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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."
RECITALS
A. Pursuant to the state Growth Management Act, Chapter
36.70A RCW (GMA), the city of Kent ("City") hereby amends its flood
hazard regulations. This ordinance is the product of extensive study,
review and evaluation of the City's development regulations to identify and
protect the functions and values of frequently flooded areas required
under the GMA, consistent with RCW 36.70A.172 and WAC 365-195-900.
The Flood Hazard Regulations ordinance has been updated to comply with
state law, federal law, and best available science. The City has identified,
collected and assessed the available scientific information offered by staff,
the City's environmental consultants, by state agency representatives, and
by the public in order to interpret the nature, scope, and application of
best available science to protect the functions and values of the City's
frequently flooded areas, which exist in a highly complex, natural, and
built urban environment.
B. Throughout this process, the City's intent has been to
develoV and implement a comprehensive, balanced, and fair regulatory
program that requires avoidance, minimization, and mitigation of
frequently flooded areas, in that order of preference, by anyone whose
Y Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
activities affect frequently flooded areas. To that end, the City also
desires to protect the public from injury, loss of life, or loss of property or
other financial impact, to the extent reasonably possible.
C. On August 4, 2014, staff made a presentation to U
Works Committee to discuss the need to update to the Flood Hazard
Regulations ordinance, as required by the Growth Management Act. Staff
further discussed that the update process is required to include best
available science, as well as compliance with state, regional and local
mandates.
D. On August 11, 2014, the Land Use and Planning Board
("LUPB") held a workshop to discuss updates to the Kent Comprehensive
Plan, including the Flood Hazard Regulations update element of the plan;
compliance with state, regional and local mandates; the proposed
timeline; and public outreach activities.
E. On November 24, 2014, the LUPB held a workshop to
generally discuss the Flood Hazard Regulations update process, best
available science rule, and timeline.
F. On February 9, 2015, the LUPB held a workshop to discuss
preliminary findings from the best available science recommendations,
comments from staff and the public, and draft regulations.
G. On February 12, 2015, the City provided the required sixty
day notification under RCW 36.70A.106 to the Washington State
Department of Commerce ("Department") for the City's proposed Flood
Hazard Regulations ordinance. Comments from the Department were
received and considered.
2 Amend Chapter 14,09 KCC
F/ood Hazard Regu/ations
H. On March 16, 2015, the City received comments on the
update from the Washington State Department of Ecology. These
comments were also considered.
I. On April 3, 2015, the City conducted and completed
environmental review for the Flood Hazard Regulations update under the
State Environmental Policy Act (SEPA), issuing an Addendum to its
Comprehensive Plan Environmental Impact Statement (EIS).
J. On April 13, 2015, the LUPB held a public hearing on the
draft Flood Hazard Regulations and recommended updating Chapter 14.09
KCC, accordingly.
K. Staff made a presentation to the Public Works Committee on
April 20, 2015, regarding the recommended revisions to the Flood Hazard
Regulations.
L. Following certain substantive changes by staff to the
proposed ordinance, the LUPB held a second public hearing regarding the
revised Flood Hazard Regulations on June 8, 2015, and recommended
passage of the revised ordinance.
M. Staff made a presentation regarding the revised Flood Hazard
Regulations to the Economic and Community Development Committee at
its meeting on July 13, 2015, and the Committee voted to forward its
recommendation to the full City Council.
N. At its regularly scheduled meeting on July 21, 2015 the City
Council considered the recommendations and voted to adopt the proposed
amendments to the Flood Hazard Regulations.
3 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
NOW THEREFORE, INC CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION Z, -Amendment. Chapter 14.09 of the Kent City Code is
hereby amended as follows:
Sec. 14.09.010. Definitions. The following words, terms, and
phrasesI 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 shat/ow flooding means the land within the floodplain where
the base flood depths range from one {-l-}—to three {feet, a clearly
defined channel does not exists the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
a Area ef s-peeial flood hazat=d Ffleans the land within the f'eedp'
CB. Base flood means the flood having a one {�—percent chance of
being equaled or exceeded in any given year, also referred to as the one
hundred {+BA -)year flood.
