Ordinance 26910006.040.043
JEH/crd
11/15/88
ORDINANCE NO. 2691
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTIONS 19.97.020, 19.97.040 AND
19.19.050 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE RELATING TO FLOOD DAMAGE PREVENTION IN
ORDER TO COMPLY WITH NEW REGULATIONS ADOPTED BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE
STATE DEPARTMENT OF ECOLOGY.
WHEREAS, the flood hazard areas of the City of Edmonds
are subject to periodic inundation which could result in the 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 effect the public health,
safety and general welfare, and
WHEREAS, these flood losses could be caused by the
cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas, and uses that
are inadequately flood proofed, elevated or otherwise protected
from flood damage also contribute to this flood loss, and
WHEREAS, the state legislature has amended Chapter
86.16 RCW in order to give the Department of Ecology statewide
authority for flood plain management, and
WHEREAS, in May, 1988, the Department of Ecology
adopted rules to administer this new law and established some
additional State requirements for flood plain management which
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must be adopted by local governmental agencies no later than
December 3, 1988, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section 1. Flood Damaqe Prevention. Sections
19.97.020, 19.97.040 and 19.97.050 of the Edmonds Community
Development Code are hereby amended to read as follows:
19.97.020 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 Chapter its most reasonable
application. The following terms are defined
for purposes of this Chapter only.
A. "Area of shallow flooding" means a
designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). The base
flood depths in such areas range from 1
to 3 feet, a clearly defined channel does
not exist, the path of flooding is
unpredictable and indeterminate, and
velocity flow may be evident. AO is
characterized as sheet flow and AH
indicates ponding.
B. "Area of special flood hazard" means the
land in the flood plain within a
community subject to a 1% or greater
chance of flooding in any given year.
Designation of such areas on maps always
includes the letters A or V.
C. "Critical facility" means a facility for
which even a slight chance of flooding
might be too great. Critical facilities
include, but are not limited to, schools,
nursing homes, hospitals, police, fire
and emergency response installations, and
installations which produce, use, or
store hazardous materials or hazardous
waste.
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D. "Base Flood" means the flood having a one
percent chance of being equaled or
exceeded in any given year.
E. "Development" means any man-made change
to improved ❑r unimproved real estate,
including but not limited to, buildings
or other structures, mining, dredging,
filling, grading, paving, excavation or
drilling operations located within an
area of special flood hazard.
F. "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.
G. "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.
H. "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.
I. "Lowest floor" means the lowest floor of
the lowest enclosed area (including
basement). An unfinished or flood
resistant enclosure, usable solely for
parking -of vehicles, building access or
storage, in an area other than a basement
area, is not considered a building's
lowest floor, provided that such
enclosure is not built so as to render
the structure in violation of the
applicable non -elevation design
requirements of this Chapter found in
Section 19.97.050(B)(1)(b).
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J. "Manufactured home" means a structure,
transportable in one or more sections,
which is built on a permanent chassis and
is designed for use with or without a
permanent foundation when connected to
the required utilities. For flood plain
management purposes, the term
"manufactured home" also includes park
trailers, travel trailers, and other
similar vehicles placed on a site for
greater than 180 consecutive days. For
insurance purposes, the term
"manufactured home" does not include park
trailers, travel trailers, and other
similar vehicles.
K. "Manufactured home park or subdivision"
means a parcel (or continuous parcels) of
land divided into two or more
manufactured home lots for rent or sale.
L. "New construction" means structures for
which the "start of construction"
commenced on or after the effective date
of the ordinance codified in this
Chapter.
M. "Start of construction" includes
substantial improvement, and means the
date the building permit was issued,
provided the actual start of
construction, repair, reconstruction,
placement or other improvement was within
180 days of the permit date. The actual
start means either the first placement of
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.
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N. "Structure" means a walled and roofed
building, including a gas or liquid
storage tank, that is principally above
ground.
O. "Substantial improvement."
1. "Substantial improvement" means any
repair, reconstruction, or
improvement of a structure, the cost
of which equals or exceeds 50% of
the market value of the structure
either:
a. before the improvement or
repair is started, or
b. if the structure has been
damaged and is being restored,
before the damage occurred.
