HomeMy WebLinkAboutCOW 2004-02-09 Item 4C - Ordinance - Flood Plain Management and Prevention Policies (National Flood Insurance Program)I CAS Number: 04-016
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date
2/09/04
I I
ar m. r .F
1 Meeting Date
1 2/09/04
COUNCIL AGENDA SYNOPSIS
Meeting Date
2/9/04
Adopt Ordinance amending TMC Chapter 16.52 regarding Flood Plain Management
and repeal Ordinance Nos. 1462, 1499, 177011, 1790, and 1838 2 (Partial).
Council Admin. Public Works
The Flood Plain Management Ordinance was last updated in 1988. Department of Ecology has
reviewed and approved the draft ordinance and the SEPA process was completed on
December 12, 2003. This ordinance defines the Director's responsibilities for administration,
development review, information management, watercourse alteration and clarifies
requirements and standards for manufactured homes.
Adopt Ordinance to update Flood Plain Management.
Forward to COW and then Regular Council for adoption.
Same as sponsor.
I
Initials
Prepared by 1 Mayor's r iew 1 Council review 1
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f"t.�� #APFENDICES
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Attachments
'Information Memo dated January 28, 2004
SEPA Determination dated December 12, 2003
Ordinance
I Utilities Committee Meeting Minutes from February 3, 2004
M INFORMATION
Original Agenda Date: February 9, 2004
ITEMNO.
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo
y
Date: January 28, 2004
Subject: Flood Plain Management Ordinance
ISSUE
The current Flood Plain Management Ordinance was passed in 1980 and updated in 1988. On
June 21, 2002, a Department of Ecology representative met with Public Works representatives
and indicated that the City must update its current Flood Plain Management Ordinance.
BACKGROUND
Public Works used the State's model flood ordinance as the backbone for this ordinance and
sent the draft ordinance to Department of Ecology for review and approval. The proposed
ordinance was approved by DOE and was presented to the Utility Committee on October 7,
2003. The SEPA process was completed on December 12, 2003.
DISCUSSION
Both the current ordinance and the draft ordinance include standards and provisions that
encourage sound flood plain management allowing property owners to obtain flood insurance
at a more affordable rate.
The draft ordinance clarifies requirements for anchoring manufactured homes, defines the
Director's responsibilities for administration, development review, information management,
and watercourse alteration. It also spells out required permit information and sets development
standards such as anchoring, material and methods, and utilities for subdivisions, residential
and manufactured homes, critical facilities, and nonresidential construction.
New items include anchoring requirements for recreational vehicles (16.52.100B.4.) and
defined penalties for violation of the ordinance (16.52.130).
RECOMMENDATION
Forward to Committee of the Whole for discussion and then on to Regular Council for final
approval.
attachments: SEPA Determination dated December 12, 2003
Draft Ordinance
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0 2 1 City of Tukwila
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oh Department of Community Development
To:
PROJECT:
FILE NUMBERS:
ASSOCIATED FILES:
APPLICANT:
REOUEST:
LOCATION:
NOTICE OF DECISION
Jim Morrow, Director, Department of Public Works
Federal Emergency Management Agency
State Department of Ecology, SEPA Division
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination of Non significance (DNS) for the above project based on the environmental
checklist.
Project materials including the application, any staff reports, and other studies related to the
permits are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Monday through Friday, 8:30 a.m. 5 :00 p.m.
The project planner is Carol Lumb, who may be contacted at (206) 431 -3661 for further
information.
The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use
Decisions, Revised Code of Washington (RCW 36.70C).
c:Mydocs/Flood Control Zone Ord./ldotDec.doc
Steven M. Mullet, Mayor
Steve Lancaster, Director
December 12, 2003
Proposed Flood Control Zone Ordinance
E03 -026
None
City of Tukwila Department of Public Works
Environmental review of proposed ordinance updating the City's flood
control zone regulations to bring City's regulations into compliance with
current Federal Emergency Management Agency (FEMA) requirements.