DE. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency FEMA)Flee ' Insurance ",.i.,. inistratien or
other qualified person or agency as described in this chapter.
4 Amend Chapter 14.09 KCC
Food Hazard Regulations
Ef. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
F6. Best available data means_ (1) the data provided by '"� ���'���'
Emergency Management FEMA in a scientific and engineering report
entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated June—M_a 16, 1995, along with the
accompanying fleed insuFanee mapsFlood Insurance Rate Map (FIRM),
a-n,-dincluding any subsequent revisions theretoor (2) 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.
G. Compensatory flood storage means any new.,. excavated flood
storage volume equivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free draining.
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 toy, bungs
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within food hazaF'' afea the special flood hazard
area and other site preparation activities, e storage of materials or
5 Amend Chapter 14.09 KCC
Food Hazard Regulations
equipment subdivision of land removal of substantial amounts of
vegetation,or alteration of natural site characteristics.
J. Director means the Uirtutur city of Kent economic and community
development director or the director's designeeef the department of publie
K. Fil/ means the addition of soil, sand
rock, gravel, sediment, walls, structures and their associated internal
volume, or other material by artificial means.
L. F/ood or f/ooding 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. F/ood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by flood waters during
the base flood.
�N. Flood Ifnsurance Rrate Map (FIRM) means the official map on
which thieFEMA federal fleed insurance .,.J".-'inist....tion has delineated both
the special flood hazard areas and the risk premium zones applicable to
the community.
elevationvater surface of - base flood.
6 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
rM:u.VMAL:A �w i ►:�.i w•�
K. Fil/ means the addition of soil, sand
rock, gravel, sediment, walls, structures and their associated internal
volume, or other material by artificial means.
L. F/ood or f/ooding 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. F/ood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by flood waters during
the base flood.
�N. Flood Ifnsurance Rrate Map (FIRM) means the official map on
which thieFEMA federal fleed insurance .,.J".-'inist....tion has delineated both
the special flood hazard areas and the risk premium zones applicable to
the community.
elevationvater surface of - base flood.
6 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
8P. Flood protection elevation n9eans 1 -hat the finfSHed fleer of any
trueture must be �Fis a minimum of two {2 -)-feet above the
base flood elevation.
-RQ. Flood season means the period from iNevembeFOctober 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.
QR. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
S. Floodway means the channel of the stream and that portion of the
adioinina special flood hazard area which is necessary to contain and
discharge the base fle.ed without curnulativetif-increasing the base wate,r
suFfaee ••• elevation moreone ••
fleedwayff
T. Lowest f/oor 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, -used for residential or
commercial purposes transportable in one fl -or
more sections, which is
7 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
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.
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two f2 -)--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. Earthen -Ffill 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
within 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. The area from which the soil is removed must be able to drain
completely into the adjoining watercourse following a flood.
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. Recreations/ vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred {-4sA�-square feet or less when measured at the
largest horizontal projection;
8 Amend Chapter 14,09 KCC
Flood Hazard Regulations
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 f/ood hazard area means the total area subject to inundation
by the base flood these 'ani and ateF areas identified by the FedeFa'
in a report entitled The Flood Insurance
Study for King County, Washington and Incorporated Areas, dated
May 16, 19891995, with accompanying pages on file with
King County or the city of Kent department of publie weFlEs of the.
e tyeconomic and community development.
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 afafter the permit issuance 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 an-dfor walkways;
nor does it include excavation for a basement, footings, piers, or
I oundations 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.
9 Amend Chapter 14,09 KCC
Flood Hazard Regulations
BB. Structure means that which is built or constructed or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of flood waters, but does not
include mounds of earth or debris.
CC. Substantia/ improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (50)percentof 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 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 correct
an existing violation of state or local health, sanitary, or safety code
specifications, as idented by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions �etly�
with existing state or lecal health, sanitary, or safety cede specifications
or
10 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
b. Any alteration of a structure listed on the National
Register of Historic Places or a recognized state or local inventory of
historic places.
