ORD 06-5369
ORDINANCE NO. a -53&
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL
WAY CITY CODE (FWCC) CHAPTER 21 BY ADDING A
NEW ARTICLE V, FLOOD DAMAGE PREVENTION.
WHEREAS, the Legislature of the State of Washington has delegated the responsibility to
local governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry; and
WHEREAS, previously the City passed Resolution No. 96 -229 ( April 16,1996),'a resolution
providing for cooperation with the Federal Emergency Management Agency and adopting policies
for minimizing public and private losses due to flood conditions.
WHEREAS, the City of Federal Way desires to continue participation in the National Flood
Insurance Program (NFIP) designed to provide insurance to property owners for flood hazards
through insurance companies and the Federal Government; and
WHEREAS, the NFIP regulations found at 44 CFR 59 and 60 have been subject to
environmental review pursuant to the National Environmental Policy Act of 1969 (NEPA); and
WHEREAS, the City of Federal Way finds that adoption of an ordinance providing clear
direction to citizens living in Federal Emergency Management Agency (FEMA) mapped floodplains
or flood ways for construction of new buildings or remodeling of existing buildings is required to
participate in the NFIP; and
WHEREAS, the City desires to comply with Section 60.3 of the Code of Federal Regulations
(44 CFR) for participation in the NFIP;
ORD 4-0
^S��o ,PAGE 1
Section 5. Effective Date. This ordinance shall be effective five days after its passage,
approval and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
a C 2006.
CITY OF FEDERAL WAY
ATTEST:
F rl
CITY,/CLERK, LAURA HA0AWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # (� - S , PAGE 3
Sections:
EXHIBIT A
FEDERAL WAY CITY CODE
CHAPTER 21. ARTICLE V.
FLOOD DAMAGE PREVENTION
Division 1. Generally
21 -100 Purpose.
21 -101 Adoption of State and Federal Statues and Regulations.
21 -102 Methods of Reducing Flood Losses.
21 -103 Definitions.
Division 2. Provisions
21 -104 General Provisions.
21 -105 Permits.
21 -106 Use of other Base Flood Data (In A and V Zones).
21 -107 Information to be Obtained and Maintained.
21 -108 Alteration of Watercourses.
21 -109 Conditions for Variances.
21 -110 Provisions for Flood Hazard Reduction.
21 -111 Subdivision Proposals.
21 -112 Review of Building Permits.
21 -113 Specific Standards.
21 -114 AE and Al -30 Zones with Base Flood Elevations But No Floodways.
21 -115 Floodways.
21 -116 Critical Facility.
Division 1. Generally
21 -100 Purpose.
It is the purpose of this article to promote the public health, safety, and general welfare
and minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
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(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special. flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
21 -101 Adoption of State and Federal Statues and Regulations.
The following state statues and administrative regulations as currently existing and
hereafter amended, are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22 (a).
(3) 44 CFR 60.3 (c) (1) (d) (2).
(4) 44 CFR 60.3 (b) (1).
(5) 44 CFR 59.22 (b) (1).
(6) 44 CFR.60.3 (a) (2).
21 -102 Methods of Reducing Flood Losses
In order to accomplish its purposes, this article includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in. erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters
or may increase flood hazards in other areas.
21 -103 Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning. Unless specifically defined below, terms or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to give this article its
most reasonable application.
Appeal means a request for a review of the interpretation of any provision of this article
or a request for a variance.
Area of shallow flooding means designated as AO, or AH Zone on the Flood Insurance
Rate Map (FIRM). AO zones have base flood depths that range from one to three feet above the
natural ground; 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; AH
indicates ponding, and is shown with standard base flood elevations.
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. Designation on maps
always includes the letters A or V.
Base flood means the flood having a 1% chance of being equaled or exceeded in any
given year (also referred to as the "100 -year flood "). Designated on Flood Insurance Rate Maps
by the letters A or V.
Basement means any area of the building having its floor sub -grade (below ground level)
on all sides.
Breakaway wall means a wall.that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast and any other area subject to
high velocity wave action from storms or seismic sources. The area is designated on the FIRM
as Zone V1 -30, VE or V.
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.
Development means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials located within the
area of special flood hazard.
Director means the director of the city of Federal Way community development
department or his or her designee.
Elevation certificate means the official form (FEMA Form 81 -31) used to track
development, provide elevation information necessary to ensure compliance with community
floodplain management ordinances, and determine the proper insurance premium rate with
Section B completed by Federal Way.
Elevated building means, for insurance purposes, a non - basement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,
pilings, or columns.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the adopted floodplain management regulations.
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
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Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
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.
Flood insurance study (FIS) 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.
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.
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 article found at FWCC 21 -113 (a) (2), (i.e. provided
there are adequate flood ventilation openings).
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 attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
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.
New construction means structures for which the "start of construction" commenced on
or after the effective date of this article.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed .(including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of adopted floodplain management regulations.
Recreational vehicle means a vehicle,
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self - propelled or permanently towable by a light duty truck;
and
(d) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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
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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 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 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.
Structure means a walled and roofed building, including a gas or liquid storage tank that
is principally above ground.
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.
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:
(a) Before the improvement or repair is started; or
(b) 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.
The term can exclude:
(c) Any project for improvement of a structure to correct pre -cited existing
violations of state or local health, sanitary, or safety code specifications which have been
previously identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
(d) Any alteration of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
Variance means a grant of relief from the requirements of this article that permits
construction in a manner that would otherwise be prohibited by this article.
Water dependent means a structure for commerce or industry that cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its operations.
Division 2. Provisions
21 -104 General Provisions.
(a) Application of Article.
This article shall apply to all areas of special flood hazards within the jurisdiction of Federal Way. The
areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for Federal Way" 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 article. The Flood Insurance Study and
the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area
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identification as outlined in FWCC 21 -106 shall be the basis for regulation until a new FIRM is issued
that incorporates data utilized under FWCC 21 -106.
(b) Penalties for Noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full
compliance with the terms of this Chapter and other applicable regulations. Violations 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 by the Director pursuant to
Chapter 1 FWCC Article III Civil Enforcement of Code. Civil enforcement is in addition to, and does
not limit, any other forms of enforcement available to the city including, but not limited to, criminal
sanctions or other remedies as specified herein or in Chapter 1 FWCC, Articles II and II, Nuisance and
Injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful
acts in violation of this chapter.
(c) Summary Abatement.
in addition to the remedies specified by Chapter 1 FWCC, Article III, Civil Enforcement of Code,
whenever any violation of this article causes or creates a condition, the continued existence of which
constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare or to
the environment, the director may summarily and without prior notice abate the condition. Notice of
such abatement, including the reason for it, shall be given to the person responsible for the violation as
soon as reasonably possible after abatement. The costs of such summary abatement shall be recoverable
via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Article III, Civil
Enforcement of Code.
(d) Abrogation and Greater Restrictions.
This article is not intended to repeal, abrogate, or .impair any existing easements, covenants, or deed
restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) Interpretation:
In the interpretation-and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State statutes.
(f) Warning and Disclaimer of Liability.
The degree of flood protection required by this article is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man -made or natural causes. This article does not imply
that land outside the areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this article or any administrative decision lawfully made hereunder.
21 -105 Permits.
(a) Development Permit Required.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in FWCC 21 -104 (a). The permit shall be for all structures including
manufactured homes, as set forth in the "Definitions," and for all development including fill and other
activities, also as set forth in the "Definitions."
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(b) Application for Development Permit.
Application for a development permit shall be made and will 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 recorded on a current elevation certificate (FF 81 -31) with Section B completed by the City of
Federal Way Building Official;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in FWCC 21 -113 (b);
(4) Description of the extent to which a. watercourse will be altered or. relocated as a
result of proposed development.
(c) Designation of the Administrator.
The Director or designee is hereby appointed to administer and implement this article by granting or
denying development permit applications in accordance with its provisions. The Director shall:
(1) Review all development applications to determine that the requirements of this article
have been satisfied;
(2) Review all development applications 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 development applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment provisions of FWCC
21 -115 (a) are met.
21 -106 Use of Other Base Flood Data (In A and V. Zones).
When base flood elevation data has not been provided (in A or V Zones) in accordance with
FWCC 21 -104 (a), the Director shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, in order to administer FWCC 21 -113,
Specific Standards, and FWCC 21 -115 Floodways.
21 -107 Information to be Obtained and Maintained.
(a) Where base flood elevation data is provided through the FIS, FIRM, or required as in FWCC
21 -106, the applicant shall obtain 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 and provide such information to the Director or designee on a
current FEMA elevation certificate (FF 81 -31). Section B will be completed by the City.
(b) For all new or substantially improved flood proofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in FWCC 21 -106, the applicant
shall obtain and record the elevation (in relation to mean sea level) to which the structure was flood
proofed and provide such information to the City. The City shall maintain the flood proofing
certifications required in FWCC 21 -105 (b)(3);
(c) The City shall maintain for public inspection all records pertaining to the provisions of this
article.
21 -108 Alteration of Watercourses.
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(a) The City shall 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; and
(b) shall require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
21 -109 Conditions for Variances.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or irregularly
shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood
level. As the lot size increases the technical justification required for issuing the variance increases.
(b) Variances shall not be issued within a designated floodway if any increase in flood. levels
during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with other existing laws or ordinances.
(e) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in nature and
do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily
address small lots in densely populated residential neighborhoods. As such, variances from flood
elevations should be quite rare.
(f) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of flood proofing than watertight or dry-flood proofing, where it can be determined that
such action will have low damage potential, complies with all other variance criteria except FWCC 21-
109(a) and otherwise complies with FWCC 21- 110(a), 21- 110(c), and 21 -111.
(g) Any applicant to whom a variance is granted shall be given written notice that the permitted
structure will be built with its lowest floor below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk.
21 -110 Provisions for Flood Hazard Reduction
In all areas of special flood hazards, 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 shall 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.
(b) Construction Materials and Methods.
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(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. Locating such equipment
below the base flood elevation may cause annual flood insurance premiums to be increased.
(c) Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems;
(2) Water wells shall be located on high ground that is not in the floodway;
(3) 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;
(4) Onsite waste disposal .systems shall be located to avoid impairment to them or
contamination from them during flooding.
21 =111 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 or eliminate flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage;
(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).
21 -112 Review of Building Permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative source
(FWCC 21 -106), applications for building permits shall be reviewed to assure that proposed construction
will be reasonably safe from flooding as determined by the Director. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where
available.
21 -113 Specific Standards.
The following provisions are required in all areas of special flood hazards where base flood elevation
data has been provided as set forth in FWCC 21 -104 (a), or FWCC 21 -106.
(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 the base flood elevation (BFE).
(2) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or exceed the following
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minimum criteria:
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(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and
are often inadvertently permitted. Insurance rates reflect an "all or nothing" standard. Partially ventilated
crawlspaces may be subject to an additional loading fee of 20 -25% attached to the annual insurance
premium.
(b) Nonresidential Construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated one foot or more above the base
flood elevation; or, together with attendant utility and sanitary facilities, shall:
(1) Be flood proofed so that below one foot or more 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 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 FWCC 21 -105 (b);
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in FWCC 21 -113 (a) (2);
Applicants who are floodproofing nonresidential buildings should be ware that flood insurance premiums
will be based on rates that are one foot below the floodproofed level (e.g. a building floodproofed to the
base flood level will be rated as one foot below). Floodproofing the building an additional foot will
reduce insurance premiums significantly.
(c) Manufactured Homes.
(1) All manufactured homes in the floodplain to be placed or substantially
improved on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
(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 (c) above and the elevation and anchoring requirements for
manufactured homes.
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21 -114 AE and Al -30 Zones with Base Flood Elevations but No Floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be. permitted within
Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated development, will .not
increase the water surface elevation of the base flood more than one foot at any point within the
community.
21 -115 Floodways.
Located within areas of special flood hazard established in FWCC 21 -104 (a) are areas
designated as floodways. State of Washington RCW 86.16 will need to be consulted in addition to this
FWCC. The more restrictive provisions shall apply. Since the floodway is an extremely hazardous area
due to the velocity of.floodwaters that can carry debris, and increase erosion potential,. the following
provisions apply:
(a) Encroachments, including fill, new construction, substantial improvements, and other
development shall be prohibited unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment 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 (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 market value of the structure either, (i) before the repair, or
reconstruction is started, or (ii) 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 the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or to
structures identified as historic places, may be excluded in the 50 percent.
(c) If (a) above is satisfied, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of FWCC 21 -110, Provisions for Flood Hazard
Reduction.
21 -116 Critical Facility.
Construction of new critical facilities shall be, to. the extent possible, located outside the limits of the
Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed
within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 -
year flood, whichever is higher. Access to and from the critical facility should also be protected to the
height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances
will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent possible.
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