HomeMy WebLinkAboutCOW 2020-11-09 Item 4E - Ordinance - Interim Flood Plain Management RegulationsITEM INFORMATION
STAFF SPONSOR: RYAN LARSON ORIGINAL AGENDA DATE: 11/09/20
AGENDA ITEM TITLE Flood Plain Management Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/09/20 Mtg Date Mtg Date Mtg Date 11/16/20 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
The Federal Emergency Management Agency notified all Washington jurisdictions
participating in the National Flood Insurance Program (NFIP) that our Flood Ordinance
would require updates to comply with new federal and state regulations and to adopt
revised Flood Insurance Rate Maps (FIRMs). On 8/17/20, Council approved an Interim
Flood Plain Mgmt Ordinance. All reviews have now been completed with no changes to the
Ordinance. Council is being asked to approve the final Flood Plain Management Ordinance.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 07/20/20 & 08/03/20 COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/09/20
11/16/20
MTG. DATE ATTACHMENTS
11/09/20 Informational Memorandum dated 07/17/20 (revised 11/6/20 for final adoption)
Draft Flood Plain Ordinance (revised after 7/20 T&I Committee)
Minutes from Transportation and Infrastructure Committee meeting of 7/20 & 08/03/20
11/16/20
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
11/09/20 GL
11/16/20 GL 4.E.
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https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Info Memo Flood Ordinance 11092020.docx
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Interim Public Works Director
BY: Ryan Larson, Program Manager
CC: Mayor Ekberg
DATE: July 17, 2020 (revised Memo updated 11/6/20 for final adoption)
SUBJECT: Flood Plain Management Ordinance and Map Update
ISSUE
The City’s Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002. On May 15, 2020, the
Federal Emergency Management Agency notified all Washington jurisdictions participating in the National Flood Insurance
Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations and to adopt
revised Flood Insurance Rate Maps (FIRMs).
BACKGROUND
Public Works used the State’s model flood ordinance as a template to update the Flood Ordinance. This draft was sent to the
Department of Ecology (DOE) and Department of Commerce for review and approval. The ordinance is also undergoing SEPA
review. Council passed Interim Flood Plain Management Ordinance No. 2633 on August 17, 2020 to meet the FEMA dateline.
DISCUSSION
Both the current Ordinance and the draft Ordinance include standards and provisions that encourage sound floodplain
management allowing property owners to obtain flood insurance at a more affordable rate.
The draft Ordinance adopts revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City.
The FIRM updates were done for all jurisdictions along the Green River. In addition, the draft ordinance also clarifies
language concerning development within SFHA. This includes the requirement to obtain a Flood Permit for activities such as
filling and grading within a SFHA even if a structure is not built.
Substantive updates include:
Revised definitions that more closely follow the definitions used by DOE
Revised code language changes to match language used by DOE
A provision to exclude storage or processing of hazardous materials
A provision to include filling and grading as activities requiring a flood permit
A provision limiting uses of areas constructed below the lowest floor to parking and storage
Council is being asked to review the changes to the Ordinance at this time. An emergency ordinance is being prepared to allow
the required changes to take place by the August 19, 2020 FEMA deadline, tentatively scheduled for the August 3, 2020
Council meeting. Staff has been notified that the SEPA approval and the required appeal period will not be completed until after
the FEMA deadline of August 19, 2020. Once the SEPA process has been completed, the final ordinance will be presented to
Council for approval, anticipated for September 2020. All required reviews are complete and the Ordinance that was in the July
27, 2020 Council packet has not changed and is now ready for approval at the next Regular Meeting.
FISCAL IMPACT
Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time to
review and approve Flood Permits.
RECOMMENDATION
Council is being asked to adopt the updated Flood Plain Management Ordinance and repeal Ordinance No. 2633 and consider this
item at the July 27, 2020 Committee of the Whole meeting and subsequent August 03, 2020 Regular August 24, 2020 Special
November 9, 2020 Committee of the Whole and subsequent November 16, 2020 Regular Meeting Consent Agenda.