Sec. 14.09.020. Findings. The city council finds that:
1. The flood hazard areas of the city 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
2. 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.
Sec. 14.09.030. 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.
1. Protect life and property by preventing the hazardous use of
flood -prone lands;
2. Protect downstream or surrounding property from higher
velocitieD
or higher flood levels which may be caused by loss of holding
capacity in the floodplain;
I1 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
3. Minimize turbidity and pollution from upstream or surrounding
development during a flood,
4. Minimize the expenditure of public money for remedial flood
control measures;
5. Minimize the need for rescue and relief efforts associated with
flooding which are generally undertaken at the expense of the general
public;
6. 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;
7. Alert appraisers, assessors, owners, potential buyers, and
lessees to the natural limitations of flood -prone land;
8. Ensure that those who occupy or seek to develop in flood
hazard areas assume responsibility for their actions;
9. Qualify the city and existing homes and businesses for
participation in the Federal Flood Insurance Program; and
10. Implement local, state, and federal flood protection programs.
Sec. 14.09.040. Policies and standards for reducing flood
losses. In order to accomplish its purpose, this chapter includes policies
and standards to:
1. Restrict, condition, 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;
12 Amend Chapter 14.09 KCC
F/ood Hazard Regulations
2. Require that uses vulnerable to floods, including facilities
WHICH serve such uses, be protected against flood damage at the time of
P
nitial development and construction,
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
4. Control filling, grading, dredging, and other development
which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which
will unnaturally divert flood- waters or which may increase flood hazards in
other areas.
Sec. 14.09.050. Lands to which this chapter applies. This areas ef
chapter shall apply to allspecial flood hazard areas within the
jurisdiction of the city.
Sec. 14.09.060. Basis for establishing thespecial basis for establishing the area
flood hazard areas. The special flood
hazard areas +s -are identified by FEMAtI�e
in a scientific and engineering
report entitled Flood Insurance Study for King County, Washington and
Incorporated Areas, dated May 16ju„-e--16
, 1995, along with the
accompanying FIRM , -and including 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.
13 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
Sec. 14.09.070. Penalties for noncompliance. No structure or
land shall hereafter be developed, constructed, located, extended,
converted, or altered without full compliance with this chapter
and other applicable regulations. Violation of the previsiens ef this chapter
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than five hundred dollars ($500) or imprisoned for not more than
one hundred eighty (180) -days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. In addition, nothing
herein contained shall prevent the city from issuing notices of violation
pursuant to ChDpter- 1.04 KCC to any person or entity responsible for acts
or omissions contrary to the regulations contained in this chapter, nor
prevent the city from taking any other lawful action as is necessary to
prevent or remedy any violation.
Sec. 14.09.080. Abrogation and greater restrictions. This
chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 14.09.090. Interpretation. In the interpretation and
application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
14 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
Sec. 14.09.100. Warning and disclaimer %P liability. The
degree of flood protection required by this- chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the areas of special flood
hazards areas or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part
of the city, its elected officials or any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administration decision lawfully made
hereunder.
See. 1:4.09,110. Green RNver flood centre' zone number 2. All
building and develepment within the boundaries of the Green Rover fleed
RGW and Ghapter 508 60 WAG, the state Flood Gentrel Ze,n,e Act and
permit pregram regulations.
Sec. 14.09.120. Permits and licenses. No permit or license for
structures or the development or use of land shall be issued by the city
within a special flood hazard area unless approved by the directoror ethe,
designate. 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 and divisions, including, but not limited to, building, fire,
and planning departme Compliance with the previsions ef this chapter
does not obviate the need to obtain other permits which may be required
pursuant to state or federal law including but not limited to approvals
required from the United States Army Corps of Engineers and the State
Departments of Social and Health Services and Ecology relating to water
15 Amend Chapter 14.09 KCC
Flood Hazard Regulations
and sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow, or impairment.
