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ORD 20-893 ORDINANCE NO. 20-893 AN ORDINANCE of the City of Federal Way, Washington, relating to floodplain development and permitting processes within the City; amending FWRC 19.142 (Amending Ordinance Nos. 06-536, 09-593, 09-597, and 18-856) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to revise the regulations for flood damage prevention which establishes development regulations within flood hazard areas within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for Chapter 19.142 FWRC regarding development within frequently flooded areas; and WHEREAS, the State developed new language regarding flood prevention that has not been incorporated into Chapter 19.142 FWRC; and WHEREAS, the State Department of Ecology, through its Community Assistance Visit, informed the City that the new State language needed to be added to the chapters of the FWRC Ordinance No. 20-893 Page 1 af'30 that regulate development within the areas designated as floodplains by the Federal Emergency Management Agency ("FEMA"); and WHEREAS, the absence of such language necessitates amendment to the FWRC Section 19.142 to incorporate the State-required language; and WHEREAS, the Planning Commission conducted public discussion of these code amendments throughout May and early June 2020; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on May 15, 2020 and no comments or appeals were received and the DNS was finalized on June 19, 2020; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on June 17, 2020 and forwarded a recommendation for approval to the City Council to (1) amend FWRC 19.142.040 add and amend definitions; (2) amend FWRC 19.142.050 by referencing the date of affect for new data; (3) amend FWRC 19.142.060 to distinguish regulations for the AE and VE; and (5) amend FWRC 19.142.090 and adding FWRC 19.142.095 placing greater responsibility upon the floodplain administrator insuring that developments meet adopted criteria; and (6) amend FWRC 19.142.100 by placing additional actions necessary in granting variances to the code; and (7) amend FWRC 19.142.110 by placing greater restriction on storage of hazardous materials upon areas of floodplain; and (8) amend FWRC 19.142.120 by including manufactured home parks as subdivisions; and (9) amend FWRC 19.142.140 adding standards for development in the AE and VE zones; and (10) amend FWRC 19.142.150 eliminating the Al-30 flood classification. Ordinance No. 20-893 Page 2 o.f 30 WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on July 6, 2020, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments: (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying requirements of State regulation and correcting textual duplication within the Code that will mitigate the need for interpretation when reviewing projects proposed within the identified floodplains. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 and Title 15 FWRC and will implement, and are consistent with, the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the Federal Way Revised Code. Ordinance No. 20-893 Page 3 of 30 Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Goals: NEG1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP4 The City will continue to work with internal departments, state and regional agencies, neighboring jurisdictions, and tribes to protect environmentally critical areas and the City's natural environment. NEP6 Mitigation sequencing steps, which begin with avoiding impacts altogether by not taking certain action or parts of an action, should be applied to all projects where impacts to environmentally critical areas are proposed. NEP7 Implement and periodically update environmentally critical area regulations consistent with Best Available Science while also taking into consideration the City's obligation to meet urban-level densities and other requirements under the GMA. NEG6 To prevent the loss of life, property, and habitat in frequently flooded areas. NEP41 New improvements should not be located in floodplains unless fully mitigated via best building practices within areas of special flood hazard, shallow flooding, coastal high hazard, and floodways. FWCP — Chapter Nine,Natural Environment Revised 2015 IX-10 (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and additions to the sections of the Ordinance No. 20-893 Page 4 of 30 Code designed to prevent flood damage to life and property located in identified floodplains within the City of Federal Way. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they conform to requirements of the Federal Emergency Management Agency and allow land within the City to remain eligible for federal flood insurance.. `ect%og 3. Chapter 19.142 is hereby amended to read as follows: Chapter 19.142 FLOOD DAMAGE PREVENTION Sections: Article I. Generally 19.142.010 Purpose. 