Attachment: Draft Flood Plain Ordinance
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NOTE: Shaded text denotes changes made after the Transportation and
Infrastructure Committee packet of July 20, 2020. See shaded
text in the ordinance title on page 1, and on pages 2 and 11.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2038
2633, INTERIM FLOOD PLAIN MANAGEMENT REGULATIONS AS
CODIFIED AS (TUKWILA MUNICIPAL CODE (TMC) CHAPTER
16.52); REENACTING TMC CHAPTER 16.52 TO UPDATE FLOOD
PLAIN MANAGEMENT REGULATIONS AND POLICIES AS
REQUIRED OF JURISDICTIONS PARTICIPATING IN THE
NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
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, in Title 86 of the Revised Code of Washington, the Legislature of the
State of Washington 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
floodplain construction permit process; and
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WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony on the proposed ordinance; and
WHEREAS, review by the Washington State Department of Commerce, as well as
a SEPA (State Environmental Policy Act) comment and appeal period and final
determination, were required prior to adoption of final flood plain management
regulations, and were not expected to be complete prior to the FEMA deadline for
adoption of updated flood plain management regulations; and
WHEREAS, on July 24, 2020, the Department of Commerce notified the City of
Tukwila that it had met the Growth Management notice to state agency requirements in
RCW 36.70A.106 on the flood plain management regulations; and
WHEREAS, on August 17, 2020, the Tukwila City Council adopted Ordinance No.
2633, which implemented interim flood plain management regulations; and
WHEREAS, on August 18, 2020, the City of Tukwila issued a Determination of
Non-Significance (DNS) on the flood plain management regulations; and
WHEREAS, on August 24, 2020, the Tukwila City Council held a public hearing on
the interim ordinance for flood plain management regulations, including Findings of Fact
and/or Conclusions, as required within 60 days of the adoption of the interim ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2038 2633, “Interim Flood Plain
Management Regulations” as codified as (Tukwila Municipal Code (TMC) Chapter
16.52, “Flood Plain Management,”) is hereby repealed.
Section 2. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re-
enacted to read as follows:
CHAPTER 16.52
FLOOD PLAIN MANAGEMENT
Sections:
16.52.010 Authority Statutory Authorization
16.52.020 Purpose
16.52.030 Definitions
16.52.040 Applicability
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
16.52.060 Interpretation
16.52.070 Warning and Disclaimer of Liability
16.52.080 Administration
16.52.090 Permits
16.52.100 Standards
16.52.110 Floodways
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16.52.120 Critical Facility
16.52.125 Compliance
16.52.130 Penalties
16.52.140 Abrogation and Greater Restrictions
Section 3. TMC Section 16.52.010 is hereby reenacted to read as follows:
16.52.010 Authority Statutory Authorization
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.
Section 4. TMC Section 16.52.020 is hereby reenacted to read as follows:
16.52.020 Purpose
This chapter 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:
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; and.
9. Participate in and maintain eligibility for flood insurance and disaster relief.
Section 5. TMC Section 16.52.030 is hereby reenacted to read as follows:
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
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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.
1. Alteration of watercourse: Any action that will change the location of the
channel occupied by water within the banks of any portion of a riverine waterbody.
42. Appeal: means A request for a review of the interpretation of any
provision of this chapter or a request for a variance.
3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH
(or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or
greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow. Also referred to as the sheet flow area.
4. Area of special flood hazard: The land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any given year. It is
shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99,
AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the
phrase “area of special flood hazard”.
5. ASCE 24: The most recently published version of ASCE 24, “Flood
Resistant Design and Construction”, published by the American Society of Civil
Engineers.
56. Base flood: means The flood having a 1% 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.
7. Base Flood Elevation (BFE): The elevation to which floodwater is
anticipated to rise during the base flood.
