Ordinance 2419JEH:jt
2/1/84
ORDINANCE NO. 2419
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, CREATING A NEW CHAPTER IN THE EDMONDS
COMMUNITY DEVELOPMENT CODE, CHAPTER 19.95
ENTITLED "FLOOD PLAIN MANAGEMENT", AMENDING
SECTION 19.00.010(I) OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO PROVIDE FOR REVIEW OF
BUILDING, GRADING AND EXCAVATION PERMITS FOR
HAZARDOUS SITES BY THE CITY ENGINEER, AND
ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new chapter 19.95 entitled "Flood Plain
Management" is hereby added to the Edmonds Community
Development Code to read as follows:
19.95.010 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 methods and
provisions designed for:
A. Restricting or prohibiting uses which are
dangerous to health, safety, and property due
to water or erosion hazards, or which result in
damaging increases in erosion or in flood
heights or velocities;
B. Requiring that uses vulnerable to floods,
including facilities which serve such uses, be
protected against flood damage at the time of
initial construction;
C. Controlling the alteration of natural flood
plains, stream channels, and natural protective
barriers, which help accommodate or channel
flood waters;
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
flood waters or which may increase flood
hazards in other areas.
19.95.020 DEFINITIONS
Unless specifically defined below, 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 ordinance its most reasonable
application. The following terms are defined for
the purposes of this Chapter only:
A. "Area of Special Flood Hazard" means the land
in the flood.plain within a community subject
to a one percent or greater chance of flooding
in any given year.
B. "Base Flood" means the flood having a one
percent chance of being equalled or exceeded in
any given year.
C. "Development" means any man-made change to
improved or unimproved real estate, including
but not limited to buildings or other struc-
tures, mining, dredging, filling, grading,
paving, excavation or drilling operations
located within the area of special flood
hazard.
D. "Flood or Flooding" means a general and tempo-
rary condition of partial or complete inunda-
tion 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.
E. "Flood Insurance Rate Map" (FIRM) means the
official map on which the Federal Insurance
Administration has delineated both the areas of
special flood hazards and the risk premium
zones applicable to the community.
F. "Flood Insurance Study" means the official
report provided by the Federal Insurance
Administration that includes flood profiles,
the Flood Boundary-Floodway Map, and the water
surface elevation of the base flood.
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G. "Floodway" means the channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
base flood without cumulatively increasing the
water surface elevation more than one foot.
H. "Habitable Floor" means any floor usable for
living purposes, which includes working, sleep-
ing, eating, cooking or recreation, or any
combination thereof. A floor used only for
storage purposes is not a "habitable floor".
I. "Mobile Home" means a structure that is
transportable in one or more sections, built on
a permanent chassis, and designed to be used
with or without a permanent foundation when
connected to the required utilities. It does
not include recreational vehicles or travel
trailers.
J. "New Construction" means structures for which
the "start of construction" commenced on or
after the effective date of this ordinance.
K. "Start of Construction" means the first place-
ment of permanent construction of a structure
(other than a mobile home) on a site, such as
the pouring of slabs or footings or any work
beyond the stage of excavation. 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 foundations
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 as part
of the main structure.
L. "Structure" means a walled and roofed building
or mobile home that is principally above
ground.
M. "Substantial Improvement" means any repair,
reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent
of the market value of the structure either:
1. Before the improvement or repair is
started, or
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2. If the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition
"substantial improvement" is considered to
occur when the first alteration of any
wall, ceiling, floor, or other structural
part of the building commences, whether or
not that alteration affects the external
dimensions of the structure.
19.95.030 GENERAL PROVISIONS
A. Lands to Which This Chapter Applies. This
Chapter shall apply to all areas of special
flood hazards within the jurisdiction of the
City of Edmonds.
B. Basis for Establishing the Areas of Special
Flood Hazard. For purposes of this Chapter,
the areas of special flood hazard for the City
of Edmonds are hereby declared generally to be
those areas shown as "Zone All on the map
designated "Flood Insurance Rate Map, City of
Edmonds, Washington, Snohomish County,
Community Panel No. 530163 0005 C," as revised
December 7, 1982, which map is hereby adopted
by this reference as a part of this Chapter as
if fully set forth herein. Base flood
elevations and floor hazard factors for those
areas shown as Zone A on the said map have not
been determined and the Local Flood Management
Administrator shall utilize such other data as
may be reasonably available from federal, state
or other sources in administering this Chapter
as provided in Section 19.95.040(C)(2). The
Flood Insurance Rate Map is on file in the
office of the City Clerk.
19.95.040 ADMINISTRATION
A. Establishment of Development Permit. A
development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in
Section 19.95.030(B). The permit shall be for
all structures including mobile homes, and for
all other development including fill and other
activities.