All flood prone lands throughout the City
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206-431-3665
City of Tukwila
Department of Community Development 6300 Southcenter BL, Suite 100 Tukwila, WA 98188 (206) 431 -3670
DETERMINATION OF NON SIGNIFICANCE (DNS)
File Number:
Applied:
Issue Date:
Status:
E03 -026
11/06/2003
12/12/2003
ISSUED
Proponent: TUKWILA DEPT. OF PUBLIC WORKS
Description of Proposal:
PROPOSED UPDATE OF FLOOD CONTROL ZONE ORDINANCE
Location of Proposal:
Address:
Parcel Number:
Section/Township /Range: CITY -WIDE
'cti-rc
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
dot. Mlscpenn
Lead Agency: City of Tukwila
The City has determined that the proposal does not have a probable significant adverse Impact on the environment.
An environmental impact statement (EIS) is not requited under RCW 43.21 c.030(2) (c). This decision was made after
review of a completed environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
1 2 -►2
Date
My appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to
create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall
be commenced within the time period to appeal the governmental action that is subject to environmental review.
(RCW 43.21C.075)
E03.026 Printed: 12 -12 -2003
WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which may
result in loss of life or property, may create health or safety hazards, may disrupt commerce or
governmental services, may cause extraordinary public expenditures for flood protection and
relief, or might impair the tax base, all of which adversely affect the public health, safety, and
general welfare; and
WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in
areas of special flood hazards that increase flood heights and velocities, and damage uses in
other areas when inadequately anchored; and
WHEREAS, uses that are inadequately flood proofed, elevated or otherwise protected
from flood damage can contribute to losses due to flooding; and
WHEREAS, the Legislature of the State of Washington delegated the responsibility to
Local governmental units of adopting regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of
Washington, has authorized local governmental agencies to regulate use and development of
flood hazard areas within their jurisdictions in order to reduce such hazards; and
WHEREAS, continued participation by the City of Tukwila in the National Flood
Insurance Program requires adoption of flood plain management standards and a flood plain
construction permit process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Flood Plain Management. Chapter 16.52 of the Tukwila Municipal Code is
hereby amended to read as follows:
16.52.010 Authority
The Legislature of the State of Washington delegated the responsibility to the City of
Tukwila to adopt regulations designed to promote the public health, safety and general
welfare of its citizenry.
16.52.020 Purpose
This ordinance aims to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas, by provisions
designed to:
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M I IA VT
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING
CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE REGARDING FLOOD
PLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION POLICIES
REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD
INSURANCE PROGRAM; REPEALING ORDINANCE NOS. 1462, 1499, 1770 §11,
1790, AND 1838 §2 (PARTIAL); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
1. "A" means a zone on the Flood Insurance Rate Map (FIRM) where flooding is known
to occur but no flood elevation has been determined.
2. "AH" means a zone on the Flood Insurance Rate Map (FIRM) characterized by base
flood depths from one to three feet, having no clearly defined channel or having an
unpredictable and indeterminate channel, and where velocity flow may be evident. AH
indicates ponding.
3. "AE" means a zone on the Flood Insurance Rate Map (FIRM) where base flood
elevations are determined and are shown on the map.
4. "Appeal" means a request for a review of the interpretation of any provision of this
ordinance or a request for a variance.
5. "Base Flood" means the flood having a one percent chance of being equaled or
exceeded in any given year; it is also referred to as the 100 -year flood." Its designation on
maps always includes the letter A.
6. "Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
7. "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 installations which produce, use or store
hazardous materials or hazardous waste.
8. "Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, and storage of equipment or materials located
within the area of special flood hazard.
9. "Director" means the Director of the Public Works Department or his designee.
10. "DOE" means the Department of Ecology.
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11. "Elevated Building" means for insurance purposes a non basement building which
has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts,
piers, pilings or columns.
12. "Existing Manufactured Home Park or Subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before 1981, the effective date of the Tukwila's original floodplain management
regulations.
13. "Expansion to an Existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
14. "FBFM" means Flood Boundary/ Floodway Map.
15. "FZCP" means Flood Zone Control Permit.
16. "FEMA" means Federal Emergency Management Agency.
