HomeMy WebLinkAboutOrd 1790 - Permit Processing Requirements (Repealed by Ord 2038) vJ1LA,
O,' 2 r
GJ i
Qt
isos
V
Tukwila
Cit of
Washington
Ordinance No. I C�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, MAKING A TECHNICAL CORRECTION TO AN
EXISTING CITY ORDINANCE WHICH IMPLEMENTS THE PERMIT
PROCESSING REQUIREMENTS OF RCW CH. 36.70B, AMENDING
SECTIONS 16.52.050 AND 16.52.070 OF THE TUKWILA MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, by Ordinance 1770 the City Council approved procedures to implement the
requirements of RCW ch. 36.70A and 36.70B, and a technical error in Ordinance 1770 has been identified;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ORDAINS AS FOLLOWS:
Section 1. The Flood Control Zone Permit Process General Provisions (TMC 16.52.050). TMC
16.52.050 and Ordinance 1462, §2(part) as amended by Ordinance 1499, §9 are amended as follows:
(a) LANDS TO WHICH THIS CHAPTER APPLIES: This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City.
(b) BASISFOR 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 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) ABROGATIONAND 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.
(d) AUTHORITY: The City, 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 floodplains, 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 appli-
cant, and maintain a record of, the actual elevation (in relation to NGVD datum, mean sea level) of
substantially improved structures within a flood hazard area and whether or not the structure contains a
basement.
(g) INTERPRETA TION. 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.
BADPMT2.D0C 2111197
F
l
(h) WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection required by this
chapter 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
manmade 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, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter 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 notified, in writing, of this determination. If it appears the property lies within the
floodway or floodway fringe, or any other flood hazard area, then required submittals as outlined in this
chapter 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- A flood control zone (FCZ) permit
shall be obtained before construction or development begins within any area of special flood hazard
established in subsection (b) of this section. The permit shall be for all structures, including manufactured
homes, as set forth in Section 16.52.040, and for all development including fill and other activities, also as
set forth in Section 16.52.040. Flood control zone permits shall be a Type 1 permit processed pursuant to
TMC 18.108.010.
(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 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 designated to avoid infiltration, inflow and impairment.
Application for a development flood control zone permit shall be made on forms furnished by the
Director of Public Works. Such applications shall include the documentation required by Section
18.104.060, and shall also include, unless waived by the Director, four sets of plans recommended to 20-
scale, showing the nature, location, dimensions, and elevations of the area in question; existing or
proposed structures, fill, storage of materials and drainage facilities. Specifically, the following
information is required:
(A) Elevation in relation to mean sea level, NGVD datum, of the lowest floor (including
basement) of all structures;
(B) Elevation in relation to mean sea level, NGVD datum, to which any structure has been
floodproofed;
(C) Certification by a registered professional engineer or a licensed architect that the flood
proofed methods for any nonresidential 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 agencies. If resubmittal of plans is required, the
submitted plans will be returned.
2
(4) Designation of the Director of Public Works The Director of Public Works is 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.
(i) Establish and manage a flood control zone (FCZ) development permit review proce-
dure, publish such and make available to all developers through a flood control zone permit system.
(ii) Review all FCZ development permits to determine that the permit requirements of
this chapter have been satisfied, consistent with the procedural requirements of Chapters 18.104 through
18.116.
(iii) 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 encroachment
provision of Section 16.52.070(c)(1) is met.
(B) Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with Section 16.52.050(b), the Public Works Director will obtain, review and reasonably
utilize any base flood elevation and floodway data available from a federal, State or other source, in order
to administer Section 16.52.070.
(C) Information to be Obtained and Maintained.
(i) 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 basement)) of all new or substantially improved structures, