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HomeMy WebLinkAboutSEPA EPIC-14-87 - CITY OF TUKWILA - FLOOD CONTROL ORDINANCEREVISION TO THE FLOOD CONTROL ZONE ORDINANCE REVISED ORDINANCE & COMPREHENSIVE PLAN ALL LOW LANDS IN CITY EPIC -14 -87 WAC 197 -11 -970 DETERMINATION OF NONSIGNIFICANCE Description of Proposal NEW FLOOD ORDINANCE. Proponent CITY OF TUKWILA Location of Proposal, including street address, if any N.A. Lead Agency: City of Tukwila File No. EPIC-14-87 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.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. EX There is no comment period for this DNS This DNS is issued under 197 -11- 340(2). Comments must be submitted by . The lead agency will not act on this proposal for 15 days from the date below. Responsible Official Rick Beeler Position /Title Address Date Planning Director Phone 433 -1846 6200 Southcenter Boulevard T Signature Adler. A •81:8 dm/ You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written appeal stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. Copies of the procedures for SEPA appeals are available with the City Clerk and Planning Department. FM.DNS 1908 Cittof Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard -Tukwila, Washington 98188 (206) 433 -1849 TO: STATE OF WASHINGTON OFPARTMFNT OF ECOLOGY ENVIRONMENTAL REVIEW MATI STOP PV -11 OLYMPIA, WA 98504 ATTN. KARFN RFATTY JOANNE JOHNSON FROM: TTY OF TIIKWILA, PLANNING DEPT: DATE: FEBRUARY 3, 1988 PROJ /PERMIT NO: EPIC -14 -87 SUBJECT: DETERMINATION OF NONSIGNIFICANCE PROPOSED NEW FLOOD ORDINANCE WE ARE SENDING YOU THE FOLLOWING: ill Attached 0 Under separate cover COPIES DESCRIPTION THESE ARE TRANSMITTED /RETURNED: 1 ENVIRONMENTAL CHECKLIST DNS D For your approval O For review and comment O For your use and information Q For corrections /revisions Q As requested O Other: COMMENTS: ENCLOSED IS THE AFOREMENTIONED INFORMATION, IF YOU HAVE ANY QUESTIONS PLEASE CALL 433 -1849. PLEASE: [J Resubmit for approval [J Return corrected prints (23 /P4.LTRANS) (LR 12/29/87) • Federal Emergency Management Agency Region X Federal Regional Center Bothell, Washington 8 98021 -9796 .WY 27.14 ,k 7 (Date) MEMORANDUM FOR: PHA[- ff245 s (it9iL FiNGd adAt- C ry /1 n ` , 62•» ref .e v �.0 •C3. vj) 77-1-1C4 Ic- cif- .FI d' FROM: Bell A- 57-144,4C- fi`l� /(206) 7- "4'2' Natural and Technological Hazards Division SUBJECT: C/ Ty o,= 714m44,4(.4- Review of Draft Flood Ordinance JUL 2 8 1987 p�JtiL IC wd 7' Because of the volume of ordinances we must review in keeping with the April 1, 1987 deadline and because it is not possible or timely to send you typewritten comments, following are our handwritten comments on th- Draft ordinance you transmitted on v 0 / 2.44.4,vLD 7 / - . The Draft is compliant with Nation= . Flood Insurance Program Requirements and, if adopted by Ap 1 1, 1987, will assure your continued eligibility. PLEASE SEND A SIGNED, DATED AND CERTIFIED COPY WHEN ADOPTED SO .THAT WE MAY SEND YOU A COMPLIANCE LETTER. The -Tail /V i 4' 7 Draft is not compliant. LJ Enclosed is a copy of an Evaluation Form (3 pages) highlighting those sections that are deficient (this form cross- references Model Ordinance and Federal ' Regulation sections). The'Draft will be compliant if the following changes are made: N� \\ `A�"" © IV f d9e.457,1414 716,V ®; c - I'7f rS7 e L /c rfp,fiG1) (Sd _ 5 Se:no r . 1 — t o ,- . I7»a .90g, 02Jaw.ekuet . (4)0.J& c 3� P1 T /9' /1vd2 Se.c; ro y 7 A (1) . Iy18 311-4 ko«.; M cisVejo,44 D 1400fte- ca . iN 05 Bt- *lc 4oroue �S - f IL)) c 44 FA. i,.,frtJ (. C. .. S L -3 art: Hrv,7r4. B•L!›) 11f. r S Amu y , 54.4, )5 i r,trrav . 70 _S9L TMs . 74 /s .7- s ' vd� y jfle _g4:. CITY OF TUKWILA CN CENTRAL PERMIT SYSTEM EPIC j4-S-) ENVIRONMENTAL REVIEW ROUTING FORM: FILE TO:[ BLDG j] PLNG j ( P.W. ri FIRE ni POLICE n P & R PROJECT LOCATION C rkr. / Ltu hirttk — (-64 )2,&liek DATE TRANSMITTED -118\!!? ig7) STAFF COORDINATOR �G C FILE NO. RESPONSE REQUESTED BY jAb jG) 4g-7 RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT DATE 7- 16- $7 COMMENTS PREPARED BY C.P.S. Form 11 CITY OF TUKWILA CENTRAL PERMIT SYSTEM CN EPIC j4-t) FILE ENVIRONMENTAL REVIEW ROUTING FORM: TO: f BLDG [] PLNG [ P.W. E] FIRE n POLICE (\vf P & R PROJECT ('<g)--ki0 LP LOCATION .LAJ )4A0/4, v )eA4t FILE NO. DATE TRANSMITTED j ,L /?. RESPONSE REQUESTED BY L.16 %G5 41e-7 STAFF COORDINATOR Lii RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT DATE ii .0"" row COMMENTS PREPARED BY,r,, C.P.S. Form 11 CITY OF TUKWILA • CENTRAL PERMIT SYSTEM CN EPIC j4 -3J) FILE ENVIRONMENTAL REVIEW ROUTING FORM: TO: ri BLDG [j PLNG ri P.W. ( FIRE 1-1 POLICE n P & R PROJECT f7,/c4,1 6h-kr- / ar LP, LOCATION .Lk) ) tc& - };60/ /ek FILE NO. DATE TRANSMITTED �� /j f ✓g --) RESPONSE REQUESTED BY Ji J ) j STAFF COORDINATOR `- RESPONSE RECEIVED THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART- MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM. ITEM COMMENT b lD r II vvi t HUUT COMMENTS. AS NOTED IN RED II E] fE ; THE HI iACHED LETTER IJ The drswrings 2ff;XCd I- hrvi.0 have been I reviewed and accepted by the City of 41 1 u:c:vila Fire Dept. Ariditic.,c d it revisions to these drawings after this E. J tti Will void.this acceotancP an -+ ..,f! i- ..:;,itc a resuomittal of revised drawings. ll Finnl acceptance is c t:_ i i.»ection by this y a representative of this L;cip rtment CITY OF TUKWILAS'l 575 -4407 DATE COMMENTS PREPARED BY C.P.S. Form 11 A. BACKGROUND • 4111trol No. Epic File No. Fee $100.00 Receipt No. ENVIRONMENTAL CHECKLIST Revision to the Flood Control Zone 1. Name of proposed project, if applicable: Ordinance 2. Name of applicant: City of Tukwila 3. Address and phone number of applicant and contact person: 6200 Southcenter Blvd., Tukwila, WA 98188 - 433 -1856 - Phil Fraser 4. Date checklist prepared: 7/1/87 5. Agency requesting Checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): New Floodr{Otditnance, meeting FEMA's.Model Flood Ordinance Requirements (in effect since December, 1986) required