirements set forth in ACC
Ordinance No. 6295
March 12, 2010
Page 31 of 44
15.68.180(DA). (Ord. 6161 § 1, 2008; Ord. 4820 § 1, 1995; Ord. 4357 § 2(5.4),
[CJA3]
1989.)
15.68.200 Compensatory storage equipmentrequirements.
A. Development proposals shall not reduce the effective baseflood storage
volume at base floodelevation. Where fill, grading or other activities that may
[CJA4]
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;
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.)
Section 3. Amendment to City Code.
Section 16.10.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
16.10.010 Purpose and intent.
A.The city of Auburn contains numerous areas that can be identified and
characterized as critical or environmentally sensitive. Such areas within the city include
wetlands, streams, wildlife habitat, significant trees, geologic hazards, ground water
protection areas, and flood hazards.
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 or the 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 further finds that the functions of critical areas and
the purpose of these regulations include the following:
1. Wetlands. Wetlands perform a variety of functions that include maintaining
water quality; storing and conveying storm water and flood water; recharging ground
water; providing important fish and wildlife habitat; and serve as areas for recreation,
education and scientific study, and aesthetic appreciation.
Ordinance No. 6295
March 12, 2010
Page 32 of 44
Wetland buffers serve to moderate runoff volume and flow rates; reduce
sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable
water temperatures; provide habitat for wildlife; and protect wetland resources from
harmful intrusion.
The primary goals of wetland regulation are to avoid adverse effects to
wetlands impacts; to achieve no net loss of wetland function and value – acreage
[CJA5]
may also be considered in achieving the overall goal; to provide levels of protection that
reflect the sensitivity of individual wetlands and the intensity of proposed land uses; and
to restore and/or enhance existing wetlands, where possible.
2. Streams. Streams and their associated riparian corridors provide
important fish and wildlife habitat; help to maintain water quality; store and convey storm
water and flood water; recharge ground water; and serve as areas for recreation,
education and scientific study and aesthetic appreciation. Stream buffers serve to
moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic
pollutants; provide shading to maintain desirable water temperatures; provide habitat for
wildlife; and protect stream resources from harmful intrusion.
The primary goals of stream regulation are to avoid adverse effects impacts to
streams and associated riparian corridors; to achieve no net loss of functions and
values of the larger ecosystem in which the stream is located; to protect fish and wildlife
resources; to protect water quality through appropriate management techniques; and,
where possible, to provide for stream enhancement and rehabilitation.
3. Wildlife Habitat. Wildlife habitat provides opportunities for food, cover,
nesting, breeding and movement for fish and wildlife; maintains and promotes diversity
of species and habitat; coordinates habitat protection with elements of the open space
system; helps to maintain air and water quality; helps control erosion; serves as areas
for recreation, education, scientific study, and aesthetic appreciation; and provides
neighborhood separation and visual diversity within urban areas.
The primary goals of wildlife habitat regulation are to avoid adverse effects
impacts to critical habitats for fish and wildlife; to achieve no net loss of functions and
values of the larger ecosystem in which the wildlife habitat is located; to implement the
goals of the Endangered Species Act; to promote connectivity between habitat areas to
allow for wildlife movement; to provide multi-purpose open space corridors; and where
possible to provide for fish and wildlife habitat enhancement and rehabilitation that
reflect the sensitivity of the species.
4. Ground Water Protection Areas. Ground water protection areas provide a
source of potable water and contribute to stream discharge/flow. Such areas contribute
to the recharge of aquifers, springs and/or wells and are susceptible to contamination of
water supplies through infiltration of pollutants through the soil.
The primary goals of ground water protection regulations are to protect ground
water quality by maintaining the quantity of recharge; avoiding or limiting land use
activities that pose potential risk of aquifer contamination; and to minimize or avoid
adverse effects impacts to ground water protection areas through the application of
performance standards, and to comply with the requirements of the Federal Safe
Drinking Water Act and Washington Administrative Code that require Group A public
water systems to develop and implement a wellhead protection program.
Ordinance No. 6295
March 12, 2010
Page 33 of 44
5. Geologic Hazard Areas. Geologic hazard areas include lands or areas
characterized by geologic, hydrologic and topographic conditions that render them
susceptible to varying degrees of risk of landslides, erosion, seismic or volcanic activity.