19.142.020 Adoption of state and federal statutes and regulations. 19.142.030 Methods of reducing flood losses. 19.142.040 Definitions. Article II. Provisions 19.142.050 General provisions. 19.142.060 Development activities subject to floodplain development permits. 19.142.070 Use of other base flood data (in A and V zones). 19.142.080 Information to be obtained and maintained. 19.142.090 Alteration of watercourses. 19 142 09,5 Notificatioii to Other Entities Changes qr Flq,g4plain Maps 19.142.100 Conditions for variances, Ordinance No. 20-893 Page 5 QI'30 19.142.110 Provisions for flood hazard reduction. ...__19.142.120 Development pao).��1�qNs .. including manufacturing [lpaiame parks and Subdivision proposals. 19.142.130 Review of building permits. 19.142.140 Specific standards. 19.142.150 AE and440 zones with base flood elevations but no floodways. 19.142.160 Floodways. 19.142.170 Critical facility. Section 44. FWRC 19.142.040 is hereby amended to read as follows: 19.142.040 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or FWRC 1.05.020, in that order. "Actual start of construction" 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, 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. "Actual start of construction, " for a substantial improvement, 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. "Alteration of ivatercoursc" means anv action that will change the location of the channel copied by water within the banks of an pq tion of a riverine watezbodv. "A13],)eal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. Ordinance No. 20-893 Page 6 of 30 "Area of shallow flooding" means designated as "zone AO or AH z,01�on the flood insurance rate map (FIRM). Zone AO vel J pas flood ood 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. Zone AO is characterized as sheet flow-3 zone AH indicates ponding, and is shown with standard base flood elevations. — "Area of special flood hazard" means 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 letter A or V. "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"). Designated on flood insurance rate maps by the letter A or V. "Base flood elevation ed to rise dtiring, the Nise flood. "Basenient" 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 VI-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 manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving excavations, 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. The director or his or her designee is the Floodplain Administrator for the City. Ordinance No. 20-893 Pape 7(�f'30 "Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. "Elevation certificate" means 81 3 1)an administrative too[ of'tile Natiomal 1"lood InSUrance thpt can, be used to track development, provide elevation information a ccs a> ie) eaistiFe eempliallee and-to determine the proper insurance premium rate, with Section B completed by Federal Way., to su pqq a request for a Letter of Map Amendment 1O and to _ent (LOM or Letter of Ma Revision – A) —P Based on Fill (LO -F). "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicinc, 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). "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. ( ) Mudslides (i.e., mi.idflows) which, are proximately caused by flood' as defined jw a) this definition and are akin to a river of liquid and flm,%iiig mud on the surfaces of' normally dry land areas, as when earth is carried bv a current of water and dei)osited alopg-jhe p, lb of„the current. hLThe collea I�1,v,,—;e or subsidence of land almig [fie shore of'a ]Ae ot- ollier body Of 1A,,Itel' OS as result of erosion or undermining caused bywaves,orcurrents of water exe-ee anticipated cvchcal levels or smIden1v catised by ,11,1 angst � V jg[ la h I IC%,C1 ill a Ilatttr"d body M, \valcl% cemi-lpai'ded hy a severe storm. or by an unanticipated force of nature. such as flash flood or ain abnormal tidal e, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) of this d.efim'11011. Ordinance No. 20-893 Page 8 of'30 "Flood insurance rate neap (FIRM)" means the official map on which the Federal Insurance Administrationtor has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Floo(I insurance study (FIS)" means an examination, evaluation and determination of flood hazgds and, it� app _10priate. caneswater surface elewal.iqn.s, or..