17. "FIRM" means Flood Insurance Rate Map.
18. "Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
a. The overflow of inland or tidal waters, and /or
b. The unusual and rapid accumulation of runoff of surface waters from any source.
19. "Flood Zone" means any area designated as special flood hazard or flood prone, or
any area within the shoreline per the Tukwila Municipal Code.
20. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
21. "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodway Map, and the
water surface elevation of the base flood.
22. "Flood- Prone" means any land area susceptible to flooding not shown on FIRMS but
designated as flood -prone by the Director, using best available information.
23. "Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
24. "Lowest Floor" means the lowest floor of the lowest enclosed area (including
basement). If an unfinished or flood resistant enclosure is used solely for vehicle parking,
building access or storage, if this enclosure is in an area other than a basement, and if this
enclosure is built so that the structure meets the applicable non elevation design requirements
for nonresidential construction, the enclosure is not considered the structure's lowest floor.
25. "Manufactured Home" means a structure, transportable in one or more sections, built
on a permanent chassis and designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
26. "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
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27. New Construction" means structures for which the "start of construction"
commenced on or after 1981, the effective date of Tukwila's original floodplain management
regulations.
28. "New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities including streets, utilities and concrete
pads is completed on or after 1981, the effective date of Tukwila's original floodplain
management regulations.
29. "NFIP" means National Flood Insurance Program.
30. "Recreational Vehicle" means a vehicle that is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projections;
c. Designed to be self propelled or permanently towable by a light duty truck; and
d. Designed primarily for use as temporary living quarters for recreational,
camping, travel or seasonal use.
31. "Shallow Flooding Area" means a designated AO or AH zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
32. "Special Flood Hazard Area" means the land in the flood plain subject to a 1% or
greater chance of flooding in any given year. It is also referred to as the 100 -year flood
elevation or the base flood elevation. These areas are designated on Flood Insurance Rate
Maps (FIRMs) using the letters A or V. Special flood hazard areas include flood -prone areas
designated by the City.
33. "SFHA" means Special Flood Hazard Area.
34. "Start of Construction" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement occurred within 180 days of the permit 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 land preparation, such as clearing, grading and
filling; nor does it include the installation of streets andj or walkways; nor does it include
excavation for a basement, footings, piers or foundations, 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. For a substantial
improvement, the actual start of construction means the first alteration of'any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
35. "Structure" means a walled and roofed building, including a gas or liquid storage tank
that is principally above ground.
36. "Substantial Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50%
of the market value of the structure before the damage occurred.
37. "Substantial Improvement
a. "Substantial Improvement" means any repair, reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the
assessed value of the structure, either:
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(1) Before the improvement or repair is started, or
(2) Before damage occurred, if the structure is being restored.
b. For the purposes of this definition, "substantial improvement" occurs 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.
c. "Substantial improvement" does not include:
(1) Any improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which is solely necessary to assure safe living conditions,
nor
(2) Any alteration of a structure listed on the national Registry of Historic Places
or a State inventory of historic places.
16.52.040 Applicability
This ordinance applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
16.52.050 Special Flood Hazard Areas
The basis for special flood hazard areas identified by the Federal Insurance
Administration is a scientific and engineering report entitled "The Flood Insurance Study for
King County, Washington, dated December 6, 2001, and any revisions thereto, with an
accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, hereby adopted
by reference and declared to be a part of this ordinance. The Flood Insurance Study and the
FIRM are on file at 6300 Southcenter Boulevard, Suite 100. The best available information for
flood hazard area identification as outlined in TMC 16.52.080B.2 shall be the basis for
regulation until a new FIRM is issued which incorporates this data.
16.52.060 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
16.52.070 Liability
The degree of flood protection required by this ordinance 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 man -made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the City of Tukwila, any officer or employee thereof, or
the Federal Insurance Administration for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications in accordance with its
provisions. The Director may:
1. Restrict or prohibit uses which might create a danger to health, safety and
property due to water or erosion hazards, or which might increase erosion, flood heights or
flood velocities;
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2. Require that uses vulnerable to floods, including facilities serving such uses, be
constructed to protect against flood damage;
3. Control the alteration of surface water features such as natural flood plains,
stream channels and natural protective barriers that retain or channel flood waters;
4. Control filling, grading, dredging and other development which may increase
flood damage; and
5. Prevent or regulate the construction of flood barriers that would unnaturally
divert floodwaters or that might increase flood hazards in other areas.
