HomeMy WebLinkAbout3909ORDINANCE NO. ?"'.7
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
14.09, of the Kent City Code, entitled "Flood
Hazard Regulations," in order to revise the
floodplain management and compliance provisions
and make them consistent with state and federal
regulations.
RECITALS
A. The City of Kent's flood hazard regulations are in Chapter
14.09 of the Kent City Code. The City's regulations must comply with the
Federal Emergency Management Agency (FEMA) Community Rating
System (CRS) Program. These amendments to 14.09 bring the City into
compliance.
B. These amendments are also based on new hydraulic and
hydrologic data available from FEMA, in the form of a preliminary Flood
Insurance Rate Map (FIRM) and the King County river and Floodplain
Management Unit hydraulic modeling in review of the preliminary FIRM.
The City's flood management policies invoke the need for continued review
and update to ensure that public health, safety and general welfare are
protected from flood conditions.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 14.09.010 of the Kent City
Code, entitled "Definitions," is amended as follows:
Sec. 14.09.010. Definitions. The following words, terms and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one (1) to three (3) feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
C. Area of special flood hazard means the land within the floodplain
which is subject to a one (1) percent or greater chance of flooding in any
given year.
D. Base flood means the flood having a one (1) percent chance of
being equaled or exceeded in any given year, also referred to as the one
hundred (100) year flood.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
E. 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 other qualified person or agency as described
in this chapter.
F. Basement means any area of the building having its floor subgrade
below ground level on all sides.
G. Best Available Data means 1) the data provided by the Federal
Emergency Management Agency in a scientific and engineering report
entitled Flood Insurance Study for King County. Washington and
Incorporated Areas, dated June 16, 1995, with accompanying flood
insurance maps and any subsequent revisions thereto, or 2-b) hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice and in accordance with FEMA standards contained in 44 C.F.R.
Part 65.
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited
to; schools, nursing homes, hospitals, police, fire, and emergency
response installations; and public and private facilities which produce, use,
or store hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within flood hazard areas and other site
preparation activities, or storage of materials or equipment.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
f J Director means the director of the department of public works of the
city.
K. Fill means deposition of earth material by artificial means.
L. 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
water from any source.
M. Flood insurance rate map (FIRM) means the official map on which
the federal flood insurance administration has delineated both the special
flood hazard areas and the risk premium zones applicable to the
community.
N. Flood insurance study means the official report provided by the
Federal Insurance Administration that includes flood profiles, the flood
boundary and floodway map, flood insurance rate map, and the water
surface elevation of the base flood.
0. Flood Protection elevation means that the finished floor of au
structure must be a minimum of 2 feet above the base flood elevation.
P. Flood season means the period from November 1st to March 31st
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.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
Q Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
R. 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 one (1) foot.
S. Floodway fringe means that portion of a floodplain which is not
floodway.
T. 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 such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, transportable in one (1) or
more sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other similar vehicles.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two (2) or more manufactured
home lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a structure or access _road then an equal amount of
soil material will be removed from the site. Fill _must be obtained from the
same site to the extent practicable. The soil removed must be from within
the boundaries of the site, to the extent practicable, and from with the
special flood hazard area. If not practical, soil could be removed from
property in the immediate vicinity and within the special flood hazard
area.
X. New construction means structures for which the "start of
construction" commenced on or after the effective date of the ordinance
codified in this chapter.
Y. "Recreational Vehicle" means a vehicle, which is:
1. Built on a single chassis;
Z. 400 square feet or less when measured at the largest
horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck: and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Z. Special flood hazard area means those land and water areas
identified by the Federal Insurance Administration in a report entitled The
Flood Insurance Study for King County, Washington and Incorporated
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
Areas, dated September 30, 1989, with accompanying pages on file with
King County or the department of public works of the city.
AA. Start of construction includes substantial improvement, and means
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include submission of an application for
development, land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
BB. Structure means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the appraised fair market value of the
structure either:
1. Before the improvement or repair is started; or
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
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
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.