68. Basement: means Any area of the building having its floor sub-grade
(below ground level) on all sides.
9. Building: See "Structure.”
10. Building Code: The current editions of the building codes and
amendments adopted by Washington State and amended by the City of Tukwila.
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11. Breakaway wall: A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
712. 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 that produce, use, or store hazardous materials or hazardous waste.
813. 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 or storage
of equipment or materials located within the area of special flood hazard.
914. Director: means The Director of Public Works or his designee.
10. "DOE" means the Department of Ecology.
15. Elevation Certificate: An administrative tool of the National Flood
Insurance Program (NFIP) that can be used to provide elevation information, to
determine the proper insurance premium rate and to support a request for a Letter of
Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
1116. Elevated building: me ans For insurance purposes, a non-basement
building which that has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
17. Essential facility: This term has the same meaning as “Essential Facility”
defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies
that are essential facilities.
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 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.
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16. "FEMA" means Federal Emergency Management Agency.
17. "FIRM" means Flood Insurance Rate Map.
18. Flood or Flooding: means
(a) A general and temporary condition of partial or complete inundation of
normally dry land areas from:
a.(1) The overflow of inland or tidal waters; and/or
b.(2) The unusual and rapid accumulation or runoff of surface
waters from any source.; and/or
(3) Mudslides (i.e., mudflows), which are proximately caused by
flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event that results in flooding as defined in
subparagraph (a)(1) of this definition.
19. Flood elevation study: An examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-
related erosion hazards. Also known as a Flood Insurance Study (FIS).
20. Flood Insurance Rate Map (FIRM): means The official map of a
community on which the Federal Insurance Administrator has delineated both the areas
of special flood hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
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.
21. Floodplain or flood-prone area: Any land area susceptible to being
inundated by water from any source. See "Flood or Flo oding.”
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.
22. Floodplain Administrator: The community official designated by title to
administer and enforce the floodplain management regulations.
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23. Floodplain management regulations: Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
application of police power. The term describes such state or local regulations, in any
combination thereof, that provide standards for the purpose of flood damage prevention
and reduction.
24. Flood proofing: Any combination of structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate risk of flood
damage to real estate or improved real property, water and sanitary facilities , structures,
and their contents. Flood-proofed structures are those that have the structural integrity
and design to be impervious to floodwater below the Base Flood Elevation.
2325. 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 a
designated height. Also referred to as "Regulatory Floodway.”
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.
26. Functionally dependent use: A use that cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long-term storage or related manufacturing facilities.
27. Highest adjacent grade: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
28. Historic structure: Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with
historic preservation programs that have been approved by the Secretary of the
Interior; or
d. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior, or
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(2) Directly by the Secretary of the Interior in states without approved
programs.
2429. Lowest floor: means The lowest floor of the lowest enclosed area
(including basement). If aAn unfinished or flood-resistant enclosure, is used usable
solely for vehicle parking of vehicles, building access, or storage, if this enclosure is in
an area other than a basement area, and if this enclosure is not considered a building’s
lowest floor, provided that such enclosure in an area other than a basement is not built
so that as to render the structure meets in violation of the applicable non-elevation
design requirements of this chapter (i.e. provided there are adequate flood ventilation
openings) for nonresidential construction, the enclosure is not considered the structure’s
lowest floor.
2530. Manufactured home: A structure, transportable in one or more
sections, that is built on a permanent chassis and is 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.”
2631. 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.
32. Mean sea level: For purposes of the National Flood Insurance Program,
the vertical datum to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
2733. New construction: For the purposes of determining insurance rates,
structures for which the “start of construction” commenced on or after 1981, the
effective date of Tukwila’s original floodplain management regulations an initial Flood
Insurance Rate Map or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
“new construction” means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures .
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.
2934. "NFIP" means National Flood Insurance Program.