- an examination. evaluation and determination of mudslide s e., mudflo and/or flood-related erosion hazards. Also known as a Flood ]-Elewqion S1 ,�, �� al LidV, the-l� �U k-F 411.,-'atrane-e a4e,"- a ad j ffie I I �1-0144-�ot 'TIpILdp1q�iLQrLflQod-12rone area means any land area susce-D.,tible to being inundated by water ftqrq_qr1y so q. See "Flood or I'lopc LipZ( '. "Floodplain nianggeinent regulations" means zoning ordinances. subdivision re ulations, building codes, health regulations, special jiqL[1�,qKdipances such �floodplam ordinance. gKqdhag ordinance and erosion control ordinance) and other ,qp p _jt.qq,!ions of police power. Th tern,-i describes such state or local Kegtllqqions, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction., "Flqgd p oo.(n " means any combination of stnictgral and nonstructural additions. changes. or q�Jjtl,�Trnents to Sti-L.lettires which reduce or eliminate risk of flood dain.,,i�,,e to I-Cal estate or improved real property water and sanitary fiacilitiesstruqures_ and their contents. m Flood r)i-oofed structures are those th,,it have the sti-ticlUral itata deli n to lac invenJOLIs to — - i q-L�-ritv—and s-- floodwater below the Base Flood Elevation. "Floochi)ay" 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 e*&-foot-q designated height. Also known as ate gulato�r Floodway". 'Twictionally dependent use" means a use \v[iich cannot perform its intended purpose unless it is located m carried out in-close pr(:2xii,nity to water. The term inchides only docking flicilitics. port facilities L,-t-i-i-,-,iLL't-.�ii�-e, i,—iec.es,s,a,r-v for the loading and unloading ofj� gE,,pqs eK g_ ship building and ship repair facilities, and does not include long term storage or related i, f�l C I L 11,111 , fa C i I I I i e S "Tlig,hest-q&q!�ent gLqA" means the highest natural elevation.of tl,i,,e..,L,,roLin.d. s-u.i-face gor to construction next to the proposed walls (,J'a StRWILIT-e. "Historic struclure" means anv structure that, ......................... Ordinance No. 20-893 Page 9 oJ'30 LL) Limed individn ally in the National Register of I?y,III e Department of Interior) or pj(�lim'narilv determined by the Secretary of the Interior as meeting the requit-en-ionts for individual listin�g on the Mition,al Re ister. or 9 2_LCLrt'fj,ed errprelinlinaniv determined bv the Secretary of the Interior as contribartji.Lg historical significance of a registered historic district or a district preliminarily determined by the Secretary to climliCy as a registered historic district, or (3) IndividL1811V listed on a state inventory of i.storic Laqes in states with historic preservation r,)rogninis which have been approved by the Secretary of Interk)r, or (4) , _hdividgally listed on a local inventoryofhistoric places, in COR1111LIT'lifiCS with historic P!Y�ion Programs that have been certified either: Via) By art approved st0.rte program as determined by the Sc cre.tar•v of the Interior, or fhjQLirect1y.by.the Secretary of the Interior in states without approved programs. "Lowest floor" means the lowest enclosed area (including basement), except that where 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 built in compliance with the applicable non- elevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the lowest floor. "Manufbaured 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, but does not include a recreational vehicle. "Manufactured home park or subtlh,ision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sect Lei�el " means for pw oses of the National Flood Insurance Prom-am. the vertical datumto which Base Flood Elevations shown on a communitv's Flood Insurance_Rate �LaT are referenced. "Neiv construction" means fi, A, the of dcterniinili��, inslinince t-ates. strucaarres for MIMI the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map_ or• _.....subse_quent December 1, 1974, whichever is later, and 'ncludcs any improvements to such structures. For floodplain management purposes, new construction" means structures for which the "start of consti"Lic Lion" commenced on or after the effective date of a floodplain ma auement reaulation adoVted bv a corinnunitv and includes any subsequent in1provenlents k" sgc�] .............. Ordinance No. 20-893 Page 10(?f'30 "Nein inanufactured 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: (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 recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, where the actual start of construction, repair, reconstruction, placement or other improvement occurs within 180 days of the permit date. See also "actual start of construction." "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above g roti ad...,as well as a manufactured home. "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 improvement of a structure, including f+f reconstruction, rehabi Ili wfloii. additiori. or other improvellielit of a sn-LICtI.1tv whefe—the cost of which or exceeds 50 percent of the market value of the structure either befei-e—the 01' tile, improvement—ii-4 _414,)�,a fit'al-4 iiij­) �VICII I hr f1+1 8fre1 .