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HomeMy WebLinkAboutOrdinance No. 2020-028 An Ordinance of the City of Arlington, Washington Amending Certain Sections of the Arlington Municipal Code Chapter 20.64 Relating to Floodplain Regulations and Declaring an Emergency ORDINANCE NO. 2020—028 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODPLAIN REGULATIONS AND DECLARING AN EMERGENCY WHEREAS, the City of Arlington Community & Economic Development staff has reviewed the provisions of Arlington Municipal Code Chapter 20.64 in connection with floodplain regulations; and WHEREAS, the City has worked with the Department of Ecology and the Federal Emergency Management Authority (FEMA) to amend the City's ordinances for clarity and compliance; and WHEREAS, FEMA has adopted modifications to FEMA's maps and regulations which became effective on June 19, 2020; and WHEREAS, the City finds that FEMA published notice in the newspaper and received no comments; and WHEREAS, the City is required to adopt ordinances implementing the FEMA maps and regulations; and WHEREAS, the Planning Commission considered this ordinance at its meeting on October 20, 2020, and recommended approval of the same; and WHEREAS,the City Council considered this ordinance at a workshop on October 26, 2020 and held an open record public hearing on November 2, 2020 and found that amendment of the ordinance was in the best interests of the citizens and the City; and WHEREAS, the City Council finds that the ordinance is consistent with the comprehensive plan of the City, and that the ordinance should be adopted; and WHEREAS, the City Council finds that an emergency exists, in that adoption of this ordinance must be effective before Monday, November 9, 2020 in order for Arlington to be compliant with FEMA regulations for flood insurance, and if the ordinance is not adopted as an emergency then publication of the ordinance may not occur prior to that time; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 20.64.010 shall be and hereby is amended to read as follows: ORDINANCE NO. 2020-028 1 20.64.010 - Statutory authorization. The legislature of the state of Washington has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Arlington does ordain as follows: Section 2. Arlington Municipal Code section 20.64.020(a) shall be and hereby is amended to read as follows: 20,64.020 - Findings of fact. (a) The special flood hazard areas of the city encompass a very small area (two-tenths of one percent)of the developable lands within the corporate limits of the city. These areas are subject to periodic inundation of floodwaters due to storm surges and runoff, which may result in loss of life, property damage, public health and safety hazards, disruption of commerce and governmental services, and other consequences which adversely affect the public health, safety and general welfare. Section 3. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by adding the following additional definitions, to read as follows: "Accessory Structure" means" a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. "Alteration of Watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. "Base Flood Elevation" (BFE) means the elevation to which floodwater is anticipated to rise during the base flood. "Building": See "Structure". "Floodplain or flood prone area" means any land area susceptible to being inundated by water from any source. See "Flood or flooding." "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination ORDINANCE NO, 2020-028 2 thereof, which provide standards for the purpose of flood damage prevention and reduction. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Dry flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. Impervious Surface: a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. ORDINANCE NO. 2020-028 3 "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground as well as a manufactured home. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Section 4. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by amending the following definitions, to read as follows: "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "one hundred-year flood"). "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, excavation or drilling operations, or storage of equipment or materials, subdivision of land, removal of more than 5%of the native vegetation on the property, or alteration of natural site characteristics. "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; (2) The unusual and rapid accumulation of runoff of surface waters from any source; (3) Mudslides (i.e., mudflows)which are proximately caused by flooding as defined in (2) in this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; The collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding as defined in (1) of this definition. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. ORDINANCE NO. 2020-028 4 "Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the Flood Elevation Study "Floodplain administrator" means the director of community development, who is hereby deemed to be the city's floodplain administrator to administer and enforce the floodplain management regulations. "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 a designated height. "New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Protected area" means the greater of the floodway, the channel migration zone plus 50 feet, and the riparian habitat zone within the FEMA mapped special flood hazard area. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed The term does not, however, include either: (1) Any project for improvement of a structure to correct identified 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 (2) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure." ORDINANCE NO. 2020-028 5 Section 5. Arlington Municipal Code section 20.64.050 shall be and hereby is amended by removing the following definitions: Section 6. Arlington Municipal Code section 20,64.060 shall be and hereby is amended to read as follows: 20.64.060 - Basis for establishing the areas of special flood hazard. (a)The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Snohomish County and Incorporated Areas" (in which the city is incorporated) dated June 19, 2020, or as amended, with an accompanying flood insurance rate map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this section.The flood insurance study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in subsection (b)shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under subsection (b). (b) When base flood elevation data has not been provided (A zones) in accordance with subsection (a), the floodplain administrator shall use any base flood elevation and floodway data available from a federal, state or other source, in order to comply with Section 20.64.160 (General Standards), Section 20.64.170 (Specific standards for zones A and AE) and Section 20.64,180 (Specific standards for designated regulatory floodways). (c) If such data are not already available,the administrator may rely on a licensed surveyor to provide such information as necessary to reasonably ascertain said zones. Section 7. Arlington Municipal Code section 20.64.100 shall be and hereby is amended to read as follows: 20.64.100- Supplementary information required with a permit application. In addition to the standard information required on a permit application, the following information is also required for any permits proposing development within a floodway or floodplain, watercourse alteration or relocation: (1) Proposed Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Proposed Elevation in relation to mean sea level to which any structure has been floodproofed; (3)Proposed Elevation certification by a registered professional engineer or architect. (4) 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 Administrator through appropriate notification means. (5) Assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. ORDINANCE NO. 2020-028 6 Section 8. A new Arlington Municipal Code section 20.64.125 shall be and hereby is amended to read as follows: 20.64.125— Flood Hazard Permit Required A. General Requirements 1. No land within the areas of special flood hazard shall hereafter be subdivided or short subdivided, improved, filled, graded or cleared; nor shall any structure, including manufactured homes, be constructed, reconstructed, substantially improved, relocated, or erected on such lands unless the person(s) responsible for such improvements shall first obtain a Flood Hazard Permit for such action in accord with the provisions of Arlington Municipal Code Chapters 20.64. 2. The areas of flood hazard include those identified on the latest version of the Federal Insurance Administrator's , Flood Insurance Rate Maps (FIRM), or subsequent floodplain information prepared by the City to show updated flood hazard information, or on site-specific studies if required for development application purposes. Publicly available flood hazard information is available from the Permit Center and Public Works Engineering. 3. A Habitat Assessment Report is required as part of project permitting to help project proponents and government agencies identify and address potential impacts of a proposed development on protected areas that have potential to adversely affect habitat functions for species listed under the Endangered Species Act (ESA). For the purposes of this assessment, "ESA listed species" include any species listed as endangered,threatened, or being considered for listing, and have been documented to be present in streams near and adjacent to the project site. Refer to FEMA Floodplain Habitat Assessment and Mitigation Regional Guidance for the Puget Sound Basin. B. Required Analysis Methods 1. When analysis is required. Projects that displace floodwaters require an engineer's certification that compensatory storage and no reduction in floodway conveyance will result. Examples of projects exempt from the compensatory storage and conveyance certification analysis requirement include, but are not limited to: (i) Projects in the floodplain that do not involve any activity below the base flood elevation, such as a second story addition (an elevation certificate may still be required, however). (ii)Activities that do not involve recontouring of ground or new fill, such as an on-grade driveway. New or improved structures in the flood fringe (i.e., away from flowing flood water), where no fill is proposed and adequate foundation openings are provided. (iii) New or improved structures constructed on flow-through foundations or pilings where no fill is proposed. The City will verify that the exemption ORDINANCE NO. 2020-028 7 is valid before a permit is issued. 2. Compensatory Storage Required. Development proposals shall not reduce the effective base Page 2 of 3 REV 10/2017 flood storage volume of the floodplain. Grading or other activity which would reduce the effective storage volume must be mitigated by creating compensatory storage either on-site, or approved adjacent off-site location. The compensatory storage must be hydraulically connected to the source of floodwaters and excavated at an elevation at or below the elevation of the filled storage that is being compensated. 