2. For the purposes of this definition,
"substantial improvement" is
considered to occur when the first
alteration of any wall, ceiling,
floor, or other structural part of
the building commences, whether or
not that alteration affects the
external dimensions of the
structure. The term does not,
however, include either:
a. any project for improvement of
a structure to comply with
existing state or local health,
sanitary, or safety code
specifications which are solely
necessary to assure safe living
conditions, or
b. any alteration of a structure
listed on the National Register
of Historic Places or a State
Inventory of Historic Places.
P. "Water dependent" means a structure for
commerce or industry which cannot exist
in any other location and is dependent
upon the water by reason of the intrinsic
nature of its operations.
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19.97.040 Administration.
A. Development Permit Pec—wired. A
development permit shall be obtained
before construction or development begins
within any area of special flood hazard
established in the studies or maps
adopted by Section 19.97.030(B). The
permit shall be for all structures,
including manufactured homes, and for all
development, including fill and other
activities, as defined in Section
19.97.020.
B. A lication for Development Permit.
Application for a development permit
shall be made on forms furnished by the
Community Services Department and may
include, but not be limited to, plans in
duplicate drawn to scale showing the
nature, location, dimensions, and
elevations of the area in question,
existing or proposed structures, fill,
storage of materials, drainage
facilities, and the location of the
foregoing. Specifically, the following
information is required:
1.
Elevation in relation to mean sea
level, of the lowest floor
(including basement) of all
structures;
2.
Elevation in relation to mean sea
level to which any structure has
been flood proofed;
3.
Certification by a registered
professional engineer or architect
that the flood proofing methods for
any° nonresidential structure meet
the- flood proofing criteria in
Section 19.97.050(B)(2); and
4.
Description of the extent to which
any water course will be altered or
relocated as a result of proposed
development.
C. Designation
of Local Flood Mana ement
Administrator. The Building Official of
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the City of Edmonds is hereby appointed
to administer and implement all
provisions of this 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.
D. Duties and Responsibilities of the Local
Flood Management Administrator. The
duties of the Local Flood Management
Administrator in connection with this
Chapter shall include, but not be limited
to:
1. Reviewing all development permits to
determine that the permit
requirements of this Chapter have
been satisfied;
2. Reviewing 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; and
3. Reviewing all development permits to
determine if the proposed
development is located in the
floodway. If the development is
located in the floodway, the Local
Flood Management Administrator shall
assure that the provisions of
Section 19.97.050(C) are met.
E. Use of Other Base Flood Data. When base
flood elevation data has not been
provided in accordance with Section
19.97.030(B), the Local Flood Management
Administrator shall obtain, review and
reasonably utilize any base flood
elevation and floodway data available
from federal, state or other source, in
order to administer Section 19.97.050.
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F.
G.
Information to be Obtained and
Maintained.
1. Where base flood elevation data is
provided through the Flood Insurance
Study or required as in Section
19.97.040(D), the Local Flood
Management Administrator shall
obtain from each development permit
applicant and record the actual (as -
built) 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 flood proofed structures,
the Local Flood Management
Administrator shall:
a. Verify and record the actual
elevation (in relation to mean
sea level), and
b. Maintain the flood proofing
certifications as required in
Section 19.97.040(B)(3).
3. The Local Flood Management
Administrator shall maintain for
public inspection all records
pertaining to the provisions of this
Chapter.
Alteration of Water Courses. The Local
Flood Management Administrator shall:
1. Notify adjacent communities and the
Washington State Department of
Ecology prior to any alteration or
relocation of a water course, and
submit evidence of such notification
to the Federal Insurance
Administration; and
2. Require that maintenance is provided
within the altered or relocated
portion of said water course so that
the flood carrying capacity is not
diminished.
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H. Interpretation of FIRM Boundaries. The
Local Flood Management Administrator
shall make interpretations where needed,
as to the 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).
19.97.050 Provisions for Flood Hazard
Reduction.
A. General Standards. In all areas of
special flood hazards, the following
standards must be met:
1. Anchorinq.
a. All new construction and
substantial improvement shall
be anchored to prevent
flotation, collapse, or lateral
movement of the structure.
b. 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 or
other techniques described in
the Federal Emergency
Management Agency's
"Manufactured Home Installation
in Flood Hazard Areas"
guidebook.
