HomeMy WebLinkAboutOrd 1462 - Flood Plain Management and Model Flood Damage Prevention Policies (Repealed by Ord 2038)
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CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. /17` C R
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
REPEALING ORDINANCE NOS. 1220 AND 1225 AND AMENDING
CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE TO MEET
THE NEW FEDERAL REGULATIONS, EFFECTIVE OCTOBER 1,
1986, FOR FLOOD PLAIN MANAGEMENT AND MODEL FLOOD
DAMAGE PREVENTION POLICIES AS REQUIRED OF JURISDIC-
TIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE
PROGRAM.
WHEREAS, the legislature of Washington State, in Title 86 of the Re-
vised Code of Washington, has authorized local governmental agencies to regulate
use and development of flood- hazard areas within their jurisdictions in order to
reduce such hazards, and
WHEREAS, continued participation by the City of Tukwila in the National
Flood Insurance Program requires adoption of flood plain management standards
and a flood plan construction permit process, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Repealer. Ordinances 1220 and 1225 of the City of Tukwila
are hereby repealed.
Section 2. Flood Plain Management. Chapter 16.52 of the Tukwila Muni-
cipal Code is hereby amended to read as follows:
16.52.010 FINDINGS
The City Council of the City of Tukwila finds that:
A. The City has entered into the Green River Management Agreement with
other jurisdictions to create policies and requirements for the manage-
ment of drainage into the Green River.
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 adequate bank protection of properties.
16.52.020 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 #2;
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
over and under the floodway;
H. Qualify the City of Tukwila and existing homes and businesses for par-
ticipation 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).
16.52.030 POLICIES FOR REDUCING FLOOD LOSSES
16.52.040 DEFINITIONS
FLOOD ZONE ORDINANCE
Page 2
In order to accomplish its purpose, this chapter 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 improvement plan (Green River Management
Plan).
D. To assure adequate levees /dikes are provided throughout the City.
E. Require easements and rights -of -way to maintain future dike /levee sys-
tems.
F. To preserve natural river bank barriers, control filling, grading,
dredging and other development which will unnaturally divert floodwaters
or which may increase flood hazards in other areas.
Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common
usages and to give this chapter its most reasonable application.
A. "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. "AO" is characterized as sheet flow and "AH" indicates
ponding.
B. "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
FLOOD ZONE ORDINANCE
Page 3
C. "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
"100 year flood Designation on maps always includes the letter "A
D. "City" means the City of Tukwila or the City Council of Tukwila.
E. "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.
F. "Director" means the director of the Department of Public Works or his
designee.
G. "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.
H. "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.
I. "Flood Control Zone (FCZ) Permit" means a permit, issued by the City,
authorizing the applicant to develop within the Flood Control Zone. A
Flood Control Zone Permit is not a building or development permit.
J. "Floodplain" means the relatively flat areas of 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 floods at
streamflow rates comparable to those set forth in the 1981 Flood Insur-
ance 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:
1. Date utilized by the 1982 Flood Insurance Study;
2. Changes in elevations of areas within the floodplain, occurring
since the last revision affecting such areas;
3. Channel changes.
K. "Flood Zone Insurance Study" means the official report (Exhibit A) and
documents 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 estab-
lished 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. Floodway Fringe" means that portion of the floodplain from the floodway
to the 100 -year regulatory floodplain.
N. "Lowest Floor" means the lowest floor of the lowest enclosed area (in-
cluding 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 the structure
in violation of the applicable non elevation design requirements of this
chapter found at Section 16.52.070(B)(1)(b).
0. New construction" means structures for which the "start of construc-
tion" commenced on or after the effective date of this ordinance.
P. "Start of construction" includes substantial improvement, and means the
date the building permit was issued, provided the actual start of con-
struction, 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 con-
struction of columns, or any work beyond the stage of excavation; or the
preparation, such as clearing, grading and filling. It does not 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.
Q. "Structure" means a walled and roofed building. "Structure" also means
a gas or liquid storage tank that is principally above ground.
R. "Substantial improvement" means any repair, reconstruction, or improve-
ment of a structure, the cost of which equals or exceeds 50 percent of
the assessed value of the structure either:
1. Before the improvement or repair is started, or
The term does not, however, include:
FLOOD ZONE ORDINANCE
Page 4
2. If the structure has been damaged and is being restored, before the
damage occurred. 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 com-
mences, whether or not that alteration affects the external
dimensions of the structure.
a. Any project for improvement of a structure to comply with
existing state of local health, sanitary, or safety code speci-
fications which are solely necessary to assure safe living
conditions, or
b. Any alteration of a structure listed on the national Registry of
Historic Places or a state inventory of historic places.
16.52.050 THE FLOOD CONTROL ZONE PERMIT PROCESS GENERAL PROVISIONS
A. Lands to which this chapter applies. This chapter 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 with the latest versions of accompanying
flood insurance maps is hereby adopted by reference and declared to be a
part of this chapter. The flood insurance study is on file at Tukwila
Public Works Department.
C. 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, ease-
ment, covenant or deed restriction conflict or overlap, whichever im-
poses the more stringent restrictions shall prevail.