Sec. 14.09.130. Procedural requirements. City permits or
licenses which relate to the development and use of land within efleed
hazard aFea e the special flood hazard areas shall be referred to the
department of economic and community development.of publie werks by
the issuing department for approval. If it can be determined from
information at hand that the property deer net H is not located in a special
flood hazard area, the issuing department may approve the permit or
license directly. If it appears that any portion of the property may ++ebe
located in a special flood hazard area, the department of
economic and community development shall require its owner to submit
information necessary to determine if in fact any portion of the property
ffesis located within the floodway or floodwa-y fringe. If it is determined
that any portion of the property his located within the floodway or within
the floodw-ay fringe, the applicant shall be required by the department of
.seconomic and community development 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 publie we economic and community
development shall consider not only the individual structure, development,
or use, but shall also consider it in combination with existing and future
similar structures, developments, 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. In performing such
review, the department of publie weIcyeconomic and community
development may request additional applicant information, including the
preparation and submission of an environmental checklist under the State
Environmental Policy Act or a supplement thereto if already submitted to
an issuing department. The director er his designate shall, within a
reasonable time, indicate approval or disapproval of the requested permit
16 Amend Chapter 14.09 KCC
Flood Hazard Regu/at/ons
or license, and if approved, the director shall transmit all conditions of
approval; in a letter to the issuing department, with copies to the
applicant, the issuing department, commenting departments, other
agencies, and other known parties of interesrecord.
Sec..14.09.140. Use of other base flood data. In order to
administer this chapter when base flood elevation data
has not been provided in accordance with sections herein, the director
shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state, or other source determined
by the director to provide accurate and detailed flood related information.
Such information shall supplement special flood hazard area information
and maps and shall be retained on file with the department of public
works, including information under KCC 14.09.150.
Sec. 14.09.150. Designation of local administrator. The e
tnte-rk�director 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.
i7 Amend Chapter 14.09 KCC
Flood Hazard Regu/at/ons
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 pe4� director er
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 t-1=rea rim t4wrinri
flood insurance study, FIRM, or 'pursuant to KCC 14.09.140,
the director shall 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.
2. For all new or substantially improved floodproofed structures
where base flood elevation data is provided through the
-a flood insurance
study, FIRM, or pursuant to KCC 14.09.140, the director
shall:
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.
1 S Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
3. The director shall Mmaintain for public inspection all records
pertaining to the previslens ef this chapter, to the extent required by
Chapter 1.05 KCC and Chapter 42.56 RCW.
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 special flood hazard areas
of speeial flood haza (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.
Sec. 14.09.160. General standards. In all special flood hazard
WIMMI III Jill 1111 11 11111 111 111111111 11
WA El WXWLq IF all
"Kan MOR GEE=
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure.
b. All manufactured homes must likewise be anchored to prevent
flotationI
collapse, or lateral movement, and shall be installed using
19 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
methods and practices that minimize flood damage. Anchoring methods
may include, but are not limited to, use of over -the -top or frame ties to
ground anchors (reference FEMA's Manufactured Home Installation in Flood
Hazard Areas Guidebook for additional techniques).
2. Construction materials and methods.
aM All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed, constructed,
mor otherwise elevated or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
system;
b. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the
systems and discharge from the systems into floodwaters;
c. Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
20 Amend Chapter 14,09 KCC
Flood Hazard Regulations
d. Proposed water wells shall be located on high ground that is
not located within a special flood hazard area.
4. Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage;
b. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
c. All subdivision proposals shall have
provided to reduce exposure to flood damage;
adequate drainage
d. `"'For all proposed subdivisions or other developments
that contain at least fifty lots or encompass five or more acres, whichever
is less, when base flood elevation data has not been provided,. or is not
available from another authoritative source, it shall--bethe base flood
elevation shall be determined through a hydrologic study completed by a
Qualified professional and submitted by the applicant to the city for the
director's approval The director may accept, reject, or require the
applicant to submit additional documentation that the director reasonably
deems necessary for review of the hydrologic study
! east fifty (59) lets er five (5) acres, (whichever is less a and
e. Subdivision approval should depict or state what portions of
the development are wn special flood hazard areas.