B. The Director's duties shall include, but shall not be limited to:
1. Permit Review
a. Review all development permits to determine that the permit requirements of
this ordinance have been satisfied.
b. Review all development permits to determine that all necessary permits have
been obtained from those Federal, State or local governmental agencies from which prior
approval is required.
c. Review all development permits to determine if the proposed development is
located in the floodway, and ensure that the encroachment provisions of TMC 16.52.100,
"Floodways" are met.
2. Special Flood Hazard Area
a. When base flood elevation data has not been provided in A zones, the
Director shall obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a Federal, State or other source, in order to administer 16.52.100.
b. Where flood elevation data is not available either through the Flood
Insurance Study, FIRM, or from another authoritative source, the Director shall review
applications for building permits to assure that proposed construction will be reasonably safe
from flooding. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available. Failure to elevate
at least two feet above the highest adjacent grade in these zones may result in higher insurance
rates.
c. Where needed, the Director shall interpret exact location of the boundaries of
the areas of special flood hazards for example, where there appears to be a conflict between a
mapped boundary and actual field conditions. The Director shall provide the person
contesting the boundary location a reasonable opportunity to appeal the interpretation. Such
appeals shall be granted consistent with the standards of Section 60.6 of the Rules and
Regulations of the National Flood Insurance Program (44 CFR 59 -76).
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3. Watercourse Alteration
a. Notify adjacent communities and the Department of Ecology (DOE) prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
b. Require that maintenance be provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
4. Information Management
a. Where base flood elevation data is provided through the Flood Insurance
Study, FIRM, or required as in TMC 16.52.080 5.2, obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor of all new or substantially improved structures,
and ascertain whether or not the structure contains a basement.
b. For all new or substantially improved flood- proofed structures where base
flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in
TMC 16.52.080 B.2:
(1) Obtain and record the elevation (in relation to mean sea level) to which
the structure was flood proofed, and
(2) Maintain the flood- proofing certifications required in TMC 16.52.090 B.3.
c. Maintain for public inspection all records pertaining to the provisions of this
ordinance.
16.52.090 Permits
A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or
development begins within any area of special flood hazard established in TMC 16.52.050.
B. Application for an FZCP shall be submitted with the project application for a
Shoreline Permit, plat or subdivision permit, or a Building Permit, whichever comes first.
C. An FZCP is a Type 1 permit processed pursuant to TMC 18.108.010.
D. Application for an FZCP shall be made on forms furnished by the City and shall meet
the City's standards for plan submittals. The Applicant must provide the following
information:
1. Elevation in relation to mean sea level, of the lowest floor of all structures;
2. Elevation in relation to mean sea level to which any structure has been flood
proofed;
3. Certification by a registered professional engineer or architect that the flood
proofing methods for any nonresidential structure meet the flood proofing criteria in TMC
16.52.100 B.2; and
4. Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.
16.52.100 Standards
A. GENERAL STANDARDS In all areas of special flood hazards, the following
standards are required:
1. Elevation: Where flood elevation data is not available, either through the FIRM
or from another authoritative source, all new construction and substantial improvements shall
be elevated at least two feet above the highest adjacent grade.
2. 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 flotation,
collapse or lateral movement, and shall be installed using 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).
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
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3. Construction Materials and Methods:
b. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
c. All new construction and substantial improvements on slopes shall have
drainage paths to guide floodwaters around and away from proposed structures.
d. Electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities shall be designed and /or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
damage;
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4. Utilities:
a. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems;
b. A proposed water well shall be approved by Department of Ecology (WAC
173460 -171);
c. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the systems into
flood waters; and
d. Onsite waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5. Subdivisions:
a. All subdivision proposals shall be consistent with the need to minimize flood
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize or eliminate
flood damage;
c. All subdivision proposals shall have adequate drainage provided, to reduce
exposure to flood damage; and,
d. Where base flood elevation data has not been provided or is not available
from another authoritative source, it shall be generated for subdivision proposals and other
proposed developments that contain at least 50 lots or 5 acres (whichever is less).