by local jurisdictions by 4/1/87 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Green River Management Study 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Public Hearing City Council Hearing 10. List any government approvals or permits that will be needed for your proposal. FEMA and DOE 11. Give brief, complete description of your proposal, including the proposed use and the size of the project and site. There are several questions later in thi . checklist that ask you to describe certain aspects of your proposal. You do no . need to repeat those answers on this page. Section E requires a complete description of the objectives and alternatives of your proposal and should not be summarized here. Revised Flood Control Zone Ordinance and Comprehensive Plan 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applica- tions related to this checklist. All low lands within the Tukwila City limits 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? yes -3- ,TO BE COMPLETED BY A• CANT B. ENVIRONMENTAL ELEMENTS 1. Earth • Evaluation for a. General description of the site (circle one): Flamm rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? - 'j-10% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. all varieties d. Are there surface indications or history 'of unstable soils in the immediate vicinity? If so, describe. generally, no e. Describe the purpose, type, and approximate quanti- ties of any filling or grading proposed. Indicate source of fill. Build up of flood hazard areas and dike construction is implied for flood protection f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. no g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A Agency Use Only • h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Green River, Gilliam Creek Evaluation for Agency Use Only • 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Infor_ma_tion is available nnl n case by case application of flood proofing 4) Will the proposal require - surface water withdrawals or diversions? Give general description, purpose, and approximate quan- tities, if known. Possible under some applications of ordinance 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Includes 100 year flood plain 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No Evaluation for Agency Use Only b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quan- tities, if known. No 2) Describe waste materials that will be discharged into the ground from septic tanks or other sour- ces, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Source of major runoff whirh produces- erfu4.v.a e It _1OQ^year event i s Hnward Hanenn na,n,.on the Gre.P' Ri vPr Evaluation for Agency. Use Only • 2) Could waste materials enter ground or surface waters? If so, generally describe. This ordinance tries to minimize possibility d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: This ordinance applies several criteria to reduce and control surface water impacts 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass x pasture x crop or grain x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: water lily, eelgrass, milfoil, other X other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some shoreline vegetation when dikes /levee built c. List threatened or endangered species known to be on or near the site. Not known Evaluation for Agency Use Only 1 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Grassy swales will be used 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: Green River, many species mammals: deer, bear, elk,( eaves other: fish: bass, salmon, trout, herring3shellfish, other: b. List any threatened or endangered species known to be on or near the site. Not known_ c. Is the site part of a migration. route? If so, explain. Yes, several migra.tjQnjoutes d. Proposed measures to preserve or enhance wildlife, if any: By protection and flood proofing the habitat of wildlife will also be .reser�ad _ and be less subject to changing water courses Evaluation for Agency Use Only Evaluation for Agency Use Only 6.. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solor) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No 1) Describe special emergency services that might be required. Availability of an insurance program to cover 2) Proposed measures to reduce or control environ- mental health hazards, if any: Flood proofing measures will better ensure separation of storm runoff and domestic sewage and also ensure better protection of water mains from breakage and subsequent cross - connections occurring -10- Evaluation for Agency Use Only b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other) ?____ N/A 2) What types and levels of noise would be created by or associated with the project on a short - term or a long -term basis (for example: traf- fic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3) Proposed measures to reduce or control noise impacts, if any: N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Per City: ";s Zoning Code b. Has the site been used for agriculture? If so, describe. some portions c. Describe any structures on the site. from single family dwellings skyscrapers__ • • Evaluation for d. Will any structures be demolished? If so, what? This code may restrain or prohibit reconstruction of some structures as . originally built e. What is the current zoning classification of the site? Refer to City Zoning Code f. What is the current comprehensive plan designation of the site? - g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so-, specify. i. Approximately how many people would reside or work in the completed project? = 30,000 da,Ztimepopulation j. Approximately how many people would the completed project displace? none k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is com- patible with existing and projected land uses and plans, if any: This Ordinance does not override land use ordinances Agency Use Only 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing? N/A b. Approximately how many