The primary goals of regulating geologic hazards are to avoid and minimize
potential impacts to life and property by regulating and/or limiting land uses where
necessary, and to conduct appropriate levels of analysis and ensure sound engineering
and construction practices to address identified hazards.
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 100-year floodplain 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 water flows or loss of
flood storage capacity; and to implement the objectives of the Draft Mill Creek Flood
Control Plan, if and when adoptedto protect critical habitat for fish and wildlife, and to
meet the purposes set forth in Chapter 15.68 of the Auburn City Code. Requirements
for the identification, assessment, alteration, and mitigation of flood hazard areas are
contained in Chapter 15.68 ACC.
C. This chapter of the Auburn City Code and other sections as incorporated
by reference contain standards, procedures, criteria and requirements intended to
identify, analyze, and mitigate potential impacts to the city's critical areas, and to
enhance and restore degraded resources where possible. The general intent of these
regulations is to avoid impacts to critical areas. In appropriate circumstances, impacts to
specified critical areas resulting from regulated activities may be minimized, rectified,
reduced and/or compensated for, consistent with the requirements of this chapter.
D. It is the further intent of this chapter to:
1. Comply with the requirements of the Growth Management Act (Chapter
36.70A RCW) and implement rules to identify and protect critical areas and to perform
the review of development regulations required by RCW 36.70A.215;
2. Develop and implement a comprehensive, balanced and fair regulatory
program that avoids impacts to critical resources where possible, that requires that
mitigation be performed by those affecting critical areas, and that thereby protects the
public from injury, loss of life, property or financial losses due to flooding, erosion,
landslide, seismic events, soil subsidence, or steep slope failure;
3. Implement the goals and policies of the Auburn comprehensive plan,
including those pertaining to natural features and environmental protection, as well as
goals relating to land use, housing, economic development, transportation, and
adequate public facilities;
4. Serve as a basis for exercise of the city's substantive authority under the
State Environmental Policy Act (SEPA) and the city's environmental review procedures,
Ordinance No. 6295
March 12, 2010
Page 34 of 44
where necessary to supplement these regulations, while also reducing the city's reliance
on project-level SEPA review;
5. Provide consistent standards, criteria and procedures that will enable the
city to effectively manage and protect critical areas while accommodating the rights of
property owners to use their property in a reasonable manner;
6. Provide greater certainty to property owners regarding uses and activities
that are permitted, prohibited, and/or regulated due to the presence of critical areas;
7. Coordinate environmental review and permitting of proposals involving
critical areas with existing development review and approval processes to avoid
duplication and delay pursuant to the Regulatory Reform Act, Chapter 36.70B RCW;
8. Establish conservation and protection measures for threatened and
endangered fish species in compliance with the requirements of the Endangered
Species Act and the Growth Management Act requirements to preserve or enhance
anadromous fisheries, WAC 365-195-925;
9. Alert members of the public, including appraisers, assessors, owners,
potential buyers or lessees, to the development limitations of critical areas and their
required buffers.
E. Best Available Science. The city has considered and included the best
available science in developing these regulations, consistent with RCW 36.70A.172 and
WAC 365-195-900, et seq. This has been achieved through research and identification
of relevant technical sources of information, consultation with experts in the disciplines
covered by this chapter, and consultation and requests for technical information
regarding best available science from state and federal resource agencies.
Preparation of this chapter has included the use of relevant nonscientific
information, including consideration of legal, social, policy, economic, and land use
issues. This reflects the city's responsibilities under numerous laws and programs,
including other provisions of the Growth Management Act, and the need to weigh and
balance various factors as part of decision making to accomplish municipal objectives.
This may result in some risk to the functions and values of some critical areas. The city
will also use its authority under the State Environmental Policy Act (SEPA) to identify,
consider and mitigate, where appropriate, significant adverse effects on critical
resources not otherwise addressed by the regulations of this chapter.
The city intends to review and monitor implementation of its critical areas
regulations and to use an adaptive management approach. It will make adjustments to
the regulations, as appropriate, in response to changing conditions, new information
about best available science, or empirical data indicating the effectiveness of its
regulatory program. This will occur in the context of the city's ongoing review and
revision of its comprehensive plan and development regulations pursuant to the Growth
Management Act.
Additional information, both scientific and nonscientific, regarding compliance
with WAC 365-195-915(c), including identification of risks to resources, is contained in
the findings and conclusions and the overall record supporting adoption of Auburn's
critical areas regulations. (Ord. 5894 § 1, 2005.)