3. No Reduction in Floodplain Conveyance. Development proposals shall not reduce the hydraulic capability of the floodplain on-site to convey floodwaters through the property during the base flood event. No rise in base flood elevations is allowed on adjacent properties. Providing this compensatory conveyance capacity can be done in conjunction with the compensatory storage, either on-site or off-site. 4. Floodplain Hydraulic Study. Compliance with the compensatory storage, compensatory conveyance requirements, and other requirements of the Arlington Municipal Code Chapter 20.64 shall be documented in a floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington. The following methods shall be used to assess impacts and required mitigation: a. Base flood information, including flood magnitudes, shall be consistent with the latest Flood Insurance Study, or with subsequent reports and data furnished to the applicant by the City. The applicant should verify these assumptions, and whether hydraulic models that represent the current base flood mapping are available, with the City. b. The floodplain hydraulic study shall include site topographic mapping, plans and specifications for proposed grading and structures, surveyed cross-section data and graphs,flood profiles, model input and output data, and any other information necessary to document modeling assumptions, conditions and conclusions. If requested, floodplain study submittals shall be accompanied by electronic copies of floodplain models and topographic maps. c. Acceptable modeling methodologies for calculating floodplain conveyance impacts and mitigation are described in Table 1. Alternative methods.may be approved by the City. ORDINANCE NO. 2020-028 8 Table 1. Acceptable Modeling Methodologies Activity Modeling Methodology 1) No Impact: All activities not causing No modeling required obstruction of floodwaters or fill, such as vegetation removal or planting, building improvements that do not increase footprint, maintenance to restore an original permitted condition, etc. _ 2) Minor grading or structures: Under 10 Hand-computed conveyance (k) feet of obstruction width or less than 2 calculation assuming no change in water feet of fill, not to exceed 100 square surface elevation and using appropriate feet of total obstruction under base Manning's "n" value. flood. 3) Major grading or structure: Activities Step-backwater computer model such as that do not meet the definitions of 1) or HEC 2 or HEC—RAS. 2). C. Document and Plans Submittal The following documents and plans shall be provided by the applicant at the time the permit application is filed with the City: 1. A complete legal description of the property; parcel number, lot number(s) and name of platted subdivision; or the tax lot number assigned by the County Assessor's Office, Page 3 of 3 REV 10/2017 together with the Section, Township and Range Number. 2. A topographic survey of the property prepared by a licensed surveyor, with sufficient scale (1"=20') and contour interval (2')to adequately assess variations in the ground surface, and based on the City of Arlington datum (NAVD88). 3. Compensatory Storage and Floodplain Conveyance Design. The grading plan shall identify description, location and volume of compensatory storage provided, and features of floodplain conveyance facilities. Calculations and analysis methods shall be documented, as required in Section B (above), in the floodplain hydraulic study prepared by a licensed civil engineer registered in the state of Washington 4. A design of site stormwater drainage in compliance with Chapter 13.28 AMC (if required). 5. Habitat Assessment. 6. Two sets of plans, profiles, sections or sketches, drawn clearly and legibly, showing pertinent distances, dimensions, contours, elevations and details. ORDINANCE NO. 2020-028 9 7. Permit application. D. Elevation Certificate 1. A preliminary elevation certificate shall be completed and submitted to the City at the time of first floor construction. 2. A final elevation certificate shall be submitted at completion of construction. 3. Elevation certificates shall be completed by or under the supervision of a Washington State Registered Professional Surveyor. Per state law, a licensed engineer cannot sign an elevation certificate. 4. The City shall approve preliminary and final elevation certificates. No acceptance or occupancy shall be granted prior to submittal of the as-built elevation certification. E. Other Permits The City's approval of this application and permit does not grant approval for drainage work, grading or crossings that may affect streams or wetlands. Contact the City for more information on other permits that may be required for the project. F. Review and Approval An application, when completed on the forms provided by the City, together with required materials described above, will be reviewed by the Designated Official, and, when appropriate and necessary, by other public agency officials, engineers, and persons. Their recommendations will be forwarded to the designated official who will examine, approve or reject drawings, plans, sketches or floodplain analyses for any proposed improvement. The approved application, and approved plans will represent the permit. Section 9. Arlington Municipal Code section 20.64.140 shall be and hereby is amended to read as follows: 20.64.140 - Permissible uses within floodway. Notwithstanding Chapter 20.40 (Permissible Uses), no permit to make use of land within a floodway may be issued unless, the applicant can demonstrate a No Rise Certification per methods as outlined in 20.64.180 for the proposed use when listed as permissible in the Table of Permissible Uses, Chapter 20.93 (Critical Areas Ordinance), and in the following list: 1. General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses. 2. Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, ORDINANCE NO. 2020-028 10 and other similar ground-level area uses. 3. Lawns, gardens, play areas, and other similar uses. 4. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback-riding trails, open space, and other similar private and public recreational uses. Section 10. Arlington Municipal Code section 20.64.150 shall be and hereby is amended to read as follows: 20,64.150—Construction within floodplains restricted. A. General development standards to be followed in floodplains (aka special flood hazard area) include: 1. If a lot has a buildable site out of the floodplain, all new structures shall be located there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least impact on salmon. a. All structures must be set back at least fifteen feet from the protected area and sited as close to the SFHA boundary as possible. 2. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development hydrologic conditions, when technically feasible. 3. Creation of new impervious surfaces shall not exceed ten percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided. 4. Uses that are not permitted in the protected area unless shown not to adversely affect water quality, habitat, and large woody debris include; septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills: receiving area for toxic or hazardous waste or other contaminants. 5. a. The proposed action must be designed and located so that new structural flood protection is not needed. b. All bank stabilization measures requiring armoring of the streambank or shoreline shall utilize bioengineering per the integrated streambank protection guidelines 2003 (for riverine shorelines) or the state shorelines guidelines on bank stabilization 2003 (for estuarine and marine shorelines). 6. In an SFHA outside the protected area, zoning is required to maintain a low density of flood plain development. Concepts of cluster development, density transfer, credits and bonuses, planned unit development, and transfer of development rights shall be employed wherever possible. B. Any development occurring in the floodplain will require the issuance of a "flood hazard permit". A development permit shall be obtained before construction or development begins within any area of special flood hazard area. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities as set forth in this chapter. ORDINANCE NO. 2020-028 11 1. No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans for any such development to assure that: a. The proposed development is consistent with the need to minimize flood damage, and b. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and c. Adequate drainage is provided to minimize or reduce exposure to flood hazards, and d. All necessary permits have been received from those agencies from which approval is required by federal or state law, and e. The application for a permit to develop in the affected area must include the elevations of the ten-, fifty-, and one hundred-year floods, where such data are available, and f. The applicant must record a notice on the title that the property contains land within the RHZ and/or one hundred-year floodplain before a permit may be issued, and g. Any improvements or repairs to existing structures that result in a greater than ten percent increase of the structure footprint must mitigate for any adverse effects, and h. Removal of native vegetation must leave sixty-five percent of the surface area of the portion of the property in the floodplain in an undeveloped state, and i. Development in the protected area (floodway, RHZ, and CMZ plus fifty feet) is prohibited unless it is demonstrated that any proposed development in the area does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. No mitigation is allowed within the protected area. However, project design elements to avoid any adverse effects may be allowed. 2. Any development outside the protected area must mitigate for adverse effects, both direct and indirect on functions such that equivalent or better salmon habitat protection is provided for: a. Stormwater. Reduce flood volumes and stormwater runoff from new development by ensuring that increased flood volumes of stormwater reach the river at the same frequency, timing and duration as historic runoff. Low impact development is required to be incorporated as described in Section 20.64.140(b)(2). b. Riparian vegetation: maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site. Riparian retention requirements are outlined in subsection (1)(H). c. Hyporheic Zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater, and hyporheic zone, however, natural hyporheic exchange may be enhanced or restored. ORDINANCE NO. 2020-028 12 d. Wetlands. Wetland function must be maintained or replaced by providing equivalent function. e. Large Woody Debris. Any large woody debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD. 3. No building may be constructed and no substantial improvement of an existing building may take place within any floodway. This includes a prohibition on installing new mobile homes in an existing mobile home park located in a floodway, even if the park is nonconforming. 4. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (Subsection 20.64.060(b) Basis for establishing the areas of special flood hazard), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. 5. No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated one foot or more above the base flood level. a. Accessory structures, shall be allowed within floodplains provided they are firmly anchored to prevent flotation, elevated one foot or more above the Base Flood Elevation, or, if used solely for parking or storage, meet the requirements under 20/64/17011)(B) (i.e., vented). b. Anchoring of any accessory structures may be done by bolting the building to a concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet on center with a minimum of two per side shall be required. If over-the-top ties are used, a minimum of two ties with a force adequate to secure the building is required. 