HomeMy WebLinkAbout3996ORDINANCE NO. 3III"
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ordinance
Nos. 3932, 3933, and 3959 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, 2011, to
July 1, 2OL2.
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.
Ordinance No. 3959 was adopted June L, 2010 extending the waiver
provisions of the prior ordinances to July I, 20LI.
1 Amending Ordinance No. 3932,
Ordinance No, 3933, and
Ordinance No,3959 Re: Permitting of
Temporary Flood Protection Structures
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
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 fi44 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. At
the current time, it appears that the next stage of repairs will be
completed by the Fall of ZOLL and testing will be completed in the late
Spring of 2012.
E. Ordinance No. 3932, as amended by Ordinance Nos. 3933
and 3959, 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,20LI. If the structures are not
2 Amending Ordinance No. 3932,
Ordinance No, 3933, and
Ordinance No.3959 Re: Permitting of
Temporary Flood Protection Structures
removed by that date, the ordinances provide that a permit for those
structures would need to be obtained.
F. Because the U.S. Army Corps of Engineers is constructing and
testing more permanent repairs to the Howard Hanson Dam and in order
to address the needs of the community in light of the continually changing
flood threat as construction and testing at the Howard Hanson Dam
continues, the City Council has elected to extend the permitting exemption
by one additional year, to July L,20L2.
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,
amended by Ordinance No. 3959 is amended as follows:
as
SECTION 7, - RecÌtals Adopted as Findings. In addition to the
findings adopted by the Kent City Council in Ordinance Nos. 3932, and
3933, and 3959 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, Ordinance No. 3933, afid
Ordinance No, 3932. and Ordinance No. 3959, 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,
3 Amending Ordinance No. 3932,
Ordinance No. 3933, and
Ordinance No,3959 Re: Permitting of
Tem porary Flood Protection Structu res
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. "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,
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.
4 Amending Ordinance No. 3932,
Ordinance No. 3933, and
Ordinance No. 3959 Re: Permitting of
Temporary Flood Protection Structu res
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.
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,
20L+2. 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
5 Amending Ordinance No.3932,
Ordinance No,3933, and
Ordinance No, 3959 Re: Permitting of
Tempora ry Flood Protection Structu res
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, 2OI+2. Any Temporary Flood
Protection Structure that remains on site beyond July L, 20L+2, 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
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,20L+2.
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.
6 Amending Ordinance No. 39321
Ordìnance No. 3933, and
Ordinance No.3959 Re: Permitting of
Temporary Flood Protection Structures
SECTION 5. - Corrections by City Clerk or Code Reviser. 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 nu mbering.
SECTION 6, - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law
COOKE, MAYO
ATTEST:
RENDA JACOBER,LERK
7 Amending Ordinance No. 3932,
Ordinance No,3933, and
Ordinance No, 3959 Re: Permitting of
Temporary Flood Protection Structu res
APPROVED AS TO FORM:
TO BRUBAKER, CITY ATTORNEY
PASSED , / 7 day of April, 2011.
APPROVEO: / 7 day of April, 2OLL.
PUBLISHEO: 3J- day of April, 2011.
I hereby certify that this is a true copy of Ordinance No.3rz å
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
EAL)
BRENDA JACOBE CÏTY CLERK
P: \Civ¡l\Ordinance\FloodProtect¡onMeäsures-ExtendPerm¡tDeadline,doc
B Amending Ordinance No. 3932,
Ordinance No. 3933, and
Ordinance No. 3959 Re: Permitting of
Tem pora ry Flood Protection Structu res