Res 96-229
RESOLUTION NO. qlo- 229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, PROVIDING FOR.
COOPERATION WITH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND ADOPTING POLICIES FOR
MINIMIZING PUBLIC AND PRIVATE LOSSES DUE TO
FLOOD CONDITIONS.
WHEREAS, certain areas of Federal Way (hereafter, the
"city") are subject to natural periodic flooding, mudslides (Le.,
mudflows), or flood-related erosion, causing serious damages to
properties within these areas; and
WHEREAS, relief is available in the form of Federally
subsidized flood insurance as authorized by the National Flood
Insurance Act of 1968; and
WHEREAS,
Federally
subsidized
flood
relief
is
not
available to Federal Way residents unless the City is a participant
in the National Flood Insurance Program ("NFIPII); and
WHEREAS, the city, in order to become a participant in
the NFIP, must adopt and enforce regulations consistent with the
Federal Emergency Management Agency's ("FEMA") regulations for the
control of new development and substantial improvements in flood
prone areas; and
WHEREAS, it is the intent of the City Council to require
the recognition and evaluation of flood, mudslide (i.e., mudflow) ,
or flood-related erosion hazards in all official actions relating
to land use in areas having these hazards; and
Res. #~, Page 1
CC~fY
WHEREAS, this body has the legal authority to adopt land
use and control measures to reduce future flood losses;
NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
section 1.. Maintenance. of Land Use Controls.
The City
will enact as necessary and as legally permissible, and maintain in
force in those areas having flood, mudslide (i.e., mudflow), or
flood-related
erosion hazards,
adequate
land use
and
control
measures with effective enforcement provisions consistent with the
criteria set forth in section 1910 of the National Flood Insurance
Program Regulations.
section 2.
Duties of the Public Works Director.
The
Public Works Director, or his designee, is authorized and directed
to:
(a)
Assist the FEMA Administrator, at his request,
in his
delineation of the limits of the area having special
flood, mudslide (i.e., mudflow), or flood-related erosion
hazards.
(b)
Provide such information as the FEMA Administrator may
request concerning present uses and occupancy of the
floodplain, mudslide
(i.e., mudflow)
or flood-related
erosion areas.
(c)
Cooperate with Federal, State, and local agencies and
private firms which undertake to study, survey, map and
identify floodplain, mudslide (i.e., mudflow), or flood-
Res. ~, Page 2
related erosion areas, and cooperate with neighboring
communities with respect to management
of
adjoining
floodplain, mudslide (i.e., mudflow) and/or flood-related
erosion areas in order to prevent aggravation of existing
hazards.
(d)
Submit on the anniversary date of the City's initial
eligibility an Annual Report to the Administrator on the
progress made during the past year within Federal Way in
the
development
and
implementation
of
floodplain
management measures.
(e)
Upon occurrence, notify the FEMA Administrator in writing
whenever the boundaries of the City have been modified by
annexation or the city has otherwise assumed or no longer
has authority to adopt and enforce floodplain management
regulations for a particular area.
In order that all
Flood Hazard Boundary Maps and Flood Insurance Rate Maps
accurately
represent
the
city's
boundaries,
include
within such notification a copy of a map of the City
suitable for reproduction, clearly delineating the new
corporate limits or new area for which the City has
assumed or relinquished floodplain management regulatory
authority.
section 3.
Maintenance of Flood Related Information.
The Public Works Director, or his or her designee, is authorized
and directed to maintain for public inspection and to furnish
upon
request,
for
the
determination
of
applicable
flood
Res. ~, Page 3
insurance risk premium rates within all areas having special
flood hazards identified on a Flood Hazard Boundary Map or Flood
Insurance Rate Map,
any certificates of flood-proofing,
and
information on the elevation (in relation to mean sea level) of
the level of the lowest habitable floor (including basement if
habitable) of all new or substantially improved structures, and
include whether or not such structures contain a basement, and
if
the
structure
has
been
floodproofed,
the
elevation
(in
relation
to
mean
sea
level)
to
which
the
structure
was
floodproofed;
section 4.
Adoption of Definitions and Policies.
The
city hereby adopts the following definitions and policies for
minimizing public and private losses due to flood conditions:
1.
Definitions.
Unless specifically defined below,
words or phrases used herein shall be interpreted so as to give
them the meaning they have in common usage and to give these
policies their most reasonable application.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the
flood plain within a City subject to a one
greater chance of flooding in any given year.
(1%)
percent or
Designation on
maps always includes the letters A or V.
"BASE FLOOD" means the flood having a one percent (1%)
chance of being equaled or exceeded in any given year.
Also
referred to as the "100-year flood."
Designation on maps always
includes the letters A or V.
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"BASEMENT" means any area of the building having its
floor subgrade (below ground level) on all sides.
"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 located within the area of
special flood hazard.
"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 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 City.
"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.
"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
Res. #~, Page 5
such enclosure is not built so as to render the structure in
violation of applicable non-elevation design requirements.
"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 fifty percent
(50%)
of the fair 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 fifty percent (50%) of the market value of the
structure either:
Before the improvement or repair is started; or
(1)
(2)
If the structure has been damaged and
is being
restored, before the damage occurred.
For the purposes
of
this
definition
"substantial
improvement"
is
considered to occur when the first alteration of any
wall,
ceiling,
floor,
or other structural part of the
building
commences,
whether
or
not
that
alteration
affects the external dimensions of the structure.
The term does not, however, include either:
(1)
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
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(2)
Any alteration of a structure listed on the
National Register of Historic Places or a state Inventory
of Historic Places.
2.
Lands
to which this Resolution Applies.
This
resolution shall apply to all areas of special flood hazards within
the City of Federal Way.
3.
Basis for Establishina the Areas of Special Flood
Hazard.
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the City of
Federal Way," dated May 16,1995 or as may hereafter be amended,
with accompanying Flood Insurance Maps is hereby adopted by
reference and declared to be a part of this resolution.
The
Flood Insurance Study is on file at the Department of Public
Works.
4.
Information to be Obtained and Maintained bv Buildina
Official.
(1)
Where base flood elevation data is provided through the
Flood Insurance Study,
obtain and record the actual
elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially
improved structures, and whether or not the structure
contains a basement.
(2)
For
all
new
or
substantially
improved
floodproofed
structures:
Res. #~, Page 7
(3)
(1)
(2)
(1)
(a)
Verify and record the actual elevation (in relation
to mean sea level), and
(b)
Maintain required floodproofing certifications.
Maintain for public inspection all records pertaining to
the provisions of this resolution.
5.
Anchorinq.
All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
All manufactured homes must likewise be anchored to
prevent flotation,
or lateral movement,
and
collapse,
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 (Reference FEMA's "Manufactured Home
Installation
in
Hazard
Areas"
guidebook
for
Flood
additional techniques).
6.
Construction Materials and Methods.
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
Res. ~, Page 8
be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the
components during conditions of flooding.
7.
Review of Buildina 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.
section 5.
Severabilitv.
If any section,
sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
section 6.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 7.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of ~,
, 1996.
CITY OF FEDERAL WAY
~/// ?7
. ~~V~
YOR, MARLON S. PRIEST
Res. #~, Page 9
(- ATTESTQL: .'
~ . r i( ~
( ~~t' -'..-.-./ - /
CI Y CLERK, N. CH ISTIN GRE~í?, CMC
APPROVED AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K: \RESo\ lemawash .new
4-2-96(96-100)
04/09/96
04/16/96
96-229
Res. #~, Page 10