HomeMy WebLinkAbout3959oRDTNANCE No. w
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ordinance
Nos. 3932 and 3933, to extend the waiver
provided by those ordinances of certain permitting
requirements for temporary structures constructed
for flood protection purposes due to the threat
posed by the diminished flood control capabilities
of the Howard Hanson Dam from July 1, 2010, to
July 1, 20LL.
RECITALS
A. On September 15, 2009, the Kent City Council adopted
Ordinance No. 3932 temporarily waiving certain permitting requirements
for temporary structures constructed for flood protection purposes due to
the threat posed by the diminished flood control capabilities of the Howard
Hanson Dam. Ordinance No. 3933 was adopted shortly thereafter to
further clarify when the permitting requirements for temporary flood
protection structures would be waived under Ordinance No, 3932.
B, Near the end of 2009, the U.S. Army Corps of Engineers
completed temporary repairs at the Howard Hanson Dam, which included
constructing a grout curtain along a damaged abutment. This temporary
L Amending Ordinance No, 3932
and Ordinance No, 3933 Re: Permitting of
Temporary Flood Protection Structures
fix has reduced the flood risk posed to property owners and citizens
located down-river of the dam.
C. The U.S. Army Corps of Engineers has obtained an
independent review of its plans for temporary and permanent repairs
needed at the Howard Hanson Dam, and the reviewing engineers have
concluded that the U.S. Army Corps of Engineers is taking the appropriate
steps to temporarily and permanently repair the dam in order to stop
water seepage through a damaged abutment. Most recently, the federal
government has designated $44 million in emergency funding for further
repairs at the Howard Hanson Dam that may include an extended grout
curtain or a concrete cutoff wall. The final plans are still in process.
D. Given the temporary repairs that have already been
constructed, and the additional repairs that will be constructed with the
designated funds, the flooding risk has continued to decrease. Once the
additional repairs are made to the Howard Hanson Dam with the use of the
designated funds, the risk of flood will be no greater than the risk of flood
that existed prior to the time the abutment problems were discovered.
E. Ordinance No. 3932, as amended by Ordinance No. 3933,
provided that property owners and tenants within the City of Kent could
install temporary flood protection structures without a permit, if those
structures were removed by July L, 20L0. If the structures were not
removed by that date, the ordinances provided that a permit for those
structures would need to be obtained. In order to address the needs of
the community in light of the continually changing flood threat as repairs
at the Howard Hanson Dam continue, the City Council wishes to extend the
permitting exemption by one additional year/ to July L,20LL.
2 Amending Ordinance No.3932
and Ordinance No, 3933 Re: Permitting of
Temporary Flood Protection Structu res
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
Ordinance No. 3932, as amended by Ordinance No. 3933, is
amended as follows:
SECTION 7, - Recitals Adopted as Findings. In addition to the
findings adopted by the Kent City Council in Ordinance Nos. 3932 and
3933, the City Council finds the additional recitals listed above to be true
and correct in all respects and adopts and incorporates them as its findings
for the purposes of this ordinance,_-ûftd-Ordinance No. 3933, and
Ordinance No. 3932. The City Council further finds that the threat of
flooding caused by the structural weaknesses in the Howard Hanson Dam
abutment constitutes a real and imminent emergency that poses a threat
to the health, safety, and welfare of the persons and property in and near
the Green River Valley. Even though the actual occurrence of flooding is
subject to weather-related events and is accordingly not capable of being
predicted with any accuracy at this time, and may in fact not occur at all,
the threat nevertheless remains real and imminent, and it is appropriate
and advisable to take appropriate steps to protect persons and property
now when time allows to provide protection in advance of any potential
flood.
SECTION 2, - Definitions. The following definitions apply to the
words and phrases used in this ordinance:
A. . "Temporary Flood Protection
Structure" means any sandbag, water-filled sack, earthen berm, concrete
block, or similar material, or any combination of these materials, placed or
installed within ten feet (10') of, or as close as is reasonably practicable to,
3 Amending Ordinance No, 3932
and Ordinance No. 3933 Re: Permitting of
Temporary Flood Protection Structures
the outside perimeter of any critical facility for the sole purpose of keeping
potential Green River floodwaters from invading the critical facility.
B. Critical Facility. "Critical Facility" includes the following:
1. Any permanent building primarily used as a business or
residence that is regularly staffed or is lived in on a daily basis;
2. Any structure used to store bulk fuel or bulk hazardous or
dangerous wastes;
3. Any structure or building owned or operated by a public entity
whose preservation is necessary for public safety purposes; and
4. Any building or other structure necessary for the ongoing
operation of any public or government franchised sewer, water,
stormwater, power, gês, or telecommunications utility.
Garages, sheds, or other outbuildings, parking areas, landscaping areas,
and other similar areas or structures are specifically excluded from this
definition.
SECTION 3, - Scope Purpose. & Applicability.
A. This is an unanticipated emergency that poses an imminent threat
to public health, safety, and the environment within the Green River Valley
that requires immediate action within a time too short to follow established
permit application and approval procedures.
B. The purpose of this ordinance is to provide property owners the
ability to protect life and property in advance of any flood, should one
occur, while making best efforts to control the placement of these
structures in a manner that attempts to maintain adequate protection for
flood storage, erosion and sedimentation control, and other environmental
and regulatory controls.
