HomeMy WebLinkAbout2282Ordinance No. 2282
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
CFN=119 — Flood Control & Watershed Control
Passed — 3/16/1981
Defining flood hazard areas — define the limits of the floodway and floodway fringe
Amended by Ord. 3746 (Sec. 14.09.040)
ORDINANCE NO.
AN ORDINANCE relating to flood hazard, defining
flood hazard areas, giving authority to define
the limits of the floodway and floodway fringe,
(� prescribing land use regulations within flood
hazard areas.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENT:
Section 1. Findings. The Council of the City of Kent
finds that:
A. The flood hazard areas of Kent are subject to
periodic inundation which endangers life and
property, presents health and safety hazards,
disrupts commerce and governmental services,
and necessitates extraordinary public expendi-
tures for flood protection and relief, all of
which adversely affect the public health, safety
and general welfare, and
B. These flood losses are caused by the natural
accumulation and ponding of floodwaters and
the cumulative effect of obstructions
in flood hazard areas which increase flood
heights and velocities. Uses inadequately
floodproofed, elevated or protected from flood
damage or that otherwise encroach on the natural
holding capacity of the floodplain also
contribute to the flood loss.
Section 2. Purpose. It is the purpose of this ordinance to
promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions
in specific areas by enacting provisions designed to:
A. Protect life and property by preventing the
hazardous use of flood -prone lands;
B. Protect downstream or surrounding property
from higher velocities or higher flood levels
which may be caused by loss of holding capacity
in the floodplain;
C. Minimize turbidity and pollution from upstream
or surrounding development during a flood;
D. Minimize the expenditure of public money for
remedial flood control measures;
E. "Minimize the need for rescue and relief efforts
associated with flooding which are generally
undertaken at the expense of the general public;
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F. Minimize damage to public facilities and
utilities such as water and gas mains,
electric, telephone and sewer lines,
streets and bridges located in flood hazard
areas;
G. Alert appraisers, assessors, owners, potential
buyers, and lessees to the natural limitations
of flood -prone land;
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H. Ensure that those who occupy flood hazard
areas assume responsibility for their actions;
I. Qualify the City of Kent and existing homes
and businesses for participation in the Federal
Flood Insurance Program; and
J. Implement local, State and Federal flood
protection programs.
Sert;on 3. Policies and Standards for Reducing Flood Losses.
In order to accomplish its purposes, this ordinance includes
policies and standards to:
A. Restrict or prohibit uses which are dangerous
to health, safety, and property due to water or
erosion hazards, or which result in damaging
increases in erosion, flood heights or velocities;
B. Require that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial ,
construction;
C. Control the alteration of natural flood plains,
stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other
development which may increase flood damage; and,
E. Prevent or regulate the construction of flood
barriers which will unnaturally divert flood waters
or which may increase flood hazards in other areas.
Section 4. Definitions. Unless specifically defined below,
words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to
give this ordinance its most reasonable application.
"APPEAL" means a request for review of any action pursuant to
this Ordinance or of the interpretation of any provision of this
Ordinance by any City official.
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"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".
"BASE FLOOD ELEVATION" means the actual elevation (in mean sea
level) of the water surface of the base flood determined by
the Federal Flood Insurance Administration or any other qualified
person or agency described in Section 5 of this ordinance.
"CITY" means the City of Kent or the City Council of Kent.
"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 flood hazard areas.
"DIRECTOR" means the Director of the Department of Public Works. ,
"EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means
a parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is
to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed before the
effective date of this ordinance.
"EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION"
means the preparation of additional sites by the construction
of facilities for servicing the lots on which the mobile homes
are to be affixed (including the installation of utilities,
either final site grading or pouring of concrete pads, or the
construction of streets).
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"FLOOD" OR "FLOODING" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters and/or
B. The unusual and rapid accumulation of runoff
of surface water from any source.