2. Construction Materials and Methods.
a. All new construction and
substantial improvements shall
be constructed with materials
and utility equipment resistant
to flood damage.
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3.
4.
b. All new construction and
substantial improvements shall
be constructed using methods
and practices that minimize
flood damage.
C. Electrical,
ventilation, plu
conditioning e
other service fa
be designed and
elevated or loc
prevent water fr
accumulating
components during
flooding.
Utilities.
q
heating,
tubing, and air
uipment and
cilities shall
/or otherwise
ated so as to
om entering or
within the
conditions of
a. All new and replacement water
supply systems shall be
designed to minimize or
eliminate infiltration of flood
waters into the system;
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 intc
flood waters; and
c.
On -site
shall
impairme
contamin
flooding.
waste disposal
be located to
nt to them
ation from them
Subdivision Proposals.
a. All subdivision
be consistent
minimize flood
Lel
systems
avoid
or
during
proposals shall:
with the need to
damage;
All subdivision
have public
facilities sucr
electrical, ani
located and
minimize flood
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proposals shall
utilities and
as sewer, gas,
i water systems
constructed to
damage;
C. All subdivision proposals shall
have adequate drainage provided
to reduce exposure to flood
damage; and
d. Where base flood elevation data
has not been provided or is not
available from another
authoritative source, it shall
be generated for subdivision
proposals and other proposed
developments which contain at
least 50 lots or 5 acres
(whichever is less).
5. Review of Building Permits. Where
elevation data is not available
either through the Flood Insurance
Study or from another authoritative
source, applications for building
permits shall be reviewed to assure
that proposed construction will be
reasonably safe from flooding. The
test of reasonableness is a local
judgment and includes use of
historical data, high water marks,
photographs of past flooding, etc.,
where available. Failure to elevate
at least 2 feet above grade in these
zones may result in higher insurance
rates.
B. Specific Standards. In all areas of
special flood hazards where base flood
elevation data has been provided as set
forth in Section 19.97.030(B), or Section
19.97.040(E), the following provisions
are required:
1. Residential Construction.
a. 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.
b. Fully enclosed areas below the
lowest floor that are subject
to flooding are prohibited, or
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shall be designed to
automatically equalize
hydrostatic flood forces on
exterior walls by allowing for
the entry and exit of flood
waters. 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:
(1) A minimum of two openings
having a total net area of
not less than 1 square
inch for every square foot
of enclosed area subject
to flooding shall be
provided.
(2) The bottom of all openings
shall be no higher than 1
foot above grade.
(3) Openings may be equipped
with screens, louvers, or
other coverings or devices
provided that they permit
automatic entry and exit
of flood waters.
2. Nonresidential Construction. New
construction and substantial
improvement of any commercial,
industrial or other nonresidential
structure shall either have the
lowest floor, including basement,
elevated 1 foot or more above the
level of the base flood elevation,
or, together with attendant utility
and sanitary facilities, shall:
a. Be flood proof so that below 1
foot above the base flood level
the structure is water tight
with walls substantially
impermeable to the passage of
water;
b. Have structural components
capable of resisting
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hydrostatic and hydrodynamic
loads and effects of buoyancy;
C. Be certified by a registered
professional engineer or
architect that the design and
methods of construction are in
accordance with accepted
standards of practice for
meeting provisions of this
subsection based on their
development and/or review of
the structural design,
specifications and plans. Such
certification shall be provided
to the Local Flood Management
Administrator as set forth in
Section 19.97.040(F)(2).
d. Nonresidential structures that
are elevated, not flood proof,
must meet the same standards
for space below the lowest
floor as described in Section
19.97.050(B)(1)(b).
e. Applicants flood proofing
nonresidential buildings shall
be notified that flood
insurance premiums will be
based on rates that are 1 foot
below the flood proofed level
(e.g., a building flood proofed
to 1 foot above the base flood
level will be rated as at the
base flood level).