5. Review of building permits. Where elevation data is not available
either through the flood insurance study or from another authoritative
21 Amend Chapter 14.09 KCC
Food Hazard Regulations
source, applications for building permits shall be reviewed by both the
issuing department and department of publie workseconomic and
community development to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a lee -a4
judgment based, in part, on local -aid engineering practices and includes
use of historical data, high-water marks, photographs of past flooding, and
other similar evidenceet-c—., where available. Failure to elevate at least :-we
III
Sec. 14.09.170. Specific standards. In all special flood hazard
areas where base flood elevation data has
been provided as set f, rth ftursuant to KCC 14.09.060 or KCC 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
IS
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 {�-openings placed on at least two
separate walls and having a total net area of not less than one {square
inch for every square foot of enclosed areas subject to flooding shall be
provided.
22 Amend Chapter 14.09 KCC
Flood Hazard Regulations
ii. The bottom of all openings shall be no higher than one
t"j foot above grade.
. 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
to the flood protection elevation, or, together with attendant utility and
sanitary facilities, shall.
a. Be floodproofed 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)of
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;
23 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
e. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one
{)-foot below the floodproofed level (e.g., a building floodproofed to one
{}-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 bayfloodplain shall have the lowest floor elevated
to three f -3) -feet or more above the level of the base flood elevation at the
site. Below the lowest floor, (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
flood elevationp+a+n shall be provided to all critical facilities to the extent
possible.
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 is at the flood protection
elevation; and be securely anchored to an adequately anchored foundation the previsiens of
system in accordance with KCC 14.09.160(1)(b).
Openings in accordance with KCC 14.09.170(1) are required in rigid
skirting attached to frames or foundations of manufactured homes to
relieve hydrostatic loads and minimize transferring loads that can damage
homes and their supporting foundation systems. Installation of skirting
does not trigger the requirement for flood openings if the skirting does not
provide structural support and will collapse without causing structural
damage to the elevated home or the foundation, under wind and water
loads that are less than those expected during the base flood event.
24 Amend Chapter 14.09 KCC
Flood Hazard Regulations
5. Recreational vehicles. Recreational vehicles placed on sites are
required to meet all applicable provisions of this code. If allowed by code,
recreational vehicles are required to either.
a. Be onsite for fewer than one hundred eighty {18��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.
7. Standards for AE and Al -30 zones with base flood elevations but no
floodways In areas with base flood elevations, if a regulatory floodway
has not been designated, no new construction, substantial improvements,
or other development, including fill, shall be permitted within Zones AE
and A1-30 on the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within
the community.
Sec. 14.09.175. Compensatory storage.
25 Amend Chapter 24,09 KCC
Food Hazard Regulations
A. Except as provided in subsection (B) of this section, within me
special flood hazard areas, the following
provisions apply.
1. Applicants shall provide onsite replacement of one hundred
{-1-88-rpercent 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 a �ecial flood
hazard area shall be allowed.
2. If an applicant seeks to provide offsite replacement of one
hundred {�93-percent 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 (A)(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 one hundred
-percent of the storage area lost to encroachments so that there is no
iHLArease in flood levels during the occurrence of the base flood discharge.
An alternative is to construct such that no net fill is placed onsite.
26 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
2. If an applicant seeks to provide offsite replacement of one
hundred {190) percent 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 (B)(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.
Sec. 14.09.180. Floodways. Within the floodway of tip -e --special
flood hazard areas ,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)percentof the market value of the
structure either before the repair, reconstruction, or improvement is
started, or if the structure has been damaged, and is being restored before
the damage occurred. Work done to correct an existing violation of state or
local health sanitary, or safety code specifications, as identified by the
27 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
local code enforcement official and which is the minimum necessary to
assure safe living conditions,
or work done to structures identified as historic
places,, shall not be included in the fifty f54) -percent determination.
3 Projects specifically designed for the enhancement of fish habitat are
allowed within the floodway when they have been designed to minimize
their impact on base flood elevations, keep any rise in the 100 -year flood
levels as close to zero as practically possible, and do not affect any
insurable structures.
4�. 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.