B. Designation of the Local Flood Management
Administrator. The Building Official of the
City of Edmonds is hereby appointed to admini-
ster and implement all provisions of this
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chapter with the exception of those relating to
subdivision proposals, by granting or denying
development permit applications in accordance
with its provisions. The City Engineer is
hereby appointed to administer and implement
this chapter as it relates to subdivision
proposals.
C. Duties of the Local Flood Management Adminis-
trator. Duties of the Local Flood Management
Admnistrator shall include, but not be limited
to:
1. Permit review.
a. Review all development permits to
determine that the permit requirements
of this ordinance have been satisfied.
b. 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.
c. Review all development permits to
determine if the proposed development
is located in the floodway. If located
in the floodway, assure that the
encroachment provisions of Section
19.95.050(C)(1) are met.
2. Use of Other Base Flood Data. The Local
Flood Management Administrator shall
obtain, review, and reasonably utilize any
base flood elevation data available from a
federal, state or other source, in order to
administer Sections 19.95.050(B)(1),
"Specific Standards", Residential
Construction, and 19.95.050(B)(2) Specific
Standards, Nonresidential Construction.
3. Information to be Obtained and Maintained.
a. Obtain and record the actual elevation
(in relation to mean sea level) of the
lowest habitable floor (including base-
ment) of all new or substantially
improved structures, and whether or not
the structure contains a basement.
b. For all new or substantially improved
floodproofed structures;
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i) verify and record the actual eleva-
tion (in relation to mean sea
level), and
ii) maintain the floodproofing certifi-
cations required in Section
19.95.050(B)(2)(c).
4. Alteration of Watercourses.
a. 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.
b. Require that maintenance is provided
within the altered or relocated portion
of said watercourse so that the flood
carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries. Make
interpretations where needed, as to exact
location of the boundaries of the areas of
special flood hazards (for example, where
there appears to be a conflict between a
mapped boundary and actual field condi-
tions). The person contesting the location
of the boundary shall be given a reasonable
opportunity to appeal the interpretation.
Such appeals shall be granted consistent
with the standards set forth in the rules
and regulations of the National Flood
Insurance Program.
19.95.050 PROVISIONS FOR FLOOD HAZARD PROTECTION
A. General Standards.
flood hazards the
required:
1. Anchoring.
In all areas of special
following standards are
a. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse or lateral
movement of the structure.
b. All mobile homes shall be anchored to
resist flotation, collapse, or lateral
movement by providing over -the -top and
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frame ties to ground anchors. Specific
requirements shall be that:
i) Over -the -top ties be provided at
each of the four corners of the
mobile home, with two additional
ties per side at intermediate loca-
tions, with mobile homes less than
50 feet long requiring one
additional tie per side;
ii) Frame ties be provided at each
corner of the home with five addi-
tional ties per side at inter-
mediate points, with mobile homes
less than 50 feet long requiring
four additional ties per side;
iii) All components of the anchoring
system be capable of carrying a
force of 4,800 pounds; and
iv) Any additions to the mobile home be
similarly anchored.
c. An alternative method of anchoring may
involve a system designed to withstand
a wind force of 90 miles per hour or
greater. Certification must be pro-
vided to the Local Flood Management
Administrator that this standard has
been met.
2. Construction Materials and Methods.
a. All new construction and substantial
improvements shall be constructed with
materials and utility equipment
resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed using
methods and practices that minimize
flood damage.
3. Utilities.
a. All new and replacement water supply
systems shall be designed to minimize
or eliminate infiltration of flood
waters into the system;
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b. New and replacement sanitary sewage
systems shall be designed to minimize
or eliminate infiltration of flood
waters into the systems and discharge
from the systems into flood waters; and
C. On -site waste disposal systems shall be
located to avoid impairment to them or
contamination from them during
flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be
consistent with the need to minimize
flood damage;
b. All subdivision proposals shall have
public utilities and facilities such as
sewer, gas, electrical, and water
systems located and constructed to
minimize flood damage;
c. All subdivision proposals shall have
adequate drainage provided to reduce
exposure to flood damage; and
d. Base flood elevation data shall be
provided for subdivision proposals and
other proposed development which
contain at least 50 lots or 5 acres
(whichever is less).
5. Review of Building Permits. where eleva-
tion data is not available, 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.
B. Specific Standards. In all areas of special
flood hazards where base flood elevation data
has been provided as set forth in Section
19.95.030(B) Basis for Establishing the Areas
of Special Flood Hazard or Section 19.95.040(B)
Use of Other Base Flood Data, the following
provisions are required:
1. Residential Construction. New construction
and substantial improvement of any residen-
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tial structure shall have the lowest floor,
including basement, elevated to or above
base flood elevation.
