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HomeMy WebLinkAboutOrd 1220 - Flood Plain Management and Flood Damage Prevention Policies (Repealed by Ord 1462) 1 f:«1 C ACTION 3 IO�R DATE ACTIO'1 TYPE ITEM 1 e s Z C i?W. CITY gP OF TuK WILV ff WASHINGTON AMENDED BY 11 ORD. n. I ORDINANCE NO. 1220 v 1V `J c AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING FLOOD PLAIN MANAGEMENT AND DEVELOP RLpEALL-0 MENT PERMIT PROCEDURE AND SETTING FORTH FLOOD DAMAGE PREVENTION POLICIES FOR THE CITY AS RE- QUIRED OF JURISDICTIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, certain geographic areas of the City of Tukwila are subject to periodic inundation which might result in personal injury or loss of human life, loss of or damage to property and disruption of com- merce and government services, and WHEREAS, the legislature of Washington State, in Title 86 of the Revised Code of Washington, has authorized local governmental agencies to regulate use and development of flood- hazard areas within their juris- dictions 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 manage- ment standards and a flood plain construction permit process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. Unless specifically defined below, the words or phrases used in this ordiannce shall be interpreted to give them the meaning they have in common usage: 1. "AREA 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. 2. "BASE FLOOD" means that level of water reached by a flood within the city which has a one percent (1 chance of being equaled or exceeded in any given year, as depicted by or represented by the Flood Profiles and Flood Boundary and Floodway Maps contained in the Flood In- surance Study. 3. "DEVELOPMENT" means any man -made change to improved or un- improved buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the floodway or flood plain as defined in this ordinance. Development specifically in- cludes placement of mobile homes on land, whether or not placement is with- in an existing or new mobile home park. 4. "DIRECTOR OF PUBLIC WORKS" OR "DIRECTOR" means the duly ap- pointed Director of Public Works of the City of Tukwila or such person or persons as he /she may designate to represent him. 5. "FLOOD" OR "FLOODING" means a general and temporary condition of partical or complete inundation of normally dry land areas from: A. The overflow of inland or tidal. waters and /or B. The unusual and rapid accumulation of runoff .of -sur- face waters from any source. 6. "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated the base flood level and the risk premium zones applicable to the City of Tukwila. 7. "FLOOD INSURANCE STUDY" means that document compiled by the Federal Emergency Management Agency entitled Flood Insurance Study, City of Tukwila, Washington, plus any maps including flood profile maps, flood boundary and floodway maps, and flood insurance rate maps issued by HUD Federal Insurance Administration, and as hereafter revised or amended by the Army Corps of Engineers or HUD, copies of which are available for re- view in the Tukwila Planning Department. 8. "FLOOD PLAIN" means the relatively flat areas or lowlands adjoining the channel of a river, stream, water course, lake, or other body of water, which have been or may be covered by flood water. For the purpose of this chapter, "flood plain" includes those areas now or hereafter included within the City of Tukwila defined as "land within a community subject to a one percent (1 or greater chance of flooding in any given year" and as indicated on the Flood Profiles and the Flood Bound- ary and Floodway Maps included in the 1981 Flood Insurance Study. In the areas not included in said reports, the flood plain includes all areas subject to 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 flood plain 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. Data utilized by the 1981 Flood Insurance Study; B. Changes in elevations of areas within the flood plain, occurring since the last revision affecting such area; C. Channel changes. 9. "FLOOD PROOFING" means any combination of structural changes and nonstructural additions, changes, or adjustments to structures which eliminate flood damage to real estate, water and sanitary facilities, struc- tures, and their contents, and which is so certified by a registered profes- sional engineer, including but not limited to those provided for in this chapter and as required by the Director of Public Works. 10. "FLOOD WAY" means the channel of a river or other water course 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 at any point. For the purposes of this chapter, the present limits of the floodway are those designated on the Flood Boundary and Flood way Map contained in the 1981 Flood Insurance Study. The location of the floodway 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. Data utilized by the 1981 Flood Insurance Study; B. Changes in elevations of areas within the floodway, occurring since the last revision affecting such area; C. Channel Changes. 11. "HABITABLE FLOOR" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." 12. "MOBILE HOME" includes the term "HOUSE TRAILER" and means a structure transportable in one or more section which is built on a per- manent chassis and designed to be used with or without a permanent foun- dation when connected to the required utilities. It does not include rec- reational vehicles or travel trailers. 13. "MOBILE HOME PARK" shall be defined as provided in Section 5.32.010 of the Tukwila Municipal Code, or as subsequently amended. 14. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. 15. "START OF CONSTRUCTION" means the first placement of per- manent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of 2 excavation. 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 of accessory buildings on property, such as garages or sheds not occupied as dwelling units or not a part of the main structure. 16. "STRUCTURE" means that which is built or constructed, an edi- fice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 17. "RESIDENTIAL DWELLING UNIT" means any structure having its own sleeping, housekeeping, and kitchen facilities, any part of which is designed, intended, and used primarily for living purposes. 18. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50 of the appraised market value of the structure either: A. Before the improvement or repair is started; or B. Before the damage occurred if the structure has been damaged and is being restored. For the purposes of this definition, "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Section 2. Applicability This ordinance shall apply to all areas of special flood hazard within the City of Tukwila, as identified by the Flood Boundary and Flood way Map (Exhibit 2) of the 1981 Flood Insurance Study, or as it is here- after interpreted by the Director of Public Works, revised or amended. Section 3. Development Permit Process. A. Permit Required: A development permit shall be obtained before any person, persons, firm, corporation or other entity begins construction or development activity within the flood plain or floodway as established in Section 2 of this ordinance. B. Permit Application: Application for a development permit shall be made by the property owner or authorized agent to the Director of Public Works on forms provided by the City. 1. The application shall be accompanied by an unrefundable filing fee of $50.00. 2. Graphic material in support of the application shall include a plot plan, prepared at an appropriate scale as specified by the Director of Public Works and shall include the following minimum content: a. Land area to be developed indicating location of adjacent streets and all private rights -of -way, existing and proposed; b. A legal boundary survey; c. Existing and proposed finished grades of the prop- erty with all drainage features; d. Location of all proposed structures, together with the usage to be contained therein and approximate lo- cation of all entrances thereto and height and gross floor area thereof; e. Location and nature of vehicular and pedestrian circulation features within the site on adjacent streets and alleys; 3 f. The extent, location, arrangement, and proposed im- provements of all off street parking and loading facilities; g. Location, nature, and dimensions (where applicable) of all utilities; 3. Where topographic data, engineering, and other studies are needed to determine the effects of flooding on pro- posed construction, development, or substantial improve- ment, or their effect on the flow and /or level of water, the Director of Public Works shall require the applicant to submit such data or other studies prepared by a regis- tered professional engineer. 4. The Public Works Director shall, within 30 days of the date upon which the development permit application is re- ceived, approve; approve with conditions; or deny said application. Any person or entity aggreived by the de- cision of the Public Works Director may appeal such de- cision as provided in Section 6 of this ordinance. C. Limitation of Liability: The granting of a development permit pursuant to Section 3 for construction, development, or substantial improve- ment shall not constitute a representation, guarantee, or warranty of any kind or nature by the City of Tukwila, or by any officer or employee thereof, concerning the practicality or safety of any development, construction, or substantial improvement and shall create no liability upon or cause of action against such public body, officer, or employee for any damage that may result from said land use permitted. D. Administration: 1. Administering Authority: The Director of Public Works is hereby appointed to administer and implement the pro- visions of this ordinance by approving; approving with conditions; or denying development permit applications. 2. Duties and Responsibilities: The duties and responsi- bilities of the Public Works Director under this ordi- nance shall include, but not be limited to the following: a. Interpretation of Flood Hazard Boundary Map: The Public Works Director shall make interpretations, where needed, of the exact location of the boundaries of the areas of floodway and flood plain (such as an instance of conflict between a mapped boundary and actual field conditions). A written request for interpretation of boundary location shall be made to the Public Works Director who shall respond within 15 days with a writ- ten determination of the boundary location. The writ- ten determination shall reference supporting documenta- tion, and the Director's interpretation may be appealed as provided in Section 6 of this ordinance. b. Development Permit Review: 1. Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of this ordinance are met. 2. 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. Alteration of Watercourses: 1. The Public Works Director shall notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Flood Administration. 4 2. The Director shall further require that main- tenance is provided within the altered or relocated portion of said watercourse so that the flood carry- ing capacity therefore is not diminished. d. Annual Report: The Public Works Director shall sub- mit an annual report to the Federal Insurance Administrator concerning community participation in the program, includ- ing, but not limited to granting of flood plain variances and the development and implementation of flood plain man- agement regulations. For this purpose, the annual report form as set forth in Federal Register, Volume 41, No. 207, Page 46974, issued October 26, 1976, shall be used. e. Record Keeping: The Director of Public Works shall maintain a record of the following information and provide same to the public upon request: 1. All interpretations of the exact location of the boundaries of the areas of floodway and flood plain. 2. All flood plain appeal decisions passed by the Board of Adjustment. 3. The actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved struc- tures located in the floodway of flood plain, and whether or not the structure contains a basement. 4. For all new or substantially improved flood proofed structures: The actual elevation (in relation to mean sea level), to which the structure has been flood proofed. Maintain the flood proofing certifications required in Section 2 of this ordinance. Section 4. Standards and Guidelines. In all areas designated as Flood Plain or Floodway, the following standards for construction, development and substantial improvement must be met as approved by the Director of Public Works. 1. The Director shall ensure that the proposed construction is consistent with other land use regulations of the City. If the Director deems it necessary to obtain further review, either for land use or flood protections regulations, the Director of Public Works may refer the matter for advice to the appropriate city department, decision making body or out- side agency. 