units, if any, would be eli- minated? Indicate whether high, middle, or low - income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Dike elevations = 100 year flood elevation of Green River +2 ft. of freeboard b. What views in the immediate vicinity would be altered or obstructed? Not known c. Proposed measures to reduce or control aesthetic impacts, if any: Provide swale,_allow bike trails on dikes, Ptc. Evaluation for Agency Use Only . Evaluation for Agency Use Only 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off -site sources of light or glare may affect your proposal? Roe d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation a. What designed and informal recreational oppor- tunities are in the immediate vicinity? Bike and pedestrian trails b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Pedestrian /bike trails will be sought where appropriate as part of dike /levee construction -14- • Evaluation for Agency Use Only 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or pro- posed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. All within City b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Refer to .Planning Department c. Proposed measures to reduce or control impacts, if any: A section in ordinance Allows for variance to ordinance requirements based on historic nature of structures 14. Transportation a. Identify public streets and highways serving the site, and describe proposed accss to the existing street system. Show on site plans, if any. Dike access roads required as part of dike construction will tie into public R /W's and public streets where feasAle. /1 b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A c. How many parking spaces would the completed project have? How many would the project eliminate ?_____ N/A • • d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Access:roads for dike /levee protection e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. g. Maintenance of future dikes and levees Proposed measures to reduce or control transpor- tation impacts, if any: Secure rights -of -way - easements for access to new dike systems 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Maintenance and operation of_added dike facilities b. Proposed measures to reduce or control direct impacts on public services, if any. By implementation of ordinance reduction of flood hazard and emergency response due to • flooding Evaluation for Agency Use Only • • Evaluation for Agency Use Only 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Dikes /levees C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: PLEASE CONTINUE TO THE NEXT PAGE. TO. BE COMPLETED BY AIIIICANT • D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not imple- mented. Respond briefly and in general terms. 1. Now would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? By implementation of Flood Ordinance criteria, reduction in potential in flooding and subsequent contamination of storm waters and untreated local storm drainage is reduced Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants, ani- mals, fish, or marine life? Reduction of potential flooding improves likelihood of stable environment Proposed measures to protect or conserve plants, ani- mals, fish, or marine life are: New criteria for dike /levee protection bank stabilization reviews and identification of R/W for dike /levee maintenance and operations are measures in new ordinance to protect /conserve plants, animals, fish and marine life adjacent to the Green Evaluation for Agency Use Only • • 3. How would the proposal be likely to deplete energy or natural resources? Where dikes required some vegetation would be removed Proposed measures to protect or conserve energy and natural resourses are: Proper flood proofing and dike protection will conserve on emergency services for sandbagging, etc. during floods 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Evaluation for Agency Use Only The Green River, Gilliam Creek: -and adjacent wetlands In general. the construction of dike /levee systems and insuring bank stablization through the Flood Control Zone Permitting process will improve the stabilization of riverbank and wet land environments Still, riverbank areas may be needed to construct dikes/levees. Proposed measures to protect such resources or to avoid or reduce impacts are: Dike /levee protection will preserve current river course and environment 5. How would the proposal be likely to affect land and shoreline use, inclduing whether it would allow or encourage land or shoreline uses incompatible with existing plans? River bank stabilization studies and permit process is designed to protect shoreline use but not encourage uses beyond current zoning regulations. Appeals /variance process protects against incompatible uses which might produce a negative effect on property use. • Evaluation for Agency Use Only Proposed measures to avoid or reduce shoreline and land use impacts area: In new ordinance, general and specific design criteria for flood proofing,permit process for compliance and appeals /variances process are measures that should reduce /eliminate :flooding in shoreline areas allowing ore dependable use of these flood prone areas for full development compatible with land use /zoning_ How does the proposal conform to the Tukwila Shoreline Master Plan? Don't know. This determination will be made by the Tukwila Planning Department (see Jack Page) and DOE 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Dike maintenance roads will generate minimal traffic use /service with occasional heavy use for dike reconstruction Proposed measures to reduce or respond to such demand(s) are: None 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No • • 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If .so, what poli- cies of the Plan? No knowledge See Planning Department (Jack Pace) Proposed measures to avoid or reduce the conflict(s) are: Evaluation for Agency Use Only TG BE COMPLETED BY All/ICANT • E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental infor- mation provided and the submitted plans, documents, suppor- tive information, studies, etc. 1. What are the objective(s) of the proposal? To update the flood control zone ordinance due to substantial changes in FEMA model ordinance put into effect December 1986 and required of local jurisdictions administratingthe flood insurance insurance program 2. What are the alternative means of accomplishing these objectives? Adopt FEMA model flood ordinance without modifications to address specific needs of local agency Do nothing 3. Please compare the alternative means and indicate the preferred course of action: Do nothing - this alternative may jeopardize the city's eligibility to participate in the Federal flnnd insurance program. Adopt FEMA model ordinance without modifications_ the federal model flood ordinance contains extraneous criteria (i.e. flood hazard areas "V ") which do not apply. Also some designations of permitted building construction (i.e. manufactured homes) conflict with the City's more restrictive construction codes Evaluation for Agency Use Only • Evaluation for Agency Use Only 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? Don't know See Planning Department (Jack Pace) Proposed measures to avoid or reduce the conflict(s) are: -23- D R A F T CITY OF TUKWILA ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RESCINDING ORDINANCES NOS. 1220 AND 1225 AND SUBSTITUTING WITH A NEW ORDI- NANCE, TO MEET THE NEW FEDERAL REGULATIONS, EFFECTIVE OCTOBER 1, 1986, FOR FLOOD PLAIN MANAGEMENT AND MODEL FLOOD DAMAGE PREVENTION POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM. 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 Jurisdic- tions 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 stan- dards and a flood- plain construction permit process, NOW, THEREFORE, the City Council of the City of Tukwila, Washington do ordain as follows: SECTION 1: INTRODUCTION. Chapter 16.5 of the Tukwila Municipal Code (Ordinance 1220 and as last amended by Ordinance 1225) is rescinded and therefore is substituted with the language of this ordinance passed on , 1987. SECTION 2: FINDINGS. THE COUNCIL OF THE CITY OF TUKWILA FINDS THAT: A. The City has entered into the Green River Management Agreement with other jurisdiction to create policies and requirements for the management of drainage into the Green. B. The City is committed in cooperation with other agencies to a dike/ - levee program for the protection of adjacent low lying properties. C. The City is committed to carrying out the local responsibilities for the flood insurance program to assist eligibility for flood insurance. D. The City is committed to securing obtaining right -of -way easements for future dike /levee protection system to assure maintenance. E. The City .is committed to the preservation of natural river banks which provide equavalent bank protection to properties. SECTION 3: 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: A. Protect life, health and property by controlling the use of lands below the 100 year flood plain in flood zone area $12; B. Minimize business interruptions; C. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions at the time of development or substan- tial redevelopment of their properties. D. Protect downstream- or surrounding property from higher velocities or higher flood levels which may be caused by loss of holding capacity in • • the flood plain; E. Minimize the expenditure of public money for remedial flood control measures; F. Minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public; G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in the floodway; H. Qualify the City of Tukwila and existing homes and businesses for participation in the federal flood insurance program; and, I. Implement local, state and federal flood protection programs. J. Comply with the storm water policies City of Tukwila Comprehensive Land Use Policy Plan (Adopted by Ord. 1039). SECTION 4: POLICIES FOR REDUCING FLOOD LOSSES. In order to accomplish its purpose, this ordinance includes policies to: A. Establish restrictions and regulations to assure new and substantial redevelopments are adequately flood-proofed and qualify for the flood insurance program. B. Control local runoff by the establishment and enforcement of policies which allow for runoff and rates of runoff most compatible with the hydrology of the Green River. C. Establish levee /dike requirements including levee /dike /bank protection standards and a dike /levee construction plan. D. To assure adequate levees /dikes are provided throughout the City. E. • Require easements and right -of -ways to maintain future dike /levee systems. F. To preserve natural river bank barriers, control filling, grading, dredging and other development which will unaturally divert floodwaters or which may increase flood hazards in other areas. SECTION 41 DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usages and to give this ordinance its most reasonable application. A. "Appeals Board" - a hearing board consisting of the City Administrator, Planning Director, and an appointed licensed civil engineer that . reviews and determines appeals and variance requests. B. "Areas of shallow flooding" means a designated "AO" or "AH" zone on the Flood Insurance Rate Map (FIRM). The base flood depth 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. "A0" is characterized as sheet flow and "AH" indicates ponding. C. "Areas of special flood hazard" means the land in the flood plain within a community- subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter "A ". D. "Base flood elevation" means the flood having a one percent chance of being equalled or exceeded in any given year and as designated by a flood elevation on the FIRM and floodway maps; also referred to.as the 5 "100 -year flood Designation on maps always includes the letter °A ". E. "City" means the City of Tukwila or the city council of Tukwila. F. "Development" means any man -made change of improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling .operations located within flood hazard areas. 