2. Nonresidential Construction. New construc-
tion and substantial improvement of any
commercial, industrial or other nonresiden-
tial structure shall either have the lowest
floor, including basement, elevated to the
level of the base flood elevation; or,
together with attendant utility and
sanitary facilities, shall:
a. Be floodproofed so that below the base
flood level the structure is watertight
with walls substantially impermeable to
the passage of water;
b. Have structural components capable of
resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
C. Be certified by a registered profes-
sional engineer or architect that the
standards of this subsection are satis-
fied. Such certifications shall be
provided to the official as set forth
in Section 19.95.040(C)(3)(b).
3. Mobile Homes.
a. Mobile homes shall be anchored in
accordance with Section
19.95.050(A)(1).
b. For new mobile home parks and mobile
home subdivisions; for expansions to
existing mobile home parks and mobile
home subdivisions; for existing mobile
home parks and mobile home subdivisions
where the repair, reconstruction or
improvement of the streets, utilities
and pads equals or exceeds 50 percent
of value of the streets, utilities and
pads before the repair, reconstruction
or improvement has commenced; and for
mobile homes not placed in a mobile
home park or mobile home subdivision,
require that:
i) Stands or lots are elevated on
compacted fill or on pilings so
that the lowest floor of the mobile
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home will be at or above the base
flood level;
ii) Adequate surface drainage and
access for a hauler are provided;
and,
iii) In the instance of elevation on
pilings, that:
- lots are large enough to permit
steps,
- piling foundations are placed in
stable soil no more than ten feet
apart, and
- reinforcement is provided for
pilings more than six feet above
the ground level.
C. No mobile home shall be placed in a
floodway, except in an existing mobile
home park or existing mobile home sub-
division.
C. Floodways. Located within areas of special
flood hazard established in Section
19.95.030(B) are areas designated as floodways.
Since the floodway is an extremely hazardous
area due to the velocity of flood waters which
carry debris potential projectiles, and erosion
potential, the following provisions apply:
1. Prohibit encroachments, including fill, new
construction, substantial improvements, and
other development unless certification by a
registered professional engineer or archi-
tect is provided demonstrating that
encroachments shall not result in any
increase in flood levels during the
occurrence of the base flood discharge.
2. If Section 19.95.050(C)(1) is satisfied,
all new construction and substantial
improvements shall comply with all applica-
ble flood hazard reduction provisions of
Section 19.95.050 Provisions for Flood
Hazard Reduction.
3. Prohibit the placement of any mobile homes,
except in an existing mobile home park or
existing mobile home subdivision.
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19.95.060 PENALTIES FOR VIOLATION
A. Any person or persons who violate or fail to
comply with any of the provisions of this
chapter, or any part thereof, shall, upon con-
viction of the violation, be punished by a fine
in any sum not to exceed the sum of $500, or by
imprisonment in jail for a term not exceeding
90 days, or by both such fine and imprisonment,
as provided in Section 5.45.020 of the Edmonds
City Code. Each separate day during which any
violation occurs or continues shall be deemed
to constitute a separate violation of this
Chapter and, upon conviction thereof, shall be
punished as provided in this Section and
Section 5.45.020.
B. In addition to the criminal penalties provided
in subsection (A) above, any condition caused
or permitted to exist in violation of the pro-
visions of this chapter is declared to be a
public nuisance and all remedies given by law
for the prevention and abatement of nuisances
shall apply thereto.
19.95.070 SEVERABILITY
If any section, sentence, clause or phrase of this
chapter should be held to be invalid or unconsti-
tutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other
section, sentence, clause or phrase of this
chapter.
Section 2. Section 19.00.010(I) of the Edmonds
Community Development Code entitled "Hazardous Sites" is
hereby amended to read as follows:
I. Hazardous Sites. Building, grading and excava-
tion permits for construction on land which the
City Engineer finds to be unsuitable for
improvement due to flooding, inadequate
drainage, excessively steep slopes, unsatisfac-
tory foundation support, stability or topo-
graphy for the plan submitted, shall be denied.
In making this determination the City Engineer
shall consider not only the land which is the
subject of the application but in addition, the
surrounding areas which would be adversely
affected if the permit were granted.
Section 3. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
MA , L AoKRY S NA UgHT EN
ATTEST/AUTHENTICATED:
CITY CLERK, IREP VARNEY MORAN
APPROVED AS TO FORM:
OFFICE THE CITY ATTTRNEY :
B
FILED WITH THE CITY CLERK: February 10, 1984
PASSED BY THE CITY COUNCIL: February 14, 1984
POSTED:February 15, 1984
EFFECTIVE DATE: February 20, 1984
ORDINANCE NO. 2419
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 15 day of February
, 1984, affiant posted true and
correct copies of the attached Ordinance No. 2419, passed by the
City Council on the 14 day of February , 1984 , at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
650 Main Street
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 15 day of February 19 84.
vS/UBSCRIBED AND SWORN to before me this /5 day of
�T 19
Nota y Public in and for the
State Washington, residing
at