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ORDINANCE NO. 7
AN ORDINANCE of the City of Kent,
Washington, relating to Flood Hazard Regula-
tions; amending Chapter 14.22 Kent City Code
(Ordinance 2282, as last amended by Ordinance
2293) to clarify that all building and develop-
ment within Green River Flood Control Zone No.
2 shall comply with the State Flood Control
Act, and to delete provisions for variances
from Flood Hazard Regulations; -all in conform-
ance with State Department of Ecology delega-
tion of State Flood Control Zone permit program
to the City of Kent.
THE CITY OF KENT DOES ORDINANCE AS FOLLOWS:
Section 1. Chapter 14.22 Kent City Code (Ordinance 2282,
as last amended by Ordinance 2293) is amended as follows:
14.22.0((4))10. 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 expenditures 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.
14.22.0((8))20. PURPOSE. It is the purpose of this
Chapter 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;
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;
H. Ensure that those who occupy flood hazard areas
assume responsibility for their actions;
I. Qualify the City of Rent and existing homes and
businesses for participation in the Federal Flood Insurance
Program; and
J. Implement local, State and Federal flood
protection programs.
14.22.((-1-2))030. POLICIES AND STANDARDS FOR REDUCING
FLOOD LOSSES. In order to accomplish its purposes,
includes policies and standards to:
this Chapter
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;
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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 floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other
development which may increase flood damage; and,
E. Prevention or regulate the construction of
flood barriers which will unnaturally divert floodwaters or which
may increase flood hazards in other areas.
(0.2282, §3)
14.22.((-16&))040. DEFINITIONS. Unless specifically
defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common
usage and to give this Chapter its most reasonable application.
A. "Appeal" means to request for review of any
action pursuant to this Chapter or of the interpretation of any
provision of this Chapter by any City official.
B. "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.
C. "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
14.22.((20))050.
D. "City" means the City of Kent or the City
Council of Kent.
E. "Development' means any manmade change to
improved or unimproved real estate, including but not limited to
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buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations located within flood
hazard areas.
F. "Flood insurance study" means the official
report (Exhibit A) provided by the Federal Insurance Administra-
tion that includes flood profiles, the Flood Boundary and Floodway
Map, Flood Insurance Rate Map, and the water surface elevation of
the base flood.
G. "Floodplain" 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.
H. "Flood season" means the period from November 1
to March 31 during which, historically, the frequency, distribu-
tion and volume (inches of rainfall) of storms in the Green River
Basin have been the largest and all known major floods have
occurred.
I. "Floodway" means the regular channel plus that
portion of the floodplain 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
14.22.((26))050.
J. "Habitable floor" means any floor usable for
living purposes, which includes working, sleeping, eating, cooking
or recreation, or a combination thereof. A floor used exclusively
for storage purposes is not a "habitable floor."
K. "Mobile home" means a structure that is trans-
portable 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 habita-
tion. It does not include recreational vehicles or travel
trailers.
L. "Director" means the Director of the Department
of Public Works.
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M. "Existing mobile home park or mobile home sub-
divison" 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 the ordinance codified in
this Chapter.
N. "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).
0. "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;
and/or
2. The unusual and rapid accumulation of
runoff of surface water from any source.
P. "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 indi-
cated on the accompanying flood hazard area maps.
Q. "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.
R. "New construction" means structures for which
the "start of construction" commenced on or about the effective
date of the ordinance codified in this Chapter.
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S. "New mobile home park or mobile home subdivi-
sion" means a parcel (or continguos 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 the ordinance
codified in this Chapter.
T. "Start of construction" means the first place-
ment of permanent construction on a site. 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.
U. "Structure" means a walled and roofed building
or mobile home that is principally above ground.
V. "Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty percent of the appraised fair market value
of the structure either:
1. a. Before the improvement or repair is
started; or
((-2)) b. If the structure has been damaged and
is being restored, before the damage occurred. For the purposes
of this definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure.
2. The term does not, however, include either:
((-I)) 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
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((+2-+)) b. Any alteration of a structure listed
on the National Register of Historic Places or a recognized state
or local inventory of historic places.
((W."8a�}aeee--x�eaes-a-s��as�-ef-�e�4e�-��eFa-the
�eq���ex�es�s-s�-�h}s-end}eaeee-wh�e�-ge��a��s-eses���te�}es-tee-a
�aasee�-�ha�-wee4d-e��e�w4se-be-g�eh4b��ed-by-��4s-Ehap�e�.))
14.22.((33))050. AUTHORITY. The City of Kent, through
the Public Works Department, shall consider and interpret informa-
tion 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.
14.22.( (.24))060. 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 Chapter
by adoption by the City Council. Copies of the maps shall be
maintained for inspection by the public in the Public Works
Department.
l4.22.((-2&))070. INFORMATION TO BE OBTAINED AND MAIN-
TAINED. 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 the structure contains a basement. This informa-
tion shall be maintained by the Building Department.
