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Home My WebLink About4366ORDINANCE NO. 4366 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," to strike KCC 14.09.150(C) related to projects designed for the enhancement of fish habitat within the floodway. RECITALS A. On July 7, 2020, following a public hearing, the City Council adopted Ordinance 436t which repealed and readopted Chapter 14.09 of the Kent City Code entitled "Flood Hazard Regulations." This ordinance updated definitions and other provisions to align with the applicable federal regulations and definitions; established a Flood Zone Permit and updated the enforcement section, making additional remedies available under Chapter 1.04 of the Kent City Code. B. Many of these updates were required by the Federal Emergency Management Agency (FEMA) in order for the City to maintain its program eligibility in FEMA's National Flood Insurance Program (NFIP). FEMA required that these updates be effective no later than August 19, 2O2O. C. On July 28, 2020, a FEMA representative gave notice to City staff that additional updates were necessary to maintain its program Amend KCC 74,09- Re: Flood Hazard Regulations 1 eligibility in FEMA's NFIP and specifically that the City must strike KCC L4.O9.150(C) within 30 days of the notice, August 27, 2020, or face suspension from the NFIP. D. KCC L4.09.150(C) relates to development of fish habitat enhancement projects within a regulatory floodway. The removal of this section will not create a new development limitation for these types of projects, The review by FEMA during their periodic Community Assistance Visits (CAV) has always been conducted as if this exception in the code provision was not present. Due to recent changes in the CAV process FEMA now requires that no rise be documented in a regulatory floodway for all projects, regardless of type. This code item, KCC 14.09.150(C), can be removed without creating any functional differences for development of fish habitat enhancement projects located in regulatory floodways. E. At its regularly-scheduled meeting on August L8,2O2O, the City Council held a public hearing regarding the proposed code amendments and after considering the matter, voted to adopt the amendments to chapter 14.09 of the Kent City Code. F. This ordinance is necessary for the protection of public health, public safety, public property and public peace and accordingly may take effect immediately upon final passage. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE Amend KCC 74,09- Re: Flood Hazard Regulations 2 SECTION 7. - Amendment. Section 14.09, L45 of the Kent City Code, entitled "Flood Hazard Regulations," is hereby amended as follows: Section 14.09.15O. Floodways. Within the floodway of special flood hazard areas, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, 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. B. 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 50 percent of 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 a 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 50 percent determination. G ia=- e{€Yatiefis-;+nd Amend KCC 74,09- Re: Flood Hazard Regulations 3 iens DE. If subsections (A) - (€g) of this section 14.09.150 are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC L4.O9.LzO and 14.09.130. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this ordinance is 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. SECTION 4. - Corrections bv Citv 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; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations, SECTION 5, - Effective Date. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety Amend KCC 74.09- Re: Flood Hazard Regulations 4 and welfare. This ordinance shall become effective immediately upon passage. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. DANA MLPH, MAYOR August 18. 2020 Date Approved ATTEST: 0 KIMBERLEY , CITY CLERK APPROVED AS TO FORM: ARTHUR *PAT' FITZPATRICK,ATTORNEY Auqust 18. 2020 Date Adopted Auqust 21. 2020 Date Published Amend KCC 74.09- Re: Flood Hazard Regulations 5 Wgtkt STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on August 21, 2020 The full amount of the fee charged for said foregoing publication is the sum of $119.35 Rudi Alco Vice President, Advertising Subscribed and sworn to me this 21' day of August, 2020 . J®rting, er Tribbett, otary Public for the State of Washington, Residing in Washington Classified Proof 238398 - City of Kent, City Clerk - LEGAL ADS „(253) 856-5728 220 Fourth Ave S kkomoto_kentwa.gov Kent, WA, 98032 Proofed by Jennifer Tribbett, 08/13/2020 02:33:47 pm Page: 1 Classified Proof CITY OF KENT NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The following are surn- maries of ordinances passed by the Kent City Council on August 18, 2020. ORDINANCE NO. 4365- AN ORDINANCE of the City Council of the City of Kent, Washington, ap- proving the consolidating budget adjustments made between April 1, 2020 and June 30, 2020, reflecting an overall bud- get increase of $19,253,712. This ordinance shall take effect and be in force five days after publica- tion, as provided by law. ORDINANCE NO. 4366- 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,' to strike KCC 14.09.150(C) relat- ed to projects designed for the enhancement of fish habitat within the floodway. The City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance shall become effective immediately upon pas- sage. The City Clerk is directed to publish a summary of this ordi- nance at the earliest possible publication date. A copy of the complete text of any ordinance will be mailed upon request Proofed by Jennifer Tribbett, 08/13/2020 02:33:47 pm Page: 2 Classified Proof of the City Cleric. Kimberley A. Komoto, City Clerk kkomoto@KentWA.gov 253856-5725 #W6138 8/21 /20 Proofed by Jennifer Tribbett, 08/13/2020 02:33:47 pm Page: 3