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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. Res. ~, Page 4 "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 Res. #~, Page 6 (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