8. "Director" means the director of the Department of Public Works or his designee. H. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland waters and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. 1. "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. J. " Floodplain" means the relatively flat areas or lowlands adjoining the channel of a_river, stream, watercourse, or other body of water, which have been..or may be covered by floodwater. For the purpose of this • chapter, "floodplain" includes those areas now or hereafter included within the city of Tukwila defined as "land within a community subject to a one percent or greater chance of flooding in any given year" and as indicated on the flood profiles and the flood boundary and floodway maps included in the 1981 Flood Insurance Study. In the areas not included in said reports, the floodplain includes all areas subject to 6 floods at streamflow rates comparable to those set forth in the 1981 Flood Insurance Study and Maps as constituting the base flood level. The location of the floodplain may be revised by the . director of public works, based on conditions which may alter its location. Any such revisions may be based upon: (A) Date utilized by the 1982 Flood Insurance Study; (8) Changes in elevations of areas within the floodplain, occur- ring since the last revision affecting such area; (C) Channel changes. - K. "Flood Zone Insurance Study" means the official report (exhibit A) provided by the Federal Insurance Administration that includes flood profiles, the flood boundary- floodway map, and the water surface _elevation of the base flood. L. "Floodway" means the established dike channel 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 0.2 of a foot. The floodway is the regular channel established by an existing dike system plus that portion of the flood plain which has been defined as floodway .and delineated on maps by the Federal Insurance Administration or by The Corps of Engineers as designated by FEMA. M. "Lowest Floor" 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 7 the structure in violation of the applicable non - elevation design requirements of this ordinance found at section 7 -B (Specific Stan- dards) 1 -B. N. "New construction means structures for which the "start of construc- tion" commenced on or after the effective date of this ordinance. 0. "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 was 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 preparation, such as clearing, grading and filling; nor does it include the installation of streets . and /or walkways; 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. P. "Structure" means a walled and roofed building. "Structure" also means a gas or liquid storage tank that is principally above ground. Q. "Substantial improvement" means any repair, reconstruction, or improve- ment of a structure, the cost of which equals or exceeds 50 percent of the 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 "sub- stantial improvement" is considered to occur when the first 8 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, includes (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the national Registry of Historic Places or a state inventory of historic places. SECTION 5i THE FLOOD CONTROL ZONE PERMIT PROCESS GENERAL PROVISIONS A. Lands to which this ordinance applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Tukwila. B. Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Tukwila ", dated 19____, with accompanying flood insurance maps is hereby adopted by reference and declared to . be a part of this ordinance. The flood insurance, study is on file at Tukwila Public Works Department. C. 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. 9 D. Authority The City of Tukwila, through the Public Works Department, shall consider and interpret information produced by the Army Corps of Engineers and the Federal Emergency Management Agency to determine the location of flood plains, floodways, or floodway fringes. E. Maps shall be adopted Flood hazard areas shall be shown and defined on city floodway (flood boundary, FIRM and floodway maps) maps which shall become a part of this chapter by adoption by the City Council, as they are amended. Copies of the maps shall be maintained for inspection by the public in the Public Works Department. F. Information to be obtained and maintained The City will obtain from the applicant, and maintain a record of, the actual elevation (in relation to NGVD datum, mean sea level) of substantially improved structures within a flood hazard area and whether or not the structure contains a basement. G. Interpretation In the interpretation and application of this ordinance, all provisions ' shall be a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and, c. Deemed neither to limit nor repeal any other powers granted under the state statutes. H. Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered 10 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 area 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 administration decision-lawfully made hereunder. I. Administration of Flood Zone Control Permit 1. Establishment of development flood zone control permit. A development (FZCP) permit shall be obtained before construction or development begins within any area of special flood hazard established is Section 5 -B The permit shall be for all structures as set forth in the "definitions", and for all development including fill and other activities, also as set forth in the "definitions ". 