35. One-hundred-year flood or 100-year flood: See "Base flood.”
36. Reasonably safe from flooding: Development that is designed and built
to be safe from flooding based on consideration of current flood elevation studies,
historical data, high water marks and other reliable data known to the community. In
unnumbered “A” zones where flood elevation information is not available and cannot be
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obtained by practicable means, “reasonably safe from flooding” means the lowest floor
is at least two feet above the Highest Adjacent Grade.
3037. Recreational vehicle: A vehicle:
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 not for use as a permanent dwelling but 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.
3238. "Special Flood Hazard Area (SFHA)": 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 designa ted by the City.
33. "SFHA" means Special Flood Hazard Area.
3439. Start of construction: means Includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement
occurred was within 180 days from the date 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 and/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.
3540. Structure: means For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally above ground,
as well as a manufactured home.
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3641. 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 percent of the market value of the structure before the
damage occurred.
3742. Substantial improvement: means Any repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the assessed market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term does
not, however, include either:
(1)a. Before the improvement or repair is started, or Any project for
improvement of a structure to comply with correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the minimum which is
necessary to assure safe living conditions; or
(2)b. Before damage occurred, if the structure is being restored Any
alteration of a "historic structure," structure listed on the National Registry of Historic
Places or a State inventory of historic places provided that the alteration will not
preclude the structure's continued designation as a "historic structure.”
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:
43. Variance: A grant of relief by a community from the terms of a floodplain
management regulation.
44. Violation: The failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is a grant of relief by a community from the terms of a
floodplain management regulation.
45. Water surface elevation: The height, in relation to the vertical datum
utilized in the applicable flood insurance study of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
46. Water Dependent: A structure for commerce or industry that cannot exist
in any other location and is dependent on the water by reason of the intrinsic nature of
its operations.
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Section 6. TMC Section 16.52.040 is hereby reenacted to read as follows:
16.52.040 Applicability
This chapter applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
Section 7. TMC Section 16.52.050 is hereby reenacted to read as follows:
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
A. The basis for special flood hazard areas identified by the Federal Insurance
Administratorion is in a scientific and engineering report entitled “The Flood Insurance
Study (FIS) for King County, Washington and Incorporated Areas” dated December 6,
2001 August 19, 2020, and any revisions thereto, with an accompanying Flood
Insurance Rate Maps (FIRMs) dated August 19, 2020 dated August 19, 2020, and any
revisions thereto, are hereby adopted by reference and declared to be a part of this
chapter. The Flood Insurance Study FIS and the FIRMs are on file at 6300
Southcenter Boulevard, Suite 100.
B. The best available information for flood hazard area identification as outlined in
TMC Section 16.52.080.BC.2 shall be the basis for regulation until a new FIRM is
issued which incorporates this data.
Section 8. TMC Section 16.52.060 is hereby reenacted to read as follows:
16.52.060 Interpretation
In the interpretation and application of TMC Chapter 16.42, 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.
Section 9. TMC Section 16.52.070 is hereby reenacted to read as follows:
16.52.070 Warning and Disclaimer of Liability
The degree of flood protection required by TMC Chapter 16.52 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 chapter 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 chapter 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 chapter or any
administrative decision lawfully made hereunder.
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Section 10. TMC Section 16.52.080 is hereby reenacted to read as follows:
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer and, implement,
and enforce this ordinance by granting or denying development permit s applications in
accordance with its provisions. The Floodplain Administrator may delegate authority to
implement these provisions.
B. The Director may:
1. Restrict or prohibit uses which might create a danger development that is
dangerous to health, safety, and property due to water or erosion hazards, or which
might increase result in damaging increases in erosion, or in flood heights or flood
velocities;
2. Require that uses development vulnerable to floods, including facilities
serving such uses, be constructed to protect be protected against flood damage at the
time of initial construction;
3. Control the alteration of surface water features – such as natural
floodplains, stream channels, and natural protective barriers, – that retain which help
accommodate 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.