4 Amending Ordinance No, 3932
and Ordinance No. 3933 Re: Permitting of
Temporary Flood Protection Structu res
C. Temporary Flood Protection Structures placed or installed to protect
critical facilities located within the Green River Valley are exempt from the
City's permitting application and approval process for those structures if
the Temporary Flood Protection Structure is removed no later than July 1,
2€+e201:1. While the permitting procedural requirements for Temporary
Flood Protection Structures are waived, these structures must still comply
with the substantive requirements of all applicable federal, state, and local
regulations, specifically including, without limitation, the State
Environmental Policy Act, the Shoreline Master Program, the International
Building and Residential Codes, or other International and Uniform Codes,
the Kent Zoning Code, and the Kent Design and Construction Standards.
D. Temporary Flood Protection Structures must be both maintainable
and removable; structures subject to degradation, deterioration, abnormal
wear and tear, or damage (for example and without limitation, from
deficient design, inappropriate fabrics, ultraviolet light, or excessive
erosion from flood waters or flood debris) are not Temporary Flood
Protection Structures for the purposes of this ordinance.
E. All Temporary Flood Protection Structures must be removed and all
materials used to place or install the structures must be properly and
legally disposed of no later than July 1,20f 12e+O. Any Temporary Flood
Protection Structure that remains on site beyond July 1,20112€+O, will
automatically be deemed a permanent flood protection device, structure,
or installation, will automatically be deemed subject to this ordinance and
to all applicable regulatory and permitting requirements, and will
automatically be deemed in violation of this ordinance and the Kent City
Code for failure to obtain necessary permits and approvals, enforceable
under chapter 1.04 of the Kent City Code and subject to civil and criminal
penalties
5 Amending Ordinance No.3932
and Ordinance No, 3933 Re: Permitting of
Temporary Flood Protection Structu res
F. All flood protection structures that do not meet these requirements
for Temporary Flood Protection Structures must be properly permitted
under city, state, and federal regulatory requirements. However, because
this is an emergency and because the threat of flooding is imminent,
property owners who wish to construct flood protection structures other
than Temporary Flood Protection Structures may commence work
immediately, but the property owner must subsequently obtain all required
permits for that non-temporary structure no later than July L,20LLæ+Ð.
SECTION 4, - 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.
SECTTON 5.Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance/ including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection n u mbering.
SECTION 6. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage provided by law
COOKE, MAYOR
ATTEST:
6 Amending Ordinance No. 3932
and Ordinance No, 3933 Re;. Permitting of
Temporary Flood Protection Structures
RENDA JACOBER, C CLERK
APPROVED AS TO FORM:
t@
BRUBAK , CITY ATTORNEY
PASSED:day of June, 2010.
day of June, 2010.
day of June, 2010.
APPROVED:
PUBLISHED:
I hereby certify that this is a true copy orordinance No. Sf f l
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
SEAL)
BRENDA JACO CITY CLERK
P: \Clv¡l\Ord lnance\FloodProtectionMeasures-ExtendPermitDeadline.doc
7 Amending Ordinance No. 3932
and Ordinance No. 3933 Re: Permitting of
Tempora ry Flood Protection Structu res
STATE OF WASHINGTON, COUNTY OF KING }AFFIDAVIT OF PUBLICATIONPUBLIC NOTICELinda M Mills, being first duly sworn on oath that she is the LegalAdvertising Representative of theI(ent Reportera weekly newspaper, which newspaper is a legal newspaper ofgeneral circulation and is now and has been for more than six monthsprior to the date of publication hereinafter referred to, published inthe English language continuously as a weekly newspaper in KingCounty, Washington. The Kent Reporter has been approved asa Legal Newspaper by order of the Superior Court of the State ofWashington for King County.The notice in the exact form annexed was published in regularissues of the Kent Reporter (and not in supplement form) which wasregularly distributed to its subscribers during the below,stated period.The annexed notice, a:Public Noticewas published on June 4, 2010The full amount of the fee charged for said foregoing publication isthe sum$100.43.M. MillsCITYOFKENTNOTICE OF ORDINANCESPASSEDBYTHECITY COUNCILThe following is a summary ofordinances passed by the KentCity Council on June I , 20 l0:ORDINANCE NO. 3959AN ORDINANCE of the CityCouncil of the City of Kent,Washington,Amending Ordinance Nos. 3932and 3933, to extend the waiverprovided by those ordinances ofcertain permitting requirementsfor temporary structuresconstructed for flood protectionpurposes due to the threat posedby the diminished flood controlcapabilities of the HowardHanson Dam from July l, 2010,to July l, 201 l.Effective Date: July 1,2010ORDINANCE NO. 3960AN ORDINANCE of theCity Council of the City ofKent, Washington, relating tothe deferral of fees imposedto mitigate the impact of newdevelopment-Effective Date: July 1,2010Each oidinance will take efect30 days from the date of passage,unless subjected to referendum orvetoed by the Mayor, or unlessotherwise noted. A copy of thecomplete text of any ordinancewill be mailed upon request to theCity Clerk-Brenda Jacober, CMC,City Clerk-rrt\\\\\\\t1,. Published in the Kent Reponer--+-f, ¡USF G"' I t | Í,, on June 4' 2010' #370896'==ì*r."ti't'lÈ)Ä¡t,, ",,,j,{--,--ìl' a¡er '' "+4'í <( í;--= 9 . '-. u,¿ t¿ ,.ë Z a '": * a,7 / _J * í''. +.Legal Advertising Representative, KentSubsqibed and sworn to me this 4th daReportery ofJune, 2010.lnP. O. Number:PublicState of Washington, Residing