2. Application for flood control zone permit. A Flood. Control Zone Permit application shall be filed with the City for all developments at the time of filing grading or fill permit, building permit, tenant improvement or shoreline permit. No permit or license for structures or the development or use of land shall be issued by the City within a flood hazard area unless approved by the Department of Public Works. Such approval shall be based on •ar.eview of the provisions set forth in this ordinance li and the technical findings and recommendations of the appropriate City departments. Compliance with the provisions of this ordi- nance does not obviate the need to obtain other permits which may be required pursuant to state or federal law including approvals required from the Washington State Department of Social and Health Services and /or ecology relating to water and /or sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. Application for a development (FCZ) permit shall be made on forms furnished by the Director of. Public Works and may include but not be limited to four sets of plans recommended to 20 scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities. Specifically, the following information is required: a. Elevation in relation to mean sea level, NGVD datum, of the lowest floor (including basement) of all structures: b. Elevation in relation to mean sea level, NGVD datum, to which any structure has been floodproofed; c.. Certification by a registered Professional Engineer or a licensed architect that the floodproofed methods for any nonresidential structure shall meet the floodproofing criteria in Section 7 -B (Specific Standards) -2. d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 3. Designation of the Director of Public Works 12 The Director of Public Works is hereby appointed to administer and implement this ordinance by granting or denying development (FCZ) permit applications in accordance with its provisions. 4. Duties and responsibilities of the Director of Public Works Duties of the Director of Public Works shall include, but not be limited to the following: a. Permit review (1) Establish and manage a FCZ development permit review procedure, publish such and make available to all developers through a flood control zone permit system. (2) Review all (FCZ) development permits to determine that the permit requirements of this ordinance have been satisfied. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provision of Section 7- C(1)(Floodways), is met. b. Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with section 5 -I -2, basis for establishing the areas of special flood hazard, the Public Works Director will obtain, review and reasonably utilize any base flood eleva- tion and floodway data available from a federal, state or other .source,, in order to administer section 7 -B (Specific Standards, and Section 7 -C (Floodways) (specific standards) floodways. 13 c. Information to be obtained and maintained (1) Where base flood elevation is provided through the flood insurance study or required as in section 5- I -4 -b) obtain and record the actual elevation (in relation to the mean sea level, NGVD 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 structures: (a) Verify and record the actual elevation (in relation to mean sea level, NGVD), and (b) Maintain the floodproofing certification required in Section 5- I -2 -c. (3) Maintain for public inspection all records pertain- ing to the provisions of this ordinance. d. Alteration of watercourses (1) Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such , notification to the Federal Insurance Administration, obtain necessary approvals for change in the water course through FEMA, prior to authorizing any develop- ment to carry out a development which will change any water course. (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. Interpretation of FIRM boundaries Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (i.e., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 6. The initial step in receipt of the application from the developer is for Public Works Department to determine if the property is or is not in a flood hazard area. The developer shall be notified, in writing, of this determination. If it appears the property lies within the floodway.or floodway fringe, or any other flood hazard area, then required submittals as outlined in this ordinance, including surveys, plans and supporting docu- ments necessary to determine the applicability of City regulations to the proposed structure, development or use, will be requested by the City. The Diredctor or his (her) designee shall, within a reasonable time, after other required agency reviews are completed, indicate approval or disapproval of the requested flood control zone permit' and if approved, the conditions of approval will be provided in a letter to the applicant, with copies to appropriate agencies, including D.O.E. Whenever any alteration or relocation of any watercourse is proposed, the Department of Public Works shall notify adjacent communities prior to 14 15 such relocation or alteration and submit such notifications to the Federal Emergency- Management Agency. - 5. Duty to Obtain Other Permits. The flood control zone development permit process as outlined in this . ordinance shall not constitute a license or permit to undertake substantial construction as provided in the state shoreline management act of 1971, nor shall said (FCZ) development permit be considered, an authorization to construct under the uniform building code as adopted by Tukwila City, Ordinance No. 1393. Nothing in this ordinance shall relieve the applicant from obtaining all required permits, licenses and approvals required for the proposed project under applicable federal, state and local provisions of law. - SECTION 6: APPEALS AND VARIANCE A. Appeals Board (1) The Tukwila Appeals Board, consisting of the Planning Director, an appointed licensed civil engineer, and the City Administrator,, shall hear and decide appeals and requests for variance from the requirements of this ordinance. The appointment of the licensed civil engineer shall be made by the other two board members. The City will pay for all costs for the attendance of this board member at appeal hearings. (2) The Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works in the enforce- 16 ment or administration of this ordinance. (3) Those aggrieved by the decision of the Appeals Board, or any taxpayer, may appeal such decision to the (Na- me of appropriate court), as provided in State Statute (4) Criteria for Reviewing Interpretations .for Appeals' In passing upon such applications, the Appeals Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the.proposed facility and its contents. d. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; e. The relationship of the proposed use to the comprehensive dike /levee plan and flood plain management program, if available, for that area f. The safety 04 access to the property for dike /levee protec- tion in times of flood for ordinary and emergency vehicles; The expected heights, velocity, rate of rise, and sediment transport of the flood waters expected at the site; and, h. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public levees /dikes, utilities and other facilities.such as sewer, gas, electrical, and water systems, and streets and bridges. 17 (5) Upon consideration of the factors of Section 6 -A -(4) and the purposes of this ordinance, the. Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (6) The Director of Public Works shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Appeal. and Variance Process Appeals and variances provided for in this ordinance shall be governed by this section: (1) Notice of Appeal /Notice of Request for Variance Notice of Appeal /.Notice of Request for Variance shall be filed with the Tukwila Public Works Department in letter form within fifteen (15) days of receipt of or notification from the Director of Public Works to the applicant off a. Denial, approval, or conditional approval of a development permit; or b. Written interpretation of the flood hazard boundary maps. Said Notice of Appeal /Request for Variance shall describe the action being appealed, the exact remedy which is sought, and a statement of facts, findings and documentation supporting the appeal request. (2) Referral to the Appeals Board Notice of appeal shall be referred by the Public Works Department to the Appeals Board for a public hearing. (3) Notice of Public Hearing Notice of the time and place for a public hearing for an appeal of 18 a decision of the Director of Public Works shall be given by the City Clerk's Office in the following manner: a. By publication in a newspaper of general circulation in the city not less than fifteen (15) days prior to the date of the hearing. b. By mailing of notices not less than ten (10) days prior to the date of hearing to owners of property within three hundred (300) feet of the exterior boundaries of the property involved. (4) Written Determination. The Appeals Board, within thirty (30) days after the public hearing, shall issue a written decision accompanied by a statement of the reasons therefor. C. Criteria for. Variances Any one or more of the following criteria shall be met for a variance to be granted: (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction.and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items a through h above in Section 6-A-(4) have been .fully considered. the lot size increases the technical justification required for issuing the variance increases. (2) Variance may be issued for the reconstruction, rehabilitation or 19 restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon; a. A showing of good and sufficient causes b. A determination that failure to grant the variance would result in exceptional hardship to the applicant. c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense as identified in Section 6- A -(4), or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance program are based on the general zoning law principle that they pertain to a physical piece of propertY; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. 20 (7) Variance may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Section b -C (Criteria for Vari- ance)-(1), and otherwise complies with Section 1 of the General Standards. - (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 7: PROVISIONS FOR FLOOD HAZARD REDUCTION A. GENERAL STANDARDS IN ALL AREAS OF SPECIAL FLOOD HAZARDS, THE FOLLOWING STANDARDS ARE REQUIRED: (1) Construction Materials and Methods a. All new construction and substantial improvements shall be constructed with materials and utility materials resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that . minimize flood damage. c. Interior electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to 21 prevent water from entering or accumulating within the components during conditions of flooding. d. All new construction and substantial improvements shall be designed to minimize or eli inate infiltration of flood waters into the system; (2) Utilities a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flood- ing. (3) 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 adequate drainage provided to reduce exposure to flood damage; and, d. Where base flood_ elevation data has not been provided or is 22 not available from another authoritative source, it shall be generated for all subdivision proposals. (4) Review of Building Permits Where elevation data is not available either through the flood insurance study or from another authoritative source (section 5-B-46) applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local Judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate to at least two feet above grade in these zones may result in higher insurance rates. IN ADDITION, IN ALL AREAS ADJACENT TO THE GREEN RIVER THE FOLLOWING STAN -. DARDS ARE REQUIRED; (3) 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 engin- eering studies, and in accordance with the Green River Management Agreement (A.G. M85 -043), will be required as part of the plan • submittal. If dike /levee improvements are not required, and the natural river bank is allowed as bank protection, then a river bank stabilization