"FLOOD HAZARD AREA" means the area within the floodplain consisting
of the floodway, floodway fringe and any adjacent land which has
been included within the boundary indicated on the accompanying
flood hazard area maps.
"FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which
the Federal Flood Insurance Administration has delineated both
the flood hazard areas and the risk premium zones applicable to
the community.
"FLOOD INSURANCE STUDY" means the official report (Exhibit A)
provided by the Federal Insurance Administration that includes
flood profiles, the Flood Boundary and Floodway Map, Flood it
Insurance Rate Map, and the water surface elevation of the base flood.
"FLOOD PLAIN" means that portion of a river or stream channel and
adjacent lands consisting of the floodway and floodway fringe
which are subject to the base flood.
"FLOOD SEASON" means the period from November 1 to March 31 during
which, historically, the frequency, distribution and volume (inches
of rainfall) of storms in the Green River Basin have been the
largest and all known major floods have occurred.
"FLOODWAY" means the regular channel plus that portion of the
flood plain which has been defined as floodway and delineated on
maps by the Federal Insurance Administration or by any qualified
person or agency described in Section S of this ordinance.
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"FLOODWAY FRINGE" means that portion of a floodplain which is not
floodway.
"HABITABLE FLOOR" means any floor usable for living purposes,
which includes working, sleeping, eating, Cooking or recreation,
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or a combination thereof. A floor used exclusively for storage
purposes is not a "habitable floor".
"MOBILE HOME" means a structure that is transportable in one or
more sections, built on a permanent chassis, designed to be used
with or without a permanent foundation when connected to the
required utilities and intended for human habitation. It does
not include recreational vehicles or travel trailers.
"NEW CONSTRUCTION" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
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"NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot (including, at a minimum, filling,
the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
begun on or after the effective date of this ordinance.
"START OF CONSTRUCTION" means the first placement of permanent
n" q cite_ Permanent construction includes land
preparation, such as clearing, grading and filling, the installation
of streets, walkways, and utilities, excavation for a basement,
footings, piers or foundations, the pouring of slabs or footings,
the first permanent framing or assembly of a structure or any part
thereof on its piling or foundation or any other work beyond the
stage of excavation.
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"STRUCTURE" means a walled and roofed building or mobile home that
is principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
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SO percent of the appraised fair market value of the structure
either:
A. before the improvement or repair is started, or
B. if the structure has been damaged and is being
restored, before the damage occurred. For the
purposes of this definition "substantial improve-
ment" 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:
A. any project for improvement of a structure to
comply with existing state or local health,
sanitary, or safety code specifications which are
necessary solely to assure safe living conditions,
or
B. any alteration of a structure listed on the ,
National Register of Historic Places or a
recognized state or local inventory of historic
places.
"VARIANCE" means a grant of relief from the requirements of this
ordinance which permits construction in a manner that would otherwise
be prohibited by this ordinance.
Section S. Authority• The City of Kent, through the Public
Works Department, shall consider and interpret information
produced by the Army Corps of Engineers, Soil Conservation
Service, Department of Housing and Urban Development or any
other qualified person or agency to determine the location of
flood plains, floodways or floodway fringes.
Section 6. Maps Shall be Adopted. Flood hazard areas shall be
shown and defined on City floodway (flood boundary and floodway
map) maps which shall become a part of this title by adoption
by the City Council. Copies of the maps shall be maintained for
inspection by the public in the Public Works Department.
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Section 7. Information to be Obtained and Maintained. The City
will obtain from the applicant, and maintain a record of, the
actual elevation (in relation to mean sea level) of the lowest
habitable floor (including basement) of all new or substantially
improved structures within a Flood Hazard Area and whether or not
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the structure contains a basement. This information shall be
maintained by the Building Department.