Sec. 14.09.190. Wetlands management. To the extent possible
adverse impacts to wetlands should be avoided as such:
1. Proposals for development within-floodplains shall be reviewed
by the department of economic and community development beth issuing
epartments and the department of publie we for their possible
+ npaEtsprobable effects on wetlands located within the floodplain.
2. Development activities in or around wetlands shall not negatively
affect public safety, health, and welfare by disrupting the wetlands' ability
to reduce flood and storm drainage.
3. Assistance from the United States Army Corps of Engineers e�-State
Department of Ecology, or qualified professional as defined in KCC 11.06,
shall be sought in identifying wetland areas.
28 Amend Chapter 14.09 KCC
Food Hazard Regulations
Sec. 14.09.200. Standards for shallow flooding areas (AO
zones). Shallow flooding areas appear on FIRMs as AO zones with depth
designations. The base flood depths in these zones range from one {oto
three f3j—feet above ground where a clearly defined channel does not
exist, or where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is usually characterized as sheet flow.
In these areas, the following provisions apply.
1. New construction and substantial improvements of residential
structures within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one
{-j-foot or more above the depth number specified on the FIRM (at least
two {2-yfeet if no depth number is specified).
2. New construction and substantial improvements or nonresidential
structures within AO zones shall either.
a. Have the lowest floor (including basement) elevated above
the highest adjacent grade of the building site, one 44
-foot or more above
the depth number specified on the FIRM (at least two (2 -)-feet if no depth
number is specified), or
b. Together with attendant utility and sanitary facilities, be
completely floodproofed to or above that level so that any space below
that level is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. If this
method is used, compliance shall be certified by a registered professional
engineer or architect as in KCC 14.09.170(2).
3. Require adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
29 Amend Chapter 14.09 KCC
F/ood Hazard Regu/ations
Sec. 14 .09.210 Appeals. The decision of the department or publie
mss—director to approve, to approve with conditions, tV" or to
disapprove a permit or license for work in a special flood hazard area shall
be in writing, and may be appealed to the 'and amhearing examiner. The
requested permit or license shall not be issued by a eity department
during the appeal period. The following preeedUres apply te aADDeals
€effrom the director's decision of the department ef publie werks to
ppreve, ndition, or de regarding proposals within a special flood
hazard area: shall be Governed by the procedures set forth in KCC
12.01.190 and Chapter 2.32 KCC.
30 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
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Flood Hazard Regu/ations
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Flood Hazard Regu/ations
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30 Amend Chapter 14.09 KCC
Flood Hazard Regu/ations
Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
criticaI
areas code found in KCS' T�-�Chapter 11.06 KCC, as
amended.
SECTION 2. -Corrections by Cid Clerk or Code Reviser. Upon
approvaI
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, ordinance, section, or subsection numbering,
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, -Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage, as provided by law.
31 Amend Chapter 14.09 KCC
Flood Hazard Regulations
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Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
criticaI
areas code found in KCS' T�-�Chapter 11.06 KCC, as
amended.
SECTION 2. -Corrections by Cid Clerk or Code Reviser. Upon
approvaI
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, ordinance, section, or subsection numbering,
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, -Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage, as provided by law.
31 Amend Chapter 14.09 KCC
Flood Hazard Regulations
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Sec. 14.09.220. Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
criticaI
areas code found in KCS' T�-�Chapter 11.06 KCC, as
amended.
SECTION 2. -Corrections by Cid Clerk or Code Reviser. Upon
approvaI
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, ordinance, section, or subsection numbering,
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, -Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage, as provided by law.
31 Amend Chapter 14.09 KCC
Flood Hazard Regulations
APPROVED AS TO FORM:
�THUR F�ZPATRICK, ACTING CITY ATTORNEY
PASSED: day of2015.
APPROVED:day of , 2015.
PUBLISHEDt'e qday of , 2015.
-• •. • I• • •
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereo
P:\Civil\Ordinance\Flood Hazard Regulatians_KCC 14.09.do<x
32
icated.
SEAL)
Amend Chapter 14.09 KCC
Flood Hazard Regulations