B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood
elevation data has been provided, 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 one foot or more above the base
flood 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 of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect, and must meet or
exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) 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:
a. New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor, including basement,
elevated one foot or more above the base flood elevation, or together with attendant utility
and sanitary facilities, shall:
(1) Be flood proofed so that below one foot or more above 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 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 that engineer's or architect's development
and/ or review of the structural design, specifications and plans.
b. Nonresidential structures that are elevated, not flood proofed, must meet the
same standards for space below the lowest floor as described in TMC 16.52.100 B.1.b., for
residential construction.
c. The City shall notify applicants who propose to flood -proof nonresidential
buildings that flood insurance premiums will be based on rates that are one foot below the
flood proofed level (e.g. a building flood proofed to the base flood level will be rated as one
foot below).
3. Manufactured Homes:
a. All manufactured homes to be placed or substantially improved on sites,
outside of a manufactured home park or subdivision, in a new manufactured home park or
subdivision, in an expansion to an existing manufactured home park or subdivision, or in an
existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated one foot or more above the base
flood elevation and be securely anchored to an adequately designed foundation system to
resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the above
manufactured home provisions be elevated so that either:
(1) The lowest floor of the manufactured home is elevated one foot or more
above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately designed foundation system to resist
flotation, collapse and lateral movement.
4. Recreational Vehicles: Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, on its wheels or jacking system,
be attached to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
c. Meet the requirements for manufactured homes, including the elevation and
anchoring requirements for manufactured homes.
C. GREEN RIVER In addition to the general and specific standards in the section, the
following standards apply to all areas adjacent to the Green River:
Flood 2004
1. Construction /Reconstruction of Dikes /Levees As part of the floodproofing for
developments adjacent to the Green River through Tukwila, construction or reconstruction of
the dike /levee system, in accordance with dike /levee plans and engineering studies, and in
accordance with the Green River Management Agreement (AG No. 85 -043), will be required as
part of the plan submittal.
2. If dike /levee improvements are not required, and the natural riverbank is
allowed as bank protection, then a river bank stability analysis shall be provided to the Public
Works Department for review as part of the plan submittal.
3. Dedication of levee /dike /riverbank access construction and maintenance
easements on all properties adjacent to the Green River shall, as part of their development,
dedicate construction and maintenance easements for access and maintenance of existing or
future dikes /levees /riverbanks along the Green River as part of their plan submittal. These
easements shall be provided in such a manner so that immediate access is allowed from other
public rights -of -way for maintenance and construction of dikes /levees.
16.52.110 Floodways
A. Floodways are located within special flood hazard areas. Floodwaters within
floodways are extremely hazardous due to high flow velocities. These waters carry debris and
potential projectiles, and have a high potential for erosion.
B. The following provisions apply to floodways within the City:
1. Variances shall not be issued for proposals within a designated floodway, if any
increase in flood levels during the base flood discharge would result.
2. Prohibit encroachments, including fill, new construction, substantial
improvements and other development, unless a registered professional engineer certifies
through hydrologic and hydraulic analyses, performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in
flood levels during the occurrence of the base flood discharge.
Flood 2004
4. Allow repairs, reconstruction or improvements to residential structures, as long
as the structure's ground floor area does not increase and the cost of the work does not exceed
50% of the market value of the structure either:
occurred.
3. Prohibit construction of new residential structures.
a. before the repair, or reconstruction is started, or
b. if the structure has been damaged, and is being restored, before the damage
Any project to correct existing violations of state or Local health, sanitary or
safety code specifications identified by the Code Enforcement Official and which are the
minimum necessary to assure safe living conditions, or to structures identified as historic
places, shall not be included in the 50
C. If proposed work satisfies TMC 16.52.100 B. 1-4, all new construction and substantial
improvements shall comply with all applicable standards in TMC 16.52.100.