BC. 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 chapter have be en 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. The site is reasonably safe from flooding.
cd. Review all development permits to determine if the proposed
development is located in the floodway, and ensure that the encroachment provisions of
TMC Section 16.52.110, "Floodways," are met.
e. Notify FEMA when annexations occur in the Special Flood Hazard
Area.
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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
TMC Chapter 16.52.
b. Where flood elevation data is not available either through the Flood
Insurance Study FIS, FIRM, or from another authoritative source (TMC Section
16.52.080), the Director shall review applications for building permits floodplain
development shall be reviewed 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).
3. Changes to Special Flood Hazard Area.
a. If a project will alter the Base Flood Elevation (BFE) or boundaries of
the Special Flood Hazard Area (SFHA), then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a
Letter of Map Change, then the project proponent shall initiate, and receive approval of,
a Conditional Letter of Map Revision (CLOMR) prior to approval of the development
permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
b. If a CLOMR application is made, the project proponent shall also
supply the full CLOMR documentation package to the Floodplain Administrator to be
attached to the floodplain development permit, including all required property owner
notifications.
34. 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 through appropriate notification
means. (44 CFR 60.3(b)(6))
b. Require that maintenance be provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
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45. InformationManagement to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood
Insurance Study, FIS, FIRM, or required as in TMC Section 16.52.080.BC.2, obtain and
maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the
lowest floor (including basement) 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 nonresidential
structures where base flood elevation data is provided through the Flood Insurance
Study, FIS, FIRM, or as required in TMC Section 16.52.080, BC.2:
(1) Obtain and maintain a record of 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 Section
16.52.090, D.3.
c. Certification required by TMC Section 16.52.110.A.1.
d. Records of all variance actions, including justification for their
issuance.
e. Improvement and damage calculations.
cf. Maintain for public inspection all records pertaining to the provisions of
this ordinance.
Section 11. TMC Section 16.52.090 is hereby reenacted to read as follows:
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 Section
16.52.050. The permit shall be for all structures including manufactured homes, as set
forth in the “Definitions,” and for all development including clearing, filling, grading, and
other activities, also as set forth in the “Definitions.”
B. Application for an FZCP shall be submitted with the project application for a
clearing and grading permit, 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 Section 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 (including
basement) of all structures recorded on a current elevation certificate with Section B
completed by the Floodplain Administrator;
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2. Elevation in relation to mean sea level to which any structure has been
flood-proofed;
3. Where a structure is to be flood-proofed, certification by a registered
professional engineer or architect that the flood-proofing methods for any nonresidential
structure meet the flood-proofing criteria in TMC Section 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.;
5. Where development is proposed in a floodway, an engineering analysis
determination of no rise of the Base Flood Elevation, and
6. Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
Section 12. TMC Section 16.52.100 is hereby reenacted to read as follows:
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 , including those
related to manufactured homes, shall be anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
b. All manufactured homes must likewise shall 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).
3. Construction Materials and Methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements on slopes shall
have drainage paths to guide floodwaters around and away from proposed structures.
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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.
4. Storage of Materials and Equipment.
a. The storage or processing of materials that could be injurious to
human, animal, or plant life if released due to damage from flooding are prohibited in
special flood hazard areas.
b. Storage of other material or equipment may be allowed if not subject to
damage by floods and if firmly anchored to prevent flotation, or if readily removable from
the area within the time available after flood warning.
45. 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 173-160-171) and be located on high ground that is not in the floodway ;
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.
56. Subdivisions Proposals and Development. All subdivisions, as well as new
development shall:
a. All subdivision proposals shall bBe consistent with the need to
minimize flood damage;
b. All subdivision proposals shall hHave 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 hHave 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 Where subdivision
proposals and other proposed developments that contain at least greater than 50 lots or
5 acres (whichever is less the lesser), base flood elevation data shall be included as
part of the application.