SECTION 2. - Amendment. Section 14.09.060, entitled "Basis for
establishing the areas of special flood hazard," of the Kent City Code is
amended as follows:
Sec. 14.09.060. Basis for establishing the areas of special
flood hazard. The basis for establishing the area of special flood hazard
is tThe areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled Flood
Insurance Study for King County, Washington and Incorporated Areas,
dated June 16, 1995, with accompanying flood insurance maps and any
subsequent revisions thereto (the "flood insurance study"), which is hereby
adopted by reference and declared to be a part of this chapter as if stated
verbatim; or the use of best available data as defined in this chapter. The
flood insurance study is on file and available for examination at the office
of the department of public works.
SECTION 3. - Amendment. Section 14.09.150, entitled
"Designation of local administrator," is amended as follows:
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
Sec. 14.09.150. Designation of local administrator. The
public works director or his/her designee is hereby appointed to administer
and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
Duties of the administrator shall include, but not be limited to:
A. Permit review.
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
2. Review all permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
3. Review all permits to determine if the proposed development is
located within a floodway If proposed development is located within a
floodway, ensure that KCC 14.09. 180 is enforced.
B. Use of other base flood data (in A and V zones).
1. When base flood elevation data has not been provided (A and
V zones) in accordance with KCC 14.09.060, the public works director or
his/her designee shall obtain, review and reasonably utilize any best
available data, base flood elevation and floodway data available from a
federal, state or other source to administer this title.
C. Information to be obtained and maintained.
1. Where base flood elevation data is provided through the flood
insurance study, FIRM, or required as in KCC 14.09.140, 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.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through the flood insurance
study, FIRM, or as required in KCC 14.09.140:
a. Obtain and record the elevation (in relation to mean
sea level) to which the structure was floodproofed; and
b. Maintain floodproofing certifications required pursuant
to this chapter.
3. e --Maintain for public inspection all records pertaining to
the provisions of this chapter.
D. Alteration of watercourses.
1. Notify adjacent communities and the Department of Ecology
prior to any alteration or relocation of a watercourse, submit evidence of
such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is
not diminished.
E. Interpretations of FIRM boundaries. Make interpretations where
needed, as to exact location of boundaries of the areas of special flood
hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the
location of the actual boundary shall be given reasonable opportunity to
appeal the interpretation as provided for in KCC 14.09.210.
SECTION 4. - Amendment. Section 14.09.170, entitled "Specific
standards," is amended as follows:
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
Sec. 14.09.170. Specific standards. In all areas of special flood
hazards where base flood elevation data has been provided as set forth in
KCC 14.09.060 or 14.09.140, 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 to the flood
protection elevation.
b. Fully enclosed areas below the lowest floor that are
subject to flooding are prohibited, or 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 (2) openings having a total
net area of not less than one (1) square inch for every square foot of
enclosed areas subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher
than one (1) 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
mento the flood protection elevation; or, together with attendant
utility and sanitary facilities, shall:
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
a. Be floodproofed se that belew one (I) feet abeve the
base fleed to the flood protection elevation so that the structure is
watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
C. Be certified by a registered professional engineer or
architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural
design, specifications and plans. Such certifications shall be provided to
the official as set forth in KCC 14.09.150(C)(2);
d. Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space below the lowest
floor as described in subsection (1)(b) of this section;
e. Applicants floodproofing nonresidential buildings shall
be notified that flood insurance premiums will be based on rates that are
one (1) foot below the floodproofed level (e.g., a building floodproofed to
one (1) foot above the base flood level will be rated as at the base flood
level).
3. Critical facility. Construction of new critical facilities shall be,
to the extent possible, located outside the limits of the base floodplain.
Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated
to three (3) feet or more above the level of the base flood elevation at the
site. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
4. Manufactured homes. All manufactured homes to be placed
or substantially improved within zones Al - 30, AH, and AE on the
community's FIRM shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home
the base e}ev-ationis at the flood protection elevation; and be
securely anchored to an adequately anchored foundation system in
accordance with the provisions of KCC 14.09.160 (1)(b).