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 of 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 rela-
tion 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 chapter,
all provisions shall be considered as minimum requirements, and 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 chapter is considered reasonable for regulatory pur-
poses 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 area 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 Administra-
tion, for any flood damages that result from reliance on this ordinance
or any administration decision lawfully made hereunder.
I. Administration of Flood Control Zone Permit
1. General Requirements
The initial step in receipt of the application from the developer
is for the Public Works Department to determine if the property
is or is not in a flood hazard area. The developer shall be noti-
fied, 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 documents necessary to
determine the applicability of City regulations to the proposed
structure, development or use shall be provided as requested by the
City.
2. Establishment of development flood control zone permit.
FLOOD ZONE ORDINANCE
Page 5
A Flood Control Zone (FCZ) permit shall be obtained before construc-
tion or development begins within any area of special flood hazard
established in Section 16.52.050(B). The permit shall be for all
structures as set forth in the "definitions and for all develop-
ment including fill and other activities, also as set forth in the
"definitions
3. 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
FLOOD ZONE ORDINANCE
Page 6
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 chapter and the
technical findings and recommendations of the appropriate city
departments. Compliance with the provisions of this chapter 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 Flood Control Zone 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 questions; 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 non-
residential structure shall meet the floodproofing criteria in
Section 16.52.070(B)(2)
d. Description of the extent to which a watercourse will be altered
or relocated as a result of proposed development.
The Director or his (her) designee shall, after other required
agency reviews are completed, indicate approval or disapproval of
the requested flood control zone permit, and if approved, the flood
zone control permit will be issued, with copies to appropriate agen-
cies. If resubmittal of plans is required, the submitted plans will
be returned.
4. Designation of the Director of Public Works
The Director of Public Works is hereby appointed to administer and
implement this chapter by granting or denying development (FCZ)
permit applications in accordance with its provisions.
5. 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 Flood Control Zone (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) Coordinate with the Planning Department to assure that all
development permits located in the floodway meet the
requirements of this chapter and assure that the encroach-
ment provision of Section 16.52.070(C)(1)(Floodways), is
met.
b. Use of Other Base Flood Data
c. Information to be obtained and maintained
(2) For all new or substantially improved structures:
FLOOD ZONE ORDINANCE
Page 7
When base flood elevation data has not been provided in accord-
ance with Section 16.52.050(B), 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 16.52.070.
(1) Where base flood elevation is provided through the flood
insurance study or required as in Section 16.52.050(I)(5)(b)
obtain and record the actual elevation (in relation to the
mean sea level, NGVD of the lowest floor (including base-
ment) of all new or substantially improved structures, and
whether or not the structure contains a basement.
(a) Verify and record the actual elevation relation to mean
sea level, NGVD), and
(b) Maintain the floodproofing certification required in
Section 16.52.050(I)(3)(c).
(3) Maintain for public inspection all records pertaining to the
provisions of this ordinance.
d. Alteration of watercourses
(1) Notify adjacent communities and the Washington State Depart-
ment 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 auth-
orizing any development 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 16.52.060.
6. 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 manage-
ment act of 1971, nor shall said (FCZ) development permit be con-
sidered an authorization to construct under the uniform building
code as adopted by Chapter 16.04 of the Tukwila Municipal Code.
Nothing in this chapter shall relieve the applicant from obtaining
all required permits, licenses and approvals required for the pro-
posed project under applicable federal, state and local provisions
of law.
16.52.060 APPEALS
A. Administrative Appeals
b. Utilities
c. Subdivision Proposals
FLOOD ZONE ORDINANCE
Page 8
1. When it is alleged by the applicant that there is an error in any
requirement, interpretation, or determination made by the Director
of Public Works in the interpretation enforcement or administration
of this chapter, those aggrieved by the decision may appeal such
interpretation or determination to the Mayor. Thereafter, any
appeal shall be to the King County Superior Court by filing an
appropriate action within ten (10) days after the decision is ren-
dered.
16.52.070 PROVISIONS FOR FLOOD HAZARD REDUCTION
A. General Standards.
1. In all areas of special flood hazards, the following standards are
required:
a. Construction Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility materials resistant
to flood damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
3. 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 prevent water from entering or accumulating within the
components during conditions of flooding.
4. All new construction and substantial improvements shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
1. All new and replacement water supply systems shall be de-
signed to minimize or eliminate infiltration of flood waters
into the system;
2. 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,
3. On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flood-
ing.
1. All subdivision proposals shall be consistent with the need
to minimize flood damage;
2. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage pro-
vided to reduce exposure to flood damage; and,
4. Where base flood elevation data has not been provided or is
not available from another authoritative source, it shall be
generated for all subdivision proposals.
d. Review of Building Permits
Where elevation data is not available either through the flood
insurance study or from another authoritative source applica-
tions for building permits 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 flood-
ing, etc., where available. Failure to elevate to at least two
feet above grade in these zones may result in higher insurance
rates.
2. In addition to the General Standards applicable to all areas under
subsection (1), in all areas adjacent to the Green River the follow-
ing standards are required:
a. Construction /Reconstruction of Dikes /Levees
FLOOD ZONE ORDINANCE
Page 9
As part of the floodproofing for developments adjacent to the
Green River through Tukwila, construction or reconstruction of
the dike /levee system in accordance with dike /levee plans and
engineering studies, and in accordance with the Green River
Management Agreement (A.G. #85 -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 protec-
tion, then a river bank stabilization analysis shall be provided
to the Public Works Department for review as part of the plan
submittal.
b. Dedication of levee /dike /river bank 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 /and river banks 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.
B. Specific Standards
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 16.52.050 or Section
16.52.070, 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 requirement must either be certified by a Registered Pro-
fessional 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
C. Floodways
FLOOD ZONE ORDINANCE
Page 10
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to a minimum of one foot
above the level of the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
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 pro-
vision of this subsection based on their development and /or
review of the structural design, specifications and plans. Such
certification shall be provided to the official as set forth in
Section 16.52.050(I)(5)(C)(2).
d. Non residential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor as
described in Section 16.52.070(B)(1)(b).
e. Applicants floodproofing nonresidential buildings shall be noti-
fied 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).
1. Located within areas of special flood hazard established in Section
16.52.050 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:
a. Prohibit encroachment including fill, new construction, substan-
tial improvements and other developments unless certification
by a registered Professional Engineer or licensed architect is
provided demonstrating that encroachments shall not result in
any increase in flood levels during the occurrence of the base
flood discharge.
b. If Section 16.52.070(C)(1) is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 16.52.070.
2. Construction or reconstruction of residential structures is prohi-
bited within designated floodways, except for
a. repairs, reconstruction, or improvements to a structure which do
not increase the ground floor area; and
b. repairs, reconstruction or improvements to a structure the cost
of which does not exceed 50 percent of the market value of the
structure either
(1) before the repair, reconstruction, or repair is started, or
(2) if the structure has been damaged, and is being restored,
before the damage occurred. Work done on structures to
comply with existing health, sanitary, or safety codes or
to structures identified as historic places shall not be
included in the fifty percent determination.
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
16.52.090 SEVERABILITY
FLOOD ZONE ORDINANCE
Page 11
A Flood Control Zone Permit application shall be filedfor all deve-
lopments 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 a Flood Control Zone Permit has been issued
by the City. Such approval shall be based on a review of the provi-
sions 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.
The Director or designee shall, within a reasonable time, after
other required agency reviews are completed, indicate approval or
disapproval of the requested flood control zone permit, with copies
to appropriate agencies, including D.O.E.
Whenever any alteration or relocation of any watercourse is pro-
posed, 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.
16.52.080 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 chapter
and other applicable regulations. Violation of the provisions of this chap-
ter 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 chapter or
fails to comply with any of its requirements shall upon conviction thereof
be fined not more than $500.00 or imprisoned for more than 6 months, for
each violation, and in addition shall pay all costs and expenses involved in
the case. Nothing herein contained shall prevent the City of Tukwila from
taking such other lawful action as is necessary to prevent or remedy any
violation.
If any section, sentence, clause, or phase of this chapter shall be held
to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this
chapter.
Section 3. Effective Date. This ordinance shall take effect and be in
full force five (5) days after publication of the attached summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this /6 day of
1988.
Approved as to Form
Offi of the City Attorney
FILED WITH THE CITY CLERK: S- /4-$'8'
PASSED BY THE CITY COUNCIL: s /4 ?p
PUBLISHED RECORD CHRONICLE: .5- -sgo -gg
EFFECTIVE DATE: £"-as-S'p
ORDINANCE NO. r4,C4;
a
Attest /Authenticated
FLOOD ZONE ORDINANCE
Page 12
'Maine` Anderson, City Clerk
4111MARY OF ORDINANCE NO. /C
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
REPEALING ORDINANCE NOS. 1220 AND 1225 AND AMENDING
CHAPTER 16.52 OF THE TUKWILA MUNICIPAL CODE TO MEET
THE NEW FEDERAL REGULATIONS, EFFECTIVE OCTOBER 1,
1986, FOR FLOOD PLAIN MANAGEMENT AND MODEL FLOOD
DAMAGE PREVENTION POLICIES AS REQUIRED OF JURISDIC-
TIONS PARTICIPATING IN THE NATIONAL FLOOD INSURANCE
PROGRAM.
On /WaN 1988, the City Council of the City
of Tukwila pa-sed Ordinance No. /L/ which provides as
follows: for the repeal of the City of Tukwila Ordinances
1220 and 1225; for the amendment of Chapter 16.52 of the
Tukwila Muncipal Code establishing flood plain management and
providing for severability; and establishes an effective
date.
The full text of this ordinance will be mailed without
charge to anyone who submits a written request to the City
Clerk of the City of Tukwila of a copy of the text.
APPROVED by the City Council at their meeting of
7)c/ 1988.
/5746<A
'MAXI ANDERSON, CITY CLERK
P U s s 11 3)c t News, Mal 40, 1 4PP'
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