16.52.120 Critical Facility
Construction of new critical facilities shall be, to the extent possible, Located outside the
limits of the Special Flood Hazard Area (SFHA). The Director may permit construction of a
new critical facility within the SFHA if no feasible alternative is available. Critical facilities
constructed within the,SFHA shall have the lowest floor elevated three feet above base flood
elevation or elevated to the 500 -year flood elevation, whichever is higher. Flood- proofing and
sealing measures must be taken to ensure that toxic substances will not be displaced by or
released into floodwaters. Access to and from the critical facility should also be protected to
-10-
the height utilized above. Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent possible.
16.52.120 Penalties
No structure or land shall hereafter be constructed, located, extended, converted or altered
without hill compliance with the terms of this ordinance and other applicable regulations.
Violations of the provisions of this ordinance 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 ordinance or fails to comply
with any of its requirements shall upon conviction thereof be fined not more than $1000.00, or
imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the City of
Tukwila from taking such other lawful action as is necessary to prevent or remedy any
violation.
16.52.120 Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 2. Repealer. Ordinance Nos. 1462, 1499, 1770 §11, 1790 and 1838 §2 (partial) are
hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in hill force five days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2004.
ATTEST AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Flood 2004
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Utilities Committee
2/3/4
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, bob Giberson, Gail Labanara, Pat Brodin, Mike
Cusick, Ryan Larsen, Lucy Lauterbach
1. Lift Station 12 Pumn Upgrade Lift Station 12 is near Strander on Andover West. It is a
major station, and it needs to be updated. Last winter a bypass was put in that will allow
temporary pumping while new pumps, motors, and electrical controls are installed. This project
has been carefully planned, as it is the station that handles the mall and much of the CBD. The
low bidder had to be disqualified because he didn't handle a change the city sent out. The second
lowest bidder, Gary Harper, bid the project at $233,789.44, when the engineer's estimate was
$162k. In reviewing bids, staff found nothing they'd done wrong; each bid had high costs for
different items. There is money in the budget because staff didn't improve Lift Station 7 near the
Wade Cook building. Recommend rejecting low bid: award bid to Gary Harper to a COW
2. Water and Sewer Comp Plan Updates Updates for the two plans are scheduled for this
year. Because they are updates, they are not major studies. Economic and Engineering Services
was chosen from a short list of engineering firms. They have worked in Washington, Oregon and
Alaska. Choosing them wasn't easy, as another firm was also good. The Committee asked if
these Plans would be in the Comprehensive Plan. The answer was that they will stand on their
own, but will be used to put a short version as part of the Comp Plan. Authorize the mayor to
negotiate contract with Economic and Engineering Services. Inc of Bellevue.
3. MWPAAC Contract MWPAAC addresses Water Pollution Abatement. It's an association
of cities that advise Metro King County on sewer issues. The Committee recommended a
resolution changing Tukwila's alternative representative to MWPAAC. Recommend resolution
to COW,
4. Ditch Drainage Issue This issue was deferred to another meeting.
5. Flood Plain Management Ordinance W need to update the Flood Plain Management
Ordinance, which was last updated in 1988. The only real change besides some clarifying
language, was a section addressing manufactured homes in the floodplain. Tukwila doesn't have
any, but Ecology wanted it in our ordinance. The Committee looked at a flood map that staff
uses with the public when someone wants to build in the flood plain. It basically follows the
river, though some other low lying flood spots that typically hold water are also included.
Recommend ordinance to COW.
DRAFT
6. Future Agenda Items 2004 looks like it will be a very busy year for this Committee. Staff
had listed 14 projects the Committee will have during the year in addition to the regular contracts
and permits. The Committee added looking at Gilliam Creek because Dennis heard the pipes
under the apartments there are undersized and aging. They also talked about adding Low Impact
Surface Water solutions. Impact fees and how they are set will be a major issue. Dennis will try
to frame questions about connectivity to clarify decisions. There are marks on trees on S. 154
and on Macadam; staff will find out why. Information.
Committee chair approval
DRAFT