S. Recreational vehicles. Recreational vehicles placed on sites
are required to meet all applicable provisions of the Kent City Code. If
allowed by code, recreational vehicles are required to either:
a. Be onsite for fewer than one hundred eighty (180)
days;
b. Be fully licensed and ready for highway use, on its
wheels or jacking system, attached to the site only by quick disconnect
type utilities and security devices, and have no permanently attached
additions; or
C. Meet the requirements of KCC 14.09.160(1) and the
elevation and anchoring requirements for manufactured homes.
6. Drainage around structures. Adequate drainage paths are
required around structures on slopes to guide waters around and away
from proposed structures.
SECTION 5. - Amendment. Chapter 14.09 of the Kent City Code,
regarding Flood Hazard Regulations is amended to add a new section
14.09.175, entitled "Compensatory Storage," as follows:
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
Sec. 14.09.175. Compensatory storage. There is hereby
established a "Compensatory Storage" section as follows:
A. Except as provided in subsection (B) of this section, within the
floodplain of the areas of special flood hazard, the following provisions
apply:
1. Applicants shall provide onsite replacement of 100% of the
storage area lost to encroachments so that there is no increase in flood
levels during the occurrence of the base flood discharge. Encroachments
include fill, new construction, substantial improvements, and other
development. No net fill in the floodway fringe shall be allowed.
2. If an applicant seeks to provide off site replacement of 100%
of the storage area lost to encroachments so that there is no increase in
flood levels during the occurrence of base flood discharge, the applicant
must submit certification by a registered professional engineer or architect
demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge, and the offsite
replacement location must be located within the same watershed that the
encroachment is occurring.
3. If subsection (1) or (2) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
B. Within the lower Mill Creek floodplain delineated on the Flood
Insurance Rate Map Panels 969, 1232, and 1251 as a floodway:
1. Applicants shall provide onsite replacement of 100% of the
storage area lost to encroachments so that there is no increase in flood
levels during the occurrence of the base flood discharge. An alternative is
to construct such that no net fill is placed on site.
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
2. If an applicant seeks to provide off site replacement of 10011/b
of the storage area lost to encroachments so that there is no increase in
flood levels during the occurrence of base flood discharge, the applicant
must submit certification by a registered professional engineer or architect
demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge, and the offsite
replacement location must be located within the same watershed that the
encroachment is occurring.
3. If subsection (1) or (2) of this section is satisfied, all
residential construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of KCC 14.09.170
SECTION 6. - Section 14.09.180 entitled "Floodways," is amended
as follows:
Sec. 14.09.180. Floodways. Within the floodway of the areas of
special flood hazard, the following provisions apply:
1. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless certification by a
registered professional engineer or architect is provided demonstrating
through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is
prohibited within designated floodways, except for: repairs,
reconstruction, or improvements to a structure which do not increase the
ground floor area; and repairs, reconstruction, or improvements to a
structure, the cost of which does not exceed fifty (50) percent of the
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
market value of the structure either before the repair, reconstruction, or
repair is started, or if the structure has been damaged, and is being
restored, before the damage occurred. Work done on structures to comply
with existing health, sanitary, or safety codes or to structures identified as
historic places shall not be included in the fifty (50) percent determination.
3. If subsection (1) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of KCC 14.09.170.
SECTION 7. - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from passage as provided by law.
ATTEST:
BRENDA JACOBER, CLERK
APPROVED AS TO FORM:
T BRUB KER, CITY ATTORNEY
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Flood Hazard Regulations
Amend Ch. 14.09 KCC
PASSED: — day of, 2009.
APPROVED: ~3 day of �, 2009.
PUBLISHED: �_ day of , 2009•
I hereby certify that this is a true copy of Ordinance No. .370 �
passed by the city council of the city of Kent, Washington, and approved
by the mayor of the city of Kent as hereon indicated.
P1Civdlordinance\FloodHazardRegulahons1409 do=
(SEAL)
BRENDA JACOB9, CITY CLERK
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Flood Hazard Regulations
Amend Ch. 14.09 KCC