�i44_,t.This term includes structures which have incurred ,,substantial dariia�e'% regardless of the actual rei)air work nerfornied. The term does not, however, include either - M 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 Ordinance No. 20-893 Page 11 qf'30 local code enforcement official and which are the minimum necessary to assure safe living conditions; or .. ° prelude the any alteration of a "historic structure" rovided that the alteration will got c .... COnt1�la�IeC' wj `�trticture 9ted- on the -�rcP �rlRegister—of structure's....._ l des� �,7�M1ao'n...��"�. xa ��stoaryiC...�.�.� l "r stc�z l ii cc Crs-(-), a State--41Vk?4' of.y l J! tee.;. Substantial improvement begins 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. "Variance" means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. " Violation means the failure of a �m structureorother development to be fully compliant with the ... ert communrtys flood _p p ain management regulations. A structure or other development without the c1c�,v�.atreaii cc�t1iflic<atc, „otlicr certilications, or otlier evidca ce, o:dl" oinpj-z,: lce 1v Lt d iu this �._... _ ordinance is „ resumed to be in violation until such time as that documentation isr�ovided. "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. Stiction 5. FWRC 19.142.050 is hereby amended to read as follows: 19.142.050 eneral Provisions (1)Application of'chapter. This chapter 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-Administrationor in a scientific and engineering report entitled "The Flood Insurance Study for King County, Washington and Incorporated Areas" dated Lkunist 19 2020, 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 the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWC 19.142.070 shall be the Ordinance No. 20-893 Page 12 o1'30 basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 19.142.070. (2)Penalties for noncompliance. N u:ve-oi� �-�c—co��rtc�te�i 1 1 t a7y ��ersor� recd mnsiIflti for constrLicfing. ill wtod .c lccatln eaten e.ojVvcrtzsi , oI, altering a structure .or lend without full compliance with the terms of this chapter and other applicable regulations. shall be stibi .c.t_to civil...enforcen ent 'enalties under FWRC 1.15. (3) Summary abatement. Whenever any violation of this chapter causes or creates a condition 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 1.15 FWRC, Civil Enforcement of Code. (4)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. (5)Interpretation. In the interpretation and application of this chapter; all provisions shall be: Ordinance No. 20-893 Page 13 of 30 (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes, (6) Warning and disclaimer of liability. The degree of flood protection required by this chapter 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 mann-lade or natural causes. This chapter 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 chapter 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 chapter or any administrative decision lawfully made hereunder. Section 6: FWRC 19.142.060 is hereby amended to read as follows: Development activities subject to floodplain development permits. (1) Floodplain development permit required A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as set forth in FWRC 19.142.040, and for all development including fill and other activities, also as set forth in FWRC 19.142.040. (2)Nondevelopment activities. The 1'611(,-')wino aActivities "Jeve!opnR-@+-4*.......in-this -ehaptef are allowed in the regulatory floodplain without the need for a Ordinance No. 20-893 Pap ,e 14(?f'30 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 manmade changes to improved or unimproved real estate: (a) Routine maintenance of landscaping that does not involve grading, excavation, or filling; (b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation; (c)Normal maintenance of structures, such as reroofing and replacing siding, as long as such work does not qualify as a substantial improvement; (d)Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines; (e)Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas; and (f)Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. (3) Other activities. All other activities not described in subsection (2) of this section are allowed, as long as a floodplain development permit is approved, and, if required, as long as such activities meet all the other requirements of this chapter and the other provisions of the FWRC. (4)Application for floodplain development permit in 7roqe d"E. Application for a floodplain development permit shall be made and will include, but not be limited to, plans in duplicate Ordinance No. 20-893 Page 15(Y'30 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: (a) P�"opp,�d 4-elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B completed by the city of Federal Way building official; (b) 1''c°o s c Esc Ie�vaation in relation to mean sea level to which any structure has been will be floodproofed; (c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in FWRC 19.142.140(2); a0(2); (d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. t ItU21r"cation, fin.mflooti�a'yiI7 c��'v�°Ce��aa�aen ��cr����,�cr�zone P' ' 11 kation for �a I��.�a�tlla�a�%n development permit shall be made and will include, but not be limited to, plans in duplicate drawn to scale showing the naatUae� location, dimensions, and elevations of the area in clr:ac:,stion, x%�I�t g„or ptc pcased structgres, fill. storage of m,,iteriaals, drnin age llgc liti�.s. and the location of' e .. the koregoing. Speel ficaIly .ft fWjg,w,i1i iMif ri'nLition is rcc Ljred: a 1 radIQ. elev ation in relation to mean sea level of the bottom of the lowest stRICtaat"al member of the lowest flcacar (tL,,� ���� ttt�� i„ __ SLICIi aaa ._�c�ITa�waaaas Of,111 Sz cac. a.n cSand Nyaoacr.m....._.�.. s1:1•UCtUa'es contain as baasenient, Ordinance No. 20-893 Page 16g1'30 (b) Base Flood Elevation data for SUbdivision [)roj)osals or other development, including manufactured home parks or subdivisions. Than 50 lots or 5 acres, whichever is the lesser; and du I)escrjL)tion of the extent to which any watercOUI-SL, will be altered or i-elocated as a result of proposed development (56)Designation of the local administrator. The director or designee is hereby appointed to administer., an4 implement and eiifimce this chapter by granting or denying development permit applications in accordance with its provisions. The director shall: (a) Review all development applications to determine that the requirements of this chapter have been satisfied; (b) 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 (c) 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 FWRC 19,1411 60(l) are met. (67) Project requirements. If the project is located in the regulatory floodplain and includes activities not listed in subsection (2) of this section, the application shall include a habitat impact assessment completed by a professional biologist. If that assessment determines that impacts upon the habitat would result from the project, the application shall also include a habitat Ordinance No. 20-893 Page 17 of 30 mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as described in FEMA's Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, 2013, and any revisions thereto. (78) Third party review. For any habitat impact assessment or habitat mitigation plan, the city may require a third-party review. 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, and any revisions thereto. Secfl(), . FWRC 19.142.090 is hereby amended to read as follows: Alteration of watercourses. 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 Administratienor and shall requir-e assure that +moi n - H=is 1 t le 1�,v tlii t� �9ter-e 1 A a l(.-)Oat rein...port,:i i E)k= lie call,'in -capacity ofthe altered or relocated portion of said Wales°coUn3e is ITIMIAMIled. The Director shall notify the Federal Insurance Administrator inwritingof acquisition by means of annex„arporation or otherwise. of additional areas of jurisdiction, non, anco „ Section 8. FWRC 19.142.100 is hereby amended to read as follows:. Conditions for variances. C1rclhaaaace No. 20­89.3 fare 18(?1'30 (1) 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—o mie-half acre orless ii-i size 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. (2) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) 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. (5) 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. Ordinance No. 20-893 Page 19 of 30 They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. (6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (1) of this section and otherwise complies with FWRC 19.W142.110(1) and (3), and 19.142.120. (7) Any applicant to whom a variance is granted shall be given written notice over the signiature 47 the Director that the per-mit�ti-A i� � variance to construct a structure will be built with ._.. .�... �as4lall�{:�e t] ri its lowest floor below the base flood elevation will result in increased premium rates for flood insurance UlI to L-iraaoaUIts as Ili 'I as .$25._for Wve yam$' )0 �t1mSUrance we overage µR�nd that such COTISIRIC(ion below.�t e BFE increases risks to lil`e and property as l taau�rl��� c i cel 11a����9 The Director shall maintain a record of all variance actions. including ustificat ion for their issuance. (9) TheD'irector shall condition the rianc as needed to eIasure that the; tecla.�irernents and.. v�a criteria of this chapter are met. Section 9. FWRC 19.142.110 is hereby amended to read as follows: Provisions for flood hazard reduction. Ordinance No. 20-893 Page 20 gf'30 In all areas of special flood hazards, the following standards are required: (1)Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure {Mons hydro(yn iic or li loads Ltic-ludillL, the (b) 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. (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. (c) 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 duringconditions of flooding. Locating 11� such equipment below the base flood elevation may cause annual flood insurance premiums to be increased. (.33) Utilities. Urdinance No. 2(1-6Y.5 i-age Li of SU (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems; (b) Water wells shall be located on high ground that is not in the floodway; (c)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; (d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from thein during flooding. (4') t+ a e Irl 1 1�mtt r al �a�ml E.gqipM unit (aLT heage.or jL,rocessing of materials that could be initirious to lite man, animal, or plant I I fe if released dere to CkIIDa�_,'e froin flooding S Prohibited in ,special lloocl,h az,,Ird areas., (b' Stol of other material or ecltiipinent may be allowed if not subject to damage, by floods and if firmly anclaocc t�o �a. ..�flotation, �s.. ... renova�'� t memmarea within nt e...tim... e available after flood warning. Section 10. Chapter 19.142.120 is hereby amended to read as follows: Subdivision proposals. All devcic)la�a7,e)t pMosals, includiaag sL bdivision mid iiianLifacturcd house hark or .stabdivisiona. 1,0110 al,w" sha1I (1) All ,ahacl� xis laa-R bBe consistent with the need to minimize flood damage; M1f UtI Mlgur Ib U. LU—V TJ 1 U-MU 4L Uf .tu (2) �-11---hl-lave public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (3) " ubdiv-isk)n prolxisqs ha"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 for s "µ� sals, and e4w+–tiieposed deV Mli'041 c r i t a.11 develOpment rii-ol opals greater glia n 50 lots or five acres (whichever is less). Sect,ion 1„mlm. FWRC 19.142.140 is hereby amended to read as follows:. 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 FWRC 19.142_._050(l) or 1X1.1 2,070. O � � �,". 1 Residential construction �Fa ���a� m (a)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). Ordinance No. 20-893 Page 23 of 30 (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solelv for park n , access or storage, 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 minimum criteria: (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 to 25 percent attached to the annual insurance premium. Upon completion of the stru„cture certification by a registered professional engineer_or surveyor that the elevatio„n requirements of the lowest floor. includingbasement. of this section have been satin-I.-ted shall I)e proyided to the Director for verification. (2) Residential coos1ruction in Zone VE ,( r a _ @ i Iii�li tide: a Be located landw�tu�d tlie of �I�c �:�,a�tJ�i o �nea Ordinance No. 20-893 Page 24 of'30 (b' Have the bottom of the lowest structural member of the lowest, floor (exClUdim 'liL W -..........--- g pi ig and colLmins), elevated to or above the Base Flood ],"�.Jevatiotir (c) Have the.j� le or column foundation and structure attached thereto be anchored to resist flotation. collapse and lateral movement due to (lie effects of' \vind and water loads acting SiMUltamously on all bUildirILI C m.pqj')g �. Water loadii1gvaLles us(Ld Al those associated with the base nood. Wind loadirip vahiCS used shall be those rewfired by applicable state or local hniIditjg_stapdards, (d) flave the space below the...lowestfloor, usable solely,f�-,g_parking_ fvehicles, btfildiM, access, or storaMt jither free of obstruction or cotistrLICted with non-sLipportirig bJ7Caka\vay walls open wood lattice-work, or insect screenin intended to collapse under wind and water loads without causingcollapse, displacement, or other Structural damage to the elevated portion of the Niildiiw) or supportiiig A i s s J�`or tLie .uses of this section., @ breakamly–mAl ..q j _ _pgrp – shall have a design safe loadinp- resistance of not less than 10 and no more than 20 pounds per SgIlare lba [L J_Prohibil the Lise ail"dill liar structural sLIP.oo rt f buildiiigs, aric] ................— ffProhibit mare-ma(le ,fltenatioii of'sarid (Igges arid nlqnMy�_sqtnds. A registered professional erighieer or architect shall develop or igy!q)y the structura d sm�-C-Ufigqfions and plans for the construction. md shffl cert,ify that the design and methods of djLj _ )� iC0IStRICtion to be Used are tri accoarice Nestle accepted stzmdards qfigL i � j jjr�)visiqqs-,q.Cthis Section, Ordinance No. 20-893 PaFe 23(Y'30 Vpqjj completion of construction, certification by a re istered professional engineer or architect that these desigija , standards have been satisfied, and certification by a re,(Jster�Zd�fessloiitl !�!jginecr orsurveyor that the elevation recittirements of Ib,e-_-b�of_1oni of the lowest stmaural member of the lowest floor. excIgdjqg.-piIi;,Ig� this seef LQn have been-satisfied �shall tic nj:gyt 19 the Director for verification. (2�3 )Nonresidential constructioninan AE ~cine.ne. 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: (a) Be floodproofed 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; (b) Have structural components capable of resisting 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 certifications shall be provided to the official as set forth in FWRC .1 9�142.060(2); (d)Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section. Ordinance No. 20-893 Page 26 of'30 Applicants who are floodproofing nonresidential buildings should beware 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. QjLc( _2nipletion of the stnictLire ceft[Ificati,on by a rej,slered rofessiogal engineer or surveyp!- that tlie elevatioii reouireipients, of the lowest-floor, includLn��bascinenj.A�fjhis secdop have been satisfled shall bc_pEpyided to the Director Cor vet-ificatim, or certification by a registered professional engineer or architect that the flood r ofi n desio of this section is satisfied P P g- includi g the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be proNlided to the Director for verification. (4) Non-residential construction in Zone VE. Floodproofilng of non-residential structures is pr(�hibitccL All structures nuist be elevated and COTIStrUcted according to tIj tiii-cillents set f'ortli M FWRC 19�.142.14, 1 (35)Manufactured homes in, 701'JL" ,,]E. All manufactured homes 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. Upon completion of installation of the manufactured home, certification b ed --...............—'— y are , pKofk§§jqiLaIl engineer or surveyor that the elevation requirements of this section have been satistled shall be-LirgVided to the Director for verification.. Ordinance No. 20-89.3 Page 27 of'30 (6_ All manufactured homes to ,belaced or....substantially improved on sites shall meet the standards of residential construction in VE Zones in °R(C° 19.142.140(l). Uponco.. ... __wwww�ww...www e p mplmehon of installation of the manufactured home certification b�gistredw� professional engineer or sure y q .....section have been mm e or that the e eva ion re uiremen s o this „ .._.... satisfied shall be pcQ:�L d to the Director for verification. (47) Recreational vehicles. Recreational vehicles placed on sites are required to either: (a) Be on the site for fewer than 180 consecutive days; or (b) 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 (c) Meet the requirements of subsection (3) of this section and the elevation and anchoring requirements for manufactured homes. Section 12. Chapter 19.142.150 is hereby amended to read as follows: AE and 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 rs-A +Ol Zone 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 Ordinance No. 20-893 Page 28(?1'30 anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section 13. FWRC 19.142.095 is hereby added to read as follows: Notification to Other Entities Changes to Floodplain Maps Base F..lood Elevations may increase or decrease restwltin wircjtllt� �a �l)h sicaal than i(pmc,tarlg flooding coradit'on�� e date such As soon as...pract�ic�i bl e, brat not ater t an six moats a... er the int"orrntation becorii s available, the Directoa- shall notify the Federal IIISLIrarace Administrator of the changes by submitting technicalorscientific data in accordancewithVolume_44w Code of Federal Regulations Section.65.3. Such a submission is necessary so that upon confirmation of tl;losc ai�rysrcal changes al. . ' ,L llra�,w.. � rsl r�cnrtet rates an Marra �.l' � Icc�trn�� oaa rraa�...crrra rtar��, r.. .� �_ . .�. l aaoc..l?�...._. niana Aer�nent relgirenaents will be b�axsed Lalaa'rn current data. cctioii 14 Severability. The provisions of this ordinance are declared 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 the ordinance, or the validity of its application to any other persons or circumstances. Sea time 15. t� oa a cctroras, The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Seu.tl.oii 16. Ratificatiop. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 20-893 Page 29 of'30 Section 17. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 11th day of August, 2020. CITY OF FEDERAL WAY: FE t:RELL, MAYOR e ATTEST. . � S I" ,ISI 'ANII COURTNEY C C, CITY CLERK APPROVED AS TO FORM:. J. RYAN CALI,,-e1TY ATTORNEY FILED WITH THE CITY CLERK: 07/15/2020 PASSED BY THE CITY COUNCIL: 08/11/2020 PUBLISHED: 08/14/2020 EFFECTIVE DATE: 08/19/2020 ORDINANCE NO.: 20-893 Ordinance No. 20-893 Page 30 of 30