Ordinance No. 6295
March 12, 2010
Page 35 of 44
Section 4. Amendment to City Code.
Section 16.10.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
16.10.070 Critical area review process and application requirements.
A. Pre-Application Conference. A pre-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 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 flood plain development
zone control permits or shoreline substantial development permits, shall continue to be
required. (Ord. 5894 § 1, 2005.)
Section 5.
Amendment to City Code.
Section 17.04.300 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.04.300 Regulatory floodway.
“Regulatory floodway” meansthe channel of a river or other water course and
the adjacent land areas which must be reserved in order to discharge a flood without
cumulatively increasing the water surface elevation by more than one foot, as indicated
Ordinance No. 6295
March 12, 2010
Page 36 of 44
on the applicable Flood Insurance Rate Map (FIRM) map.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.
Section 6. Amendment to City Code.
Section 17.09.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
17.09.050 Development requirements.
A.Lot Area and Dimensions. Each lot created by short subdivision shall
contain sufficient square footage and lot dimensions to meet the requirements of ACC
Title 18. Each lot to be served by an on-site sewage disposal system shall be a
minimum of 15,000 square feet in area and shall also meet the minimum lot area
requirements of the county department of health rules and regulations. Land contained
in access easements, tracts or panhandles shall not be included in lot area or lot
dimension calculations for the purposes of this section.
B. Every lot within a short subdivision shall be capable of being reasonably
served by public or private sewage disposal, water, storm drainage facilities and streets.
The city will not approve a short subdivision for which a building permit cannot be
issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm
drainage facilities adjacent to or within the short subdivision shall be in conformance
with adopted city ordinances, standards and policies. Easements for utilities
recommended by such plans shall be provided to the city, with the exact location of
such easements to be determined by the city engineer.
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 subdivisionshould 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 Floodplain 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,tract, or parcel within a binding site plan 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.
E. Adjacent Streets. When any public street lying adjacent to the property
being short subdivided has insufficient width or for any other reason does not conform
to minimum street standards, in accordance with the city design and construction
Ordinance No. 6295
March 12, 2010
Page 37 of 44
standards, sufficient additional right-of-way shall be dedicated to the city and
appropriate improvements shall be made by the subdivider to conform the abutting half
of the street to such standards consistent with Chapter 12.64A ACC. Deferral of such
improvement requirements shall be in conformance with the city of Auburn design and
construction standards.
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.
G. Dedication of Streets. Dedication of a public street or streets may be
required, whenever the city engineer finds that one or more of the following conditions
applies:
1. The general alignment of a proposed private street, access easement or
panhandle follows the general alignment of a future arterial as shown in the
comprehensive plan; or
2. The general alignment of a proposed private street, access easement or
panhandle can be reasonably modified to provide a desirable through-connection
between two or more existing or planned public streets or arterials; or
3. A public street would be necessary to provide adequate access to
adjacent property not subject to the proposed short subdivision.
H. Fire Hydrants. All lots within a short subdivision shall be capable of being
served by a fire hydrant as required by Chapter 13.16 ACC. Property zoned RC,
residential conservancy, may be exempt, provided the requirements of ACC 13.16.030
are met.
I. The final recorded subdivision plat shall include a notice that part of the
property is in the SFHA, riparian habitat zone and/or channel migration area, as
appropriate.
(Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008; Ord. 6006 § 3, 2006. Formerly
17.14.055)
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March 12, 2010
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Section 7. Amendment to City Code.
Section 17.14.110 of the Auburn
City Code be and the same hereby is amended to read as follows:
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 or general welfare or causes a public nuisance.
Where any portion of the proposed subdivision lies within the area of special flood
hazard or the floodway Regulatory Floodplain, the hearing examiner shall impose a
condition on the preliminary plat requiring the subdivider to conform to the city’s flood
hazard areaFloodplain Development requirements as set 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.
Section 8. New Section to City Code.
Section 17.04.305 of the Auburn
City Code be and the same hereby is created to read as follows:
17.04.305 Regulatory Floodplain.
“Regulatory Floodplain” means the area of the Special Flood Hazard Area and all
Protected Areas within the City of Auburn. It also includes newly designated Special
Flood Hazard Areas and Protected Areas that are delineated pursuant to City
Ordinance.
Section 9. New Section to City Code.