B. Specific Standards. In all areas of special flood hazards where Base Flood
Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC
Section 16.52.080.C.2, the following provisions are required:
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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. Mechanical equipment and utilities shall be
waterproofed or elevated one or more feet 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 elevated as
required by ASCE 24, whichever is greater, or together with attendant utility and
sanitary facilities, shall:
(1) Be dry 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 or dry flood-proofed to the elevation required by ASCE 24, whichever
is greater;
(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 onthat engineer's or architect's
their development and/or review of the structural design, specifications and plans . Such
certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5.
b. Nonresidential structures that are elevated, not flood-proofed, must
meet the same standards for space below the lowest floor as described in TMC Section
16.52.100, B.1.b., for residential construction.
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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). Flood-proofing the building an additional foot will
reduce insurance premiums significantly.
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 shall 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.
5. Enclosed Areas Below the Lowest Floor: If buildings or manufactured
homes are constructed or substantially improved with fully-enclosed areas below the
lowest floor, the areas shall be used solely for parking of vehicles, building access, or
storage.
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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:
1. Construction/Reconstruction of Dikes/Levees: As part of the flood-proofing
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 riverbank 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.
Section 13. TMC Section 16.52.110 is hereby reenacted to read as follows:
16.52.110 Floodways
A. Floodways are lLocated within areas of special flood hazard areas established
in TMC Section 16.52.050 are areas designated as floodways . Floodwaters within
Since the floodways are is an extremely hazardous area due to the high flow velocities
velocity These waters of floodwaters that can carry debris and potential projectiles, and
have a high potential for erosion increase erosion potential, the following provisions
apply:
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.
21. No Rise Standard. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development, unless certification by a registered
professional engineer certifies, is provided demonstrating, 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.
3. Prohibit construction of new residential structures.
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:
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a. before the repair, or reconstruction is started, or
b. if the structure has been damaged, and is being restored, before the
damage occurred.
2. Residential Construction in Floodways. Construction or reconstruction of
residential structures is prohibited within designated floodways, except for: (i) repairs,
reconstruction, or improvements to a structure that do not increase the ground floor
area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either, (a) before the
repair or reconstruction is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and which that are the
minimum necessary to assure safe living conditions, or to structures identified as
historic places, shall not be included may be excluded in the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential structures located in a
designated floodway, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion,
channel migration, debris load potential, and flood warning capability, the Department of
Ecology may exercise best professional judgment in recommending to the local
permitting authority repair, replacement, or relocation of a substantially damaged
structure consistent with WAC 173-158-076. The property owner shall be responsible
for submitting to the local government and the Department of Ecology any information
necessary to complete the assessment. Without a favorable recommendation from the
Department for the repair or replacement of a substantially damaged residential
structure located in the regulatory floodway, no repair or replacement is allowed per
WAC 173-158-070(1).
b. Before the repair, replacement, or reconstruction is started, all
requirements of the NFIP, the state requirements adopted pursuant to 86.16 RCW, and
all applicable local regulations must be satisfied. In addition, the following conditions
must be met:
(1) There is no potential safe building location for the replacement
residential structure on the same property outside the regulatory floodway.
(2) A replacement residential structure is a residential structure built
as a substitute for a legally existing residential structure of equivalent use and size.
(3) Repairs, reconstruction, or replacement of a residential structure
shall not increase the total square footage of floodway encroachment.
(4) The elevation of the lowest floor of the substantially damaged or
replacement residential structure is a minimum of one foot higher than the Base Flood
Elevation .
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(5) New and replacement water supply systems are designed to
eliminate or minimize infiltration of floodwater into the system.
(6) New and replacement sanitary sewerage systems are designed
and located to eliminate or minimize infiltration of floodwater into the system and
discharge from the system into the floodwaters.