6. No new nonresidential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or floodproofed one foot or more above base flood elevation (BFE). 7. For purposes of this section, "substantial improvement" means any building constructed on or after the effective date of a floodplain management regulation, including any, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. "Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: ORDINANCE NO. 2020-028 13 a. 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 b. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". 8. No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: a. Required that all new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 9. Notwithstanding any other provision of this title, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: a. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic, hydrostatic loads, including the effects of buoyancy, 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 (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). b. Lots or pads are elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above the base flood level. c. Adequate surface drainage and easy access for mobile home hauler is provided. d. Load-bearing foundation supports such as piers or pilings must be engineered. 10. Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. All activity within the floodplain will require the issuance of a Flood Hazard Permit by the City. Section 11. Arlington Municipal Code section 20.64.160 shall be and hereby is amended to read as follows: 20.64.160- General standards. 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 resulting from hydrodynamic and hydrostatic loads, including the effects ORDINANCE NO. 2020-028 14 of buoyancy. (B) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (2)A, AE Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (3) 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 during conditions of flooding. Section 12. Arlington Municipal Code section 20.64.170 shall be and hereby is amended to read as follows: 20.64.170- Specific standards for zones AE and A. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 20.64.060 (Basis for establishing the areas of special flood hazard and Use of Other Base Flood Data), the following provisions are required: (1) Residential Construction. (A) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. (B) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or, if used solely for parking, 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 ORDINANCE NO. 2020-028 15 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. (2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated 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 floodplain administrator or building official. (D) Applicants floodproofing nonresidential buildings shall be notified 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). (3) Manufactured Homes. (A)All manufactured homes to be placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; (v) 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 designed foundation system to ORDINANCE NO. 2020-028 16 resist flotation, collapse and lateral movement. (B) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (4) Recreational Vehicles. Recreational vehicles placed on sites are required to either: (A) Be on the site for fewer than one hundred eighty consecutive days, (B) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (C) Meet the requirements of subsection (c)(3), and the elevation and anchoring requirements for manufactured homes. Section 13. Arlington Municipal Code section 20.64.190 shall be and hereby is deleted in its entirety. Section 14. Arlington Municipal Code section 20.64.210 shall be and hereby is amended to read as follows: 20.64.200 - AE zones with base flood elevations but no floodways. In areas with base flood elevations (but where a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within 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 anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section 15. Arlington Municipal Code section 20.64.215 shall be and hereby is amended to read as follows: 20.64.210 - Special provisions for all development proposals, including subdivisions and ORDINANCE NO. 2020-028 17 manufactured home parks, shall: (a) Be consistent with the need to minimize flood damage. (b) Have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. (c) 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 all development proposals, including subdivisions and manufactured home parks, greater than fifty lots or five acres (whichever is the lesser). (e) All subdivisions are subject to use and construction restrictions contained in Section 20.64.130 (Artificial obstructions within floodways prohibited), Section 20.64.140 (Permissible uses within floodways), Section 20.64.150 (Construction within floodplains restricted), Section 20.64.180 (Specific standards for designated regulatory floodways) and Section 20.64,220 (Utility systems in floodways and floodplains) if any portion of the land to be subdivided lies within a floodway or floodplain. (f) Final plat approval for any subdivision containing land that lies within a floodway Of may not be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: "Use of land within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code." (g) Subject to the following sentence, a conditional use permit or final plat approval for any subdivision may not be given if: (1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots, and (2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and (3) It reasonably appears that one or more lots described in Subsections (g)(1) and (2) could not practicably be used as a residential building site because of the restrictions set forth in Section 20.64.150 (Construction within floodplains restricted),Section 20.64.160(General standards), and Section 20.64.170(Specific standards for zones AE_and A). Section 16. Arlington Municipal Code section 20.64.240 shall be and hereby is amended to read as follows: 20.64.240 - Additional duties of administrator related to flood insurance and flood control. The administrator shall: (1) For the purpose of the determination of applicable flood insurance risk premium rates within zone A on the City's flood insurance rate map provided by the U.S. Federal Emergency Management Agency: ORDINANCE NO. 2020-028 18 (A) Obtain and maintain a record of the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not such structures contain a basement; and (B) Obtain and maintain;a record of the elevation (in relation to mean sea level) to which the structure was floodproofed; and (C) Maintain the floodproofing certifications found in others sections of this chapter; and (D) The city will track projects which have been issued floodplain development permits, including effects to flood storage and fish habitat and mitigation provided. (E) Maintain a record of all such information for public inspection. (2) Notify, in riverine situations, adjacent communities,the U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and any effected diking or drainage districts prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (3) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and within the same sub-basin so carrying capacity is not diminished. (4) Maintain the records of all appeal actions and report any variances, including the justification for their issuance, to the Federal Insurance Administrator upon request. (5) Notification to Other Entities (A) Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (B) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. Section 17, Arlington Municipal Code section 20.64.250 shall be and hereby is amended to read as follows: 20.64.250 - Variances from requirements. (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 lot of ORDINANCE NO. 2020-028 19 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1)-(11) in subsection (i), have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) The submittal, review and approval of a biological assessment; (3) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (4)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 existing local laws or ordinances. (f) 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 the flood elevations should be quite rare. (g) 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 (i)(1), and otherwise complies with Subsection 20.64.160(a) General standards), Subsection 20.64.170(2)(c), and Section 20.64.220 (Utility systems in floodways and floodplains). (h) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the structure permitted to be built with a lowest floor elevation below the base flood elevation will result in increased premium rates commensurate with the increased risk resulting from the reduced lowest floor elevation, and such construction below the base flood elevation increases risks to life and property. (i) In granting a variance, in addition to the findings of Section 20.20,030 (Variances), the decision-maker shall consider and make findings concerning all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and (including the degree to which the applicant proposes to mitigated impacts to) the following: (1) The danger that materials may be swept onto other lands to the injury of ORDINANCE NO. 2020-028 20 others; (2) The danger to life and property due to flooding or erosion damage; (3) The impact to ESA listed species and critical habitat; (4)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community; (6) The necessity to the facility of a waterfront location, where applicable; (7) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (8) The compatibility of the proposed use with existing and anticipated development; (9)The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (12) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (j) Upon consideration of the factors of subsection (b) and the purposes of this chapter, the decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to further the purposes of this chapter. Section 18. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 19. Emergency Declaration. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to protect public health, public safety, public property and/or the public peace. This ordinance shall become effective immediately upon passage. The City Clerk is directed to publish this ordinance at the earliest possible date. ORDINANCE NO. 2020-028 21 PASSED BY the City Council and APPROVED by the Mayor this 2nd day of November, 2020. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Wendy Van ar Meersche, City Clerk Approved as to form: Steve J. i e City Attorney ORDINANCE NO. 2020-028 22 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2020-028 was approved at the November 2, 2020 City Council meeting. ORDINANCE NO. 2020-028 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 20.64 RELATING TO FLOODPLAIN REGULATIONS AND DECLARING AN EMERGENCY" A true and correct copy of the original ordinance is attached. Dated this 2nd day of November, 2020. �4 It Wendy Va er Meersche City Clerk for the City of Arlington