2. Placement of fill in the flood plain shall be of material that will not be eroded by the flowing water. 3. No new residential structure shall be allowed in the flood plain. No residential structures except those presently existing at the time that this ordinance takes effect shall be permitted in the flood plain. 4. Flood- proofing: Construction, material and utility improvement standards. A. All new construction and substantial improvements shall be constructed with materials and utility equipment using methods and practices designed to eliminate flood damage. New construction and substantial improvement of any commercial, industrial or other non residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood ele- vation; or, together with attendant utility and sanitary facilities, shall be certified by a registered profes- sional engineer that the standards of this subsection are satisfied. Such certification shall be provided to the Director of Public Works. B. Mechanical and electrical fixtures, outlets, and equipment shall be installed a minimum of 18" above the base flood level. 5 C. Building materials utilized for construction below the base flood level shall be materials that will not be damaged by exposure to water and have structural compo- nents capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. D. Installation of dikes, floodgates, or other facilities preventing intrusion of a base flood into the structure shall be deemed to satisfy the requirements of "B" and "C" above. 5. Standards for Flood Hazard Reduction. A. Subdivision Review: All formal subdivisions proposed under Title 17 of the Tukwila Municipal Code shall be reviewed for flood control integrity according to the following minimum principles: All subdivision proposals shall be consistent with the need to eliminate flood damage; All subdivision proposals shall have public utilities such as sewer, gas, electrical, and water systems located and constructed to eliminate flood damage; All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; Base flood elevation data shall be provided for all formal subdivision proposals of 5 lots or more. B. Utility Construction and Upgrading: The following minimum standards shall apply: All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters; On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Storage: The following minimum standards shall apply: All underground tanks or storage facilities located within the flood plain shall be anchored to prevent floatation if flooding occurs; No hazardous materials or chemicals shall be stored in the flood plain except in a manner which will pre- vent leakage, release, seepage or spillage. Section 5: Structures in the Floodway. 1. All existing structures in the floodway shall be considered nonconforming structures under this chapter, and any such structure shall not, if destroyed, abandoned, or removed or which otherwise requires sub- stantial improvement, be replaced, repaired, or substantially improved. 2. No construction, development, or substantial improvements shall be placed in the floodway except bridges, utilities, bulkheads, diking, retaining walls, or any other flood management or control device. 3. Any fill or excavation in the floodway may be permitted if such excavation or fill will not cause an increase in flood levels during the occurrence of the base flood discharge, and will not be eroded or other- wise damaged by flowing water. In such cases, hydraulic calculations signed by a registered professional civil or hydraulic engineer substantiating the adequacy of such excavations shall be submitted to the Director of Public Works. 6 4. All construction, development, or substantial improvements shall be so located as to allow for cleaning, removal of obstructions and debris, and other maintenance of the channel of the stream as it is now located or likely to be relocated. 5. All permanent structures now occupying the Flood Plain shall, if destroyed, removed, or which otehrwise require substantial improvement, be replaced only by a structure meeting the requirements of this ordinance for construction or development. Section 6: Appeal Process. Appeals provided for in this chapter shall be governed by this section: 1. Notice of Appeal. Notice of appeal shall be filed with the Tukwila Planning Department in letter form within fifteen (15) days of receipt of or notification from the Director of Public Works to the ap- plicant of: A. Denial, approval, or conditional approval of a develop- ment permit; or B. Written interpretation of the Flood Hazard Boundary Maps. Said notice of appeal 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 Board of Adjustment. Notice of appeal shall be referred by the Planning Department to the Board of Adjustment for a public hearing. 3. Notice of Public Hearing. Notice of the time and place for a public hearing for an appeal of a decision of the Director of Public Works shall be given by the Planning Department 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 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 Board of Adjustment, within thirty (30) days after the public hearing, shall issue a written decision accompanied by a statement of the reasons therefor. Section 7: Duty to obtain other permits. The development permit described in Section 3 of 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 Develop- ment Permit be considered an authorization to construct under the Uniform Building Code as adopted by Tukwila City Ordinance No. 1152. Nothing in this ordinance shall relieve the applicant from obtaining all required permits, licenses and approvals required for the proposed project under applicable Fed- eral, State and Local provisions of law. Section 8: General Penalty Provisions Any person violating or failing to comply with any requirements of any provision of this chapter is guilty of a misdemeanor, which shall be punishable by a fine not to exceed five- hundred dollars ($500) or by imprisonment not to exceed six (6) months, or by both such fine and im- prisonment. Section 9: Severability. If any section, subsection, sentence, clause or phrase of this chapter or its application to any person or circumstance is for any reason 7 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 this /s i day of C i�c t 1981. ,,,----1 4de-a Mayo ATTEST: i 4 Cftl C1'erk Approved as to Form 144A4 Z C ty Attorney, Lawrence E. Hard Published Record Chronicle June 24, 1981 8