Section 17.04.335 of the Auburn
City Code be and the same hereby is created to read as follows:
17.04.335 Special Flood Hazard Area.
“Special Flood Hazard Area (SFHA)” meansthe land subject to inundation by the
base flood. Special Flood Hazard Areas are identified by the Federal Emergency
Management Agency in the scientific and engineering reports entitled “Flood Insurance
Study for King County, Washington and Incorporated Areas“ dated April 19, 2005, and
any revisions thereto, and “Flood Insurance Study for Pierce County, Washington and
Unincorporated Areas” dated August 19, 1987, and any revisions thereto, and
designated on associated Flood Insurance Rate Maps with the letters “A” including AE,
AO, AH, A1-99.
Ordinance No. 6295
March 12, 2010
Page 39 of 44
Section 10.New Section to City Code.
A New Section 18.70.025 of the
Auburn City Code be and the same hereby is created to read as follows:
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.B. 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 proposed use which are not
subject to flooding or channel migration and are not in designated fish and wildlife
habitat conservation areas;
7. The relationship of the proposed use to the comprehensive plan, growth
management regulations, and floodplain management program for that area;
8. The costs of providing 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
affectmodify 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
Shall not result in a violation of this ordinance.
11.
12. Must be compliant with the Endangered Species Act.
B. The examiner must enter findings 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;
Ordinance No. 6295
March 12, 2010
Page 40 of 44
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 base flood discharge would result;
6. The project will not adversely affect fish or other wildlife habitat;
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 rather than a variance.
7. 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
by 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 increases 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 property. They are not personal in
nature and are not based on the inhabitants or their health, economic, or financial
circumstances.
Section 11.
Repeal of Section of City Code.
Section 17.04.045 of the
Auburn City Code (Definitions - Area of special flood hazard.) is repealed in its entirety.
TEXT OF REPEALED SECTION
17.04.045 Area of special flood hazard.
"Area of special flood hazard" means the land within the floodplain in a
community subject to a one percent or greater chance of flooding in any given
year, as indicated in the Flood Insurance Rate Map (FIRM) program entitled
Flood Boundary and Floodway Map. (Ord. 6239 § 1, 2009.)
Ordinance No. 6295
March 12, 2010
Page 41 of 44
Section 12. Incorporation of Guidelines.
The “Floodplain Habitat
Assessment and Mitigation Regional Guidance”, developed by the Federal Emergency
Management Agency drafted and dated January 2010, and any subsequent
amendments or versions promulgated by the Federal Emergency Management Agency,
and the “Regional Guidance for Hydrologic and Hydraulic Studies, developed by the
Federal Emergency Management Agency drafted and dated January 2010, and any
subsequent amendments or versions promulgated by the Federal Emergency
Management Agency shall be on file with the City Clerk, and incorporated herein by this
reference, for use in connection herewith.
Section 13. Ministerial Corrections.
The Code Reviser is authorized
and directed to change all references to “Flood Control Zone Permits” in the Auburn City
Code to “Floodplain Development Permit.”
Section 14. Repeal of Moratorium.
The moratorium on the filing, receipt,
and approval of applications for development in the floodplain created by Resolution
4416 and extended by Resolutions 4442, 4476, and 4535 is hereby terminated as of the
effective date of this Ordinance.
Section 15. Fee schedule.
The City of Auburn Fee Schedule shall be
amended to include the following fees:
Planning Department Fees
Floodplain development permit (when other City of Auburn development permits
required).............................................................................................................$0
Floodplain development permit (stand alone permit; no other City of Auburn
development permits required)...................................................................$50.00
Ordinance No. 6295
March 12, 2010
Page 42 of 44
Habitat Impact Assessment Report Review Fee (stand alone submittal)..$250.00
Habitat Mitigation Plan Review Fee (stand alone submittal)......................$250.00
Combined Habitat Impact Assessment/Mitigation Plan Review Fee........$500.00
and shall be further amended to delete the following fee:
Public Works Department Fees
6. Flood Control Zone Permit: (Per Ordinance No. 5819)
Base permit fee...........................................................................................$50.00
The City Clerk is authorized to insert amend the City of Auburn Fee Schedule
consistent with this section without any further action by the City Council.
Section 16. 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 17. 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
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.
Effective date.
Section 18.
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. If the City receives approval of the ordinance from the federal
Ordinance No. 6295
March 12, 2010
Page 43 of 44
agencies, provisions herein shall automatically 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
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
Ordinance No. 6295
March 12, 2010
Page 44 of 44