(7) All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
CB. All Other Building Standards Apply in the Floodway . If proposed work
satisfies TMC 16.52.100, B.1-4, TMC Section 16.52.110.A.1 is satisfied or construction
is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial
improvements shall comply with all applicable standards in flood hazard reduction
provisions of TMC Section 16.52.100.
Section 14. TMC Section 16.52.120 is hereby reenacted to read as follows:
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 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.
Section 15. TMC Section 16.52.125 is hereby established to read as follows:
16.52.125 Compliance
All development within special flood hazard areas is subject to the terms of this
ordinance and other applicable regulations.
Section 16. TMC Section 16.52.130 is hereby reenacted to read as follows:
16.52.130 Penalties
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined not more than $1,000, or imprisoned for not more than 90 days, or both, for
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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 17. TMC Section 16.52.140 is hereby reenacted to read as follows:
16.52.140 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 19. Severability. This ordinance and the various parts thereof are hereby
declared to be severable. Should any Section of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the Section so declared to be
unconstitutional or invalid.
Section 20. 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 full 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 ____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
94
City of Tukwila
City Council Transportation & Infrastructure Committee
Meeting Minutes
July 20, 2020 – 5:30 p.m. – Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Henry Hash, Hari Ponnekanti, Han Kirkland, Gail Labanara,
Mike Perfetti, Greg Villanueva, Ryan Larson, Cyndy Knighton, Adib Altallal,
Laurel Humphrey
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Ordinance: Flood Plain Management & Map Update
Staff is seeking Council consideration of an ordinance that will update the Flood Plain
Management Ordinance in accordance with new federal and state regulations and adopt
revised Flood Insurance Rate Maps.
Item(s) needing follow-up
Add further description of significant changes to informational memo.
Committee Recommendation
Unanimous approval. Forward to July 27, 2020 Committee of the Whole for Public Hearing
B. Bid Award: 2020 Overlay and Repair Program Project
Staff is seeking Council approval of a construction contract to Miles Resources, LLC for the
2020 Overlay & Repair Program in the amount of $299,449.05. This will include pavement
repairs and asphalt overlay on S. 158th St. from 39th Pl S to 42nd Ave S and 54th Ave S from S
166th St to Slade Way, previously authorized by Council.
Committee Recommendation
Unanimous approval. Forward to July 20, 2020 Regular Meeting.
C. Bid Award: 2020 Strander Boulevard and Andover Park East Sewer Repair
Staff is seeking Council approval of a construction contract to R. L. Alia Company in the
amount of $258,830.00 for repair of a failing pipe at the intersection of Andover Park East
and Costco Drive and along Strander Boulevard.
Committee Recommendation
Unanimous approval. Forward to July 20, 2020 Regular Meeting.
95
City of Tukwila
City Council Transportation & Infrastructure Committee
Meeting Minutes
August 3, 2020 – 5:30 p.m. – Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Hari Ponnekanti, Han Kirkland, Gail Labanara, Joseph Todd,
Joel Bush, Adam Cox, Ryan Larson, and Scott Bates
Chair Delostrinos Johnson called the meeting to order at 5:32 p.m.
I. BUSINESS AGENDA
A. Ordinance: Astound Franchise 1-Year Extension
Staff is seeking Council approval of an ordinance that will extend the franchise term with
Astound Broadband, LLC to August 11, 2021 and allow for additional one-year extensions.
Item(s) needing follow-up
Provide an updated memo showing a map of the Astound coverage area, if the City can get a
better deal on I-net and continue negotiations to assist the City with coverage in underserved
areas.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of Whole.
B. Ordinance: Interim Flood Plain Management
Staff is seeking Council approval of an ordinance to adopt interim Flood Plain
Management regulations in compliance with FEMA requirements.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of the Whole.
C. 42nd Avenue South Bridge Closure
Committee members and staff discussed the recent three-day closure of the 42nd Avenue
South Bridge, including lessons learned and improvements for future road/bridge
closures.
Committee Recommendation
Discussion only.
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