14.22.((3-2))080. FLOODWAYS. Within areas designated as
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;
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2. Any structure, excavation, landfill or
grading which would cause water to be diverted from the estab-
lished floodway, cause erosion, obstruct the natural flow of
water, increase the potential for turbidity or pollution, materi-
ally reduce the carrying capacity of the floodway, or raise the
elevation of the one -hundred -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 subsection A of this Section may
be permitted, when permitted in the underlying zoning classifica-
tion 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
14.22.((48))100 and 14.22.((44))110 without any 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.
14.22.((36))090. FLOODWAY FRINGE. Within areas desig-
nated 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 one foot) of the
surrounding or upstream floodway, or
2. Pollute or contribute materially to the
turbidity of floodwater at the base flood stage;
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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 14.22.((49))100 and
14.22.((44))110; 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.
14.22.((4$))100. 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 floodwaters; 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
floodwaters into the system;
2. New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of 11
floodwaters into the systems and discharge from the systems into
floodwaters; and
prohibited.
3. On-site waste disposal systems aTe
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D. All subdivision proposals shall:
1. Be consistent with the need to minimize
flood damge;
2. Have public utilities and facilities such
as sewer, gas, electrical and water systems located and
constructed to minimize flood damage; and
3. Have adequate drainage provided to reduce
exposure to flood damage.
14.22.((44))110. 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 elevation.
B. New construction and substantial improvement of
any commercial, industrial or other nonresidential 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:
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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 require-
ments 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
fifty 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 fifty feet long requiring four
additional ties per side;
C. All components of the anchoring
system be capable of carrying a force of four thousand eight
hundred pounds; and
d. Any additions to the mobile home be
similarly anchored.
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
fifty percent of value of the streets, utilities and pads before
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.
[New Section.] 14.22.120. GREEN RIVER FLOOD CONTROL
ZONE NO. 2. All building and development within the boundaries of
the Green River Flood Control Zone No. 2 shall comply with all
provisions of chapters 86.16 RCW and 508-60 WAC, the State Flood
Control Zone Act and permit program regulations.
14.22.((48))130. 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 Department 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.
14.22.((§0 )140. PROCEDURAL REQUIREMENTS.
A. 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 depart-
ment for approval. If it can be determined 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 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
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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, development 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.
B. 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.
C. 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 water-
course, adequate flood -carrying capacity shall be maintained.
[Delete entire Section] ((14.22.56. VARI NGES. T
NXR r 1 a n e— g4- wee a 4-1—
_s- ferth inubseet-i en D;r-,^-f this ^eeti_en have been fou*d—to
e s -t aid -the E �i tem 4 4-- 4P �� } n -s sc-t `Ne f �'^
have-vbeel. dereel;—preTUTided, that anyyartanee--granted- shall�7e
s-ub-j-eet—t-o—s trek—e e -rd -_'t --a s�w-ill a s s u; -e f h -a t the vari a n ce
-tk�s -e i a 11 the iced shall yet— to a ra of -r--al
priaileg-e—i rc e n s -tent with the lifftita L i e n s Uge•n- the=�-r-or
e -th a A; i� i e i fz—i n wh i e h s ubj eet-pr--epet y rtes i t -eta t -eel . The
^--^ha,1 apply te- vaLAaeees-free^ r
r r
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-este-etheF lands te- the --injury e€ ether;
the--pEepesed facility be the eu*i-t-y;
�. Mho auailabi lity of alter-eative �oeatleas,
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are -;
14.22.((6-9))150. APPEALS. The decision of the Depart-
ment 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 appeal for the decision of the Department of Public Works
to approve or deny proposals within a flood hazard area:
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A. Written notice of appeal shall be filed with
the Department of Public Works within ten (10) days from the date
of the decision which aggrieves the appealing party. A fee of
twenty-five dollars shall be paid at the time of filing the
written appeal. The appeal will not be accepted unless accom-
panied by full payment.
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 days from the closing date of the hearing.
D. At least seven days before the appeal hearing,
the Department of Public Works will provide the Examiner, the
appellant, and any other person expressing 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 ((8eeb}ee-14-2-56{£+))1
this chapter and applicable State regulations.
F. The Hearing Examiner shall prepare a written
report and decision containing findings and conclusions 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)) fourteen (14)
calendar days from the date of the Hearing Examiner's decision, an
aggrieved party obtains a writ of certiorari from Ring County
Superior Court for the purpose of review of the action taken.
Section 2. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivisions, section or portion of this
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ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 3. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
I ABEL HOGAN, MAY
ATTEST:
BETTY RAY, D UTY CITY CLERK
APPROVED AS TO FORM:
P. STEPHEN DiJULIO, CITY ATTORNEY
PASSED the day of 7 w , 1983.
APPROVED the day of . �,% �� 1983.
PUBLISHED the %,/'40day of �V/g,��.,n/� , 1983 .
I hereby certify that this is a true copy of Ordinance
No. cif 41,5 7 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereof
indicated.
9691-182A
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aK&,V' (SEAL)
-, DEPUT CITY CLERK