analysis shall be provided to the Public Works Department for review as part of the plan submittal. (4) Dedication of levee /dike /river bank access construction and maintenance easements 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 /and river banks along the Green River as part of their plan submittal these easements shall be provided in such a manner as immediate access is allowed from other public- rights -- of -way for maintenance and construction of dikes /levees. B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 5 -B, basis for establishing the areas of special flood hazard or Section 7 -3 -D Use of Other Base Flood Data, 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 a minimum of one foot above the level 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 24 requirement must either be certified by a Registered Professional Engineer or a licensed architect or 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 areas 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 New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest flood, including basement, elevated to a minimum of one foot above the level of the base flood elevation; or, together with atten- dant utility and sanitary facilities, shallo A. Be floodproofed so that the structure is water tight one foot above the base flood level, with walls substantially impermeable to the passage of water; B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a Registered Professional Engineer or licensed architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provision of this subsection based on their development and /or 25 review of the structural design, specifications and plans. Such certification shall be provided to the official as set forth in Section 5- I- 4c(2). D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 7 -B -lb. 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 constructed to the base flood level will be rated as one foot below that level). C. FLDODWAYS Located within areas of special flood hazard established in section 5 -8 -2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a regis- tered Professional Engineer or licensed architect is provided demon- strating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 7 -C(1) is satisfied, all . new construction and substantial . improvements shall comply with all applicable flood hazard reduction provisions of Section 7, provisions for flood hazard reduction. Note: Where base flood elevations have been provided but floodways 26 have not, Section 7 -C (Floodways) above, should read as follows: D. ENCROACHMENTS The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point along the river course. (1) Flood Control Zone Permits and Licenses - Approvals A Flood Control Zone Permit application shall be filed with Public Works for all developments' at the time of filing'the building permit and /or shoreline . permit, whichever is first. No permit or license for structures or the development or use of land shall be issued by the City within a flood hazard area unless approved by the Department of Public Works. Such approval shall be based on a "review of the provisions set forth in this ordinance and the technical findings and recommendations of the appropriate City departments. Compliance with the provisions of this ordinance does not obviate the need to obtain other permits which may be required pursuant to state or federal law including approvals required from the Washington State Department of Social and Health Services and /or ecology relating to water and /or sewer systems which ensure that water and sewer systems will be designed to avoid infiltration, inflow or impairment. (2) Procedural Requirements for Flood Control Zone Permits The standard procedure form to accept and process applications for city flood zone control development permits is per the approved procedure handout (exhibit 8) attached to this ordinance. The Director of Public Works may, at his discretion, deviate from this procedure, or amend this procedure form. The procedure-form is available to the public at the Public 27 Works Department. The initial step in receipt of the application from the developer is for Public Works Department to determine if the property is or is not in a flood hazard area. The developer shall be notified, in writing, of this determination. If it appears the property lies within the floodway or floodway fringe, or any other flood hazard area, then required submittals as outlined in this ordinance, including surveys, plans and supporting documen- ts necessary to determine the applicability of City regulations to the proposed structure, development or use, will be requested by the City. The Director or his (her) designee shall, within a reasonable time, after other required agency reviews are completed, indicate approval or disapproval of the requested flood control zone permit; and if approved, the conditions of approval will be provided in a letter to the applicant, with copies to appropriate agencies, including D.O.E. Whenever any alteration or relocation of any watercourse is proposed, the Department of Public Works shall notify adjacent communities prior to such relocation or alteration and submit such notifications to the Federal Emergency Management Agency. SECTION 8t PENALTIES FOR NON- COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violation 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 $500.00 or imprisoned for more than 6 months, 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. SECTION 9, SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordi- nance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the ordinance shall not, as a result of said section, subsection, sentence, clause or phrase be held unconstitutional or invalid. Passed by the City Council of the City of Tukwila, Washington at a regular meeting thereof thisr day of , 1987. ATTEST APPROVED AS TO FORM Mayor City Clerk 29 City Attorney, Jim Haney Published Valley Daily News