3. Critical Facility. Construction of
new critical facilities shall be, to
the extent possible, located outside
the limits of the base flood
plain. Construction of new critical
facilities shall be permissible
within the base flood plain if no
feasible alternative site is
available. Critical facilities
constructed within the base flood
plain shall have the lowest floor
elevated to 3 feet or more above the
level of the base flood elevation at
the site. Flood proofing and
sealing measures must be taken to
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ensure that toxic substances will
not be displaced by or released into
flood waters. Access routes
elevated to or above the level of
the base flood plain shall be
provided to all critical facilities
to the extent possible.
4. Manufactured Homes. All
manufactured homes to be placed or
substantially improved within Zones
Al-30, AH, and AE, if and where
those zones exist in the City, shall
be elevated on a permanent
foundation such that the lowest
floor of the manufactured home is 1
foot or more above the Base Flood
Elevation, and be securely anchored
to an adequately anchored foundation
system in accordance with the
provisions of Section 19.97.050
(A){1}(b). This subsection applies
to manufactured homes to be placed
or substantially improved in an
expansion to an existing
manufactured home park or
subdivision. This subsection does
not apply to manufactured homes to
be placed or substantially improved
in an existing manufactured home
park or subdivision except where the
repair, reconstruction, or
improvement of the streets,
utilities and pads equals or exceeds
50% of the value of the streets,
utilities and pads before the
repair, reconstruction or
improvement has commenced.
C. Floodways. Located within areas of
special flood hazards established in
Section 19.97.030(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. Encroachments, including fill, new
construction, substantial
improvements, and other development,
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are prohibited unless certification
by a registered professional
engineer or architect is provided
demonstrating that encroachments
will not result in any increase in
flood levels during the occurrence
of the base flood discharge.
2. Construction or reconstruction of
residential structures is prohibited
within designated floodways, except
for
a. Repairs, reconstruction, or
improvements to a structure
which do not increase the
ground floor area; and
b. Repairs, reconstruction or
improvements to a structure,
the cost of which does not
exceed 50% of the market value
of the structure either:
(1) Before the repair,
reconstruction or repair
is started, or
(2) 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%.
3. If Section 19.97.050(C)(1) is
satisfied, all new construction and
substantial improvements shall
comply with all applicable flood
hazard reduction provisions of
Section 19.97.050.
D. Wetlands Management. To the maximum
extent possible, short and long term
adverse impacts associated with the
destruction or modification of wetlands,
especially those activities which limit
or disrupt the ability of the wetland to
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alleviate flooding impacts, shall be
avoided. In order to implement this
goal, the Local Flood Management Director
Administrator:
1. Review proposals for development
within base flood plains for their
possible impacts on wetlands located
within the flood plain;
2. Ensure that development activities
in or around wetlands do not
negatively affect public safety,
health, and welfare by disrupting
the wetlands' ability to reduce
flood and storm drainage; and
3. Request technical assistance from
the Department of Ecology in
identifying wetland areas. Existing
wetland map information from the
National Wetlands Inventory (NWI)
can be used in conjunction with the
City's FIRM to prepare an overlay
flood zone indicating critical
wetland areas deserving special
attention.
Section 2. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City
legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of the
attached summary which is hereby approved.
APPROVED
ATTEST/AUTHENTICATED:
�Z'ZCITCLERK, �JACQUE`LINE PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
(li�
FILED WITH THE CITZ CLEI
PASSED BY THE CITY COUN(
PUBLISHED: December 8, 19
EFFECTIVE DATE: December
ORDINANCE NO. 2691
vember 15, 1988
L-.iV November 22, 1988
13, 1988
JEHO11660 —17—
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
FEdmondS
Nc NO.1691 -
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follows
AN :ORDINANCE , OF ur
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice..........
----------------Ordiance- -No .---269-1---.
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
.................Decmeber...8,..
and that said newspaper was regularly distributed to its subscribers
during all said periodzl�
............ r.-. 7�. J.1.-..... .........r.....................................................
Principal Clerk
Subscribed and sworn to before me this .... AOh
dayof..�..:,1.............................:................ 19$$....
0a
Notar ublic inand for the Sta a of Washington,
re si ng t Everett, Snohomish County.
8-2-1