Section 8, Floodways. Within areas designated a� floodways,
the following provisions shall apply:
A. The following shall not be permitted in a
known floodway:
1. Any permanent building or structure
designed to be used year-round for human
habitation, commerce, employment or
public assembly;
2. Any structure, excavation, landfill or
grading which would cause water to be
diverted from the established floodway,
cause erosion, obstruct the natural flow
of water, increase the potential for
turbidity or pollution, materially reduce ,
the carrying capacity of the floodway, or
raise the elevation (greater than 1 foot
in the floodway) of the 100 -year flood;
3. During the flood season, the construction
or storage of any object or material which
would be subject to flotation and movement;
B. Any development or substantial improvement which
satisfies the provisions of Section 8(A) may
be permitted, when permitted in the underlying
zoning classification provided that all permanent
or year-round buildings are either located
outside the floodway or, if located in the flood -
way, can be flood -proofed according to the
provisions of Sections 10 and 11 with negligible
obstruction, diversion and loss of carrying
capacity.
C. Dwellings, and structures or buildings relating
to commerce, employment or public assembly which
are seasonal in nature and either mobile or readily
disassembled; and are removed from the floodway
during the flood season may be permitted when
permitted in the underlying zoning classification.
D. Except during the flood season, the storage of
equipment, machinery and building materials may
be permitted when permitted in the underlying
zoning classification.
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Section 9. Floodway Fringe. Within areas designated as floodway
fringe, the following shall not be permitted:
A. Any structure, development, landfill or grading
which, if generally permitted would:
1. reduce significantly the natural holding
capacity or raise the elevation (greater
than 1 foot) of the surrounding or upstream
Flo& way; or
2. pollute or contribute materially to the
turbidity of flood water at the base flood
stage;
B. Any permanent structure which is not fully
protected from water damage at the base flood
level or not constructed with materials and
in a manner to minimize flood damage as specified
in Sections 10 and 11: PROVIDED that structures,
developments, grading and landfill permitted
in the floodway may be permitted in the floodway
fringe, except that seasonal restrictions may
be reduced.
Section 10. General Standards for Flood Hazard Protection. In
all flood hazard areas. the following general standards for flood
hazard protection shall apply:
A. All new construction and substantial improve-
ments shall be anchored to prevent flotation,
collapse or lateral movement of the structure;
B. All new construction and substantial improve-
ments shall be constructed:
1. with materials and utility equipment
resistant to damage by flood waters; and
2. using methods and practices that minimize
flood damage.
C. Utilities shall be designed and installed under
the following provisions:
1. All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system;
2. Now and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
and discharge from the systems into flood
waters; and
3. On-site waste disposal systems are prohibited.
D. All subdivision proposals shall:
1. Be consistent with the need to minimize flood
damage;
2. Have public utilities and facilities such
as sewer, gas, electrical and water systems
located and constructed to minimize Mood
damage; and
3. Have adequate drainage provided to reduce
exposure to :flood damage.
Section 11. Specific Standards for Flood Hazard Protection. In
all areas of flood hazard, the following specific standards for
flood hazard protection shall apply:
A. New construction and substantial improvement
of any residential structure shall have the
lowest floor, including basement, elevated to
or above the base flood 4evation.
B. New construction and substantial improvement of
any commercial, industrial or other non-residential
structure shall either have the lowest floor,
including basement, elevated to the level of
the base flood elevation; or, together with
attendant utility and sanitary facilities,
shall:
1. Be floodproofed so that below the base
flood level the structure is watertight
with walls substantially impermeable to
the passage of water;
2. Have structural components capable of
resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
3. Be certified by a registered professional
engineer that the standards of this subsection
are satisfied.
C. Mobile homes shall be protected from flood hazards
under the following provisions:
1. All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by
providing over -the -top and frame ties to
ground anchors. Specific requirements
shall be that:
a. Over -the -top ties be provided at each of
the four corners of the mobile home,
with two additional ties per side at
intermediate locations, with mobile homes
less than SO feet long requiring one
additional tie per side;
b. Frame ties be provided at each corner
of the home with five additional ties
per side at intermediate points, with
mobile homes less than 50 feet long
requiring four additional ties per side;
c. All components of the anchoring system
be capable of carrying a force of 4,800
pounds; and,
d. Any additions to the mobile home be
similarly anchored.
Section 12.
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2. For new mobile home parks and mobile home
subdivisions; for expansions to existing mobile
home parks and mobile home subdivisions; for
existing mobile home parks and mobile home
subdivisions where the repair, reconstruction
or improvement of the streets, utilities
and pads equals or exceeds 50 percent of value
of the streets, utilities and pads before the
the repair, reconstruction or improvement
has commenced; and for new mobile homes not
placed in a mobile home park or mobile home
subdivision, require that:
a. Stands or lots are elevated on compacted
fill or on pilings so that the lowest
floor of the mobile home will be at or
above the base flood level;
b. Adequate surface drainage and access for
a hauler are provided; and,
C. In the instance of elevation on pilings,
that: lots are large enough to permit
steps, piling foundations are placed in
stable soil no more than ten feet apart,
and reinforcement is provided for
pilings more than six feet above the
ground level.
Permits and Licenses - Approval Required. No permit
or license for structures or the development or use of land shall
be issued by the City within a flood hazard area unless approved ,
by the Department of Public Works. Such approval shall be based
on a review of the provisions set forth in this chapter and the
technical findings and recommendations of City departments including,
but not limited to Building, Fire and Planning Departments.
Compliance with the provisions of this chapter does not obviate
the need to obtain other permits which may be required pursuant
to state or federal law including approvals required from the
Washington State Departments of Social and Health Services and/or
Ecology relating to water and/or sewer systems which ensure that
water and sewer systems will be designed to avoid infiltration,
inflow or impairment.
Section 13. Procedural Requirements. City permits or licenses
which relate to the development and use of land within a flood
hazard area shall be referred to the Department of Public Works
by the issuing department for approval. If it can be determined
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from information at hand that the property does not lie in a flood
hazard area, the department may approve the permit or license
directly. If it appears that the property may lie in the floodway
or floodway fringe, the Department of Public Works shall require
its owner to submit information necessary to determine if in
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fact the property lies within the floodway or floodway fringe.
If it is determined that the property lies within the floodway or
floodway fringe, the applicant shall be required by the Department
of Public Works to submit such surveys, plans and supporting
documents as are necessary to determine the applicability of City
regulations to the proposed structure, development or use. The
Department of Public Works shall consider not only the individual.
structure, development or use, but shall also consider it in
combination with existing and future similar structures, develop-
ments and uses. Whenever technical information is furnished to
the City by an applicant, the City shall consider such report
in acting upon the requested permit.
The Director or his(her) designate shall, within a reasonable
time, indicate approval or disapproval of the requested permit
or license; and if approved, the conditions of approval, in a
letter to the issuing department, with copies to the applicant,
commenting department, other agencies, and other known parties of
interest,
Whenever any alteration or relocation of any watercourse is
proposed, the Department of Public Works shall notify adjacent
communities prior to such relocation or alteration and submit such
notifications to the Federal Emergency Management Agency. Within
the altered or relocated portions of a watercourse, adequate flood
carrying capacity shall be maintained.
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Section 14. Variances. The Director or his/her designate shall
have the authority to grant a variance from the provisions of this
title when the conditions set forth in Section 14(D) have been
found to exist and the criteria set forth in Section 14(E) have
been considered; PROVIDED, that any variance granted shall be
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subject to such conditions as will assure that the variance
thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties
in the vicinity in which subject property is situated. 'The
following provisions shall apply to variances from the provisions
of this ordinance.
A. Variances may be issued for the reconstruction,.
rehabilitation or restoration of structures listed
on the National Register of Historic Places or-
a recognized state or local inventory of historic
places, without regard to the procedures set
forth in the remainder of this section.
B. Variances shall not be issued within any designated
floodway if any increase in flood levels during
the base flood discharge would result.
C. Variances shall only be issued upon a determinatiop
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. A determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and
2. A determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, the creation of
nuisances or conflict with existing local
laws or ordinances.
E. In reviewing applications for variances, the
Director or his/her designate shall consider all
technical evaluations, all relevant factors and
standards specified in other sections of this
ordinance, and:
1. The danger that materials may be swept onto
other lands to the injury of others;
2. The danger to life and property due to flooding
or erosion damage;
3. The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual owner;
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4. The importance of the services provided by
the proposed facility to the community;
5. The availability of alternative locations,
on the site for the proposed use which are
not subject to flooding or erosion damage;
6. The compatibility of the proposed use with
existifng and anticipated development;
7. The relationship of the proposed use to the
comprehensive plan and flood plain management
program for that area;
8. The safety of access to the property in times
of flood for ordinary and emergency vehicles;
V The expected heights, velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and
10. 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.
F. Upon consideration of the factors in Section 14F
and the purposes of this Ordinance, the Director
may attach such conditions to the granting of
variances as deemed necessary to further the
purposes of this Ordinance.
G. Any applicant to whom a variance is granted shall
be given written notice that the structure will.
be permitted to be built with exceptions to one
or more of the provisions of the Ordinance
and that the cost of flood insurance will be
commensurate with the increased risk resulting
from the granting of the variance.
H. The Department of Public Works shall maintain
the records of all variances and report them
to the Federal Insurance Administration upon
request.
Section 15. Appeals. The decision of the Department of Public
Works to approve or disapprove a permit or license in a Flood
Hazard area may be appealed to the Hearing Examiner. The requested
permit or license shall not be issued by a City department during
the appeal period. The following procedures apply to appeals for
the decision of the Department of Public Works to approve or
deny proposals within a Flood Hazard Area:
A. Written notice of appeal shall be filed with
the Department of Public. Works within ten days
from the date of the decision which aggrieves
the appealing party. A fee of $25.00 shall be
paid at the time of filing the written appeal.
The appeal will not be accepted unless accompanied
by full payment.
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B. All notices of appeal shall state in full the
decision appealed and the reasons why the appealed
decision should be reversed or modified.
C. All appeals so filed shall be heard by the.Hearing
Examiner and a determination by the Examiner
made within thirty (30) days from the closing
date of the hearing.
D. At least seven (7) days before the appeal hearing,
the Department of Public Works will provide the
Examiner, the appellant, and any other person ex-
pressing written interest in the application or
appeal a copy of the decision which is being
appealed.
E. In passing upon such applications, the Examiner
shall consider all technical evaluations, all
relevant factors and standards and the criteria
specified in Section 14(E).
F. The Hearing Examiner shall prepare a written
report and decision containing findings and con-
clusions which show how its decision implements
the purposes of this chapter and is consistent
with the criteria, standards, and limitations
of this chapter.
G. The decision of the Hearing Examiner shall be
final and conclusive unless, within twenty (20)
calendar days from the date of the Hearing
Examiner's decision, an aggrieved party obtains
a writ of certiorari from King County Superior
Couri for the purpose of review of the action
taken.
Section 16. Severability. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance.
Section 17. This Ordinance shall take effect and be in force
five (S) days from and after its passage, approval and publication
as provided by law.
ISABEL HO AN, MAY R
ATTEST:
MARIE JE ,CITV–C—L ERK
APPROVED AS TO FORA:
DONALD E. A1IRK, CITY ATTORNEY
PASSED the lip
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ATTEST: 15 --
day of
APPROVED the 17 day of
PUBLISHED the /V day of
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I hereby certify that this is a true copy of Ordinance
No. passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
as hereon indicated.
( S EA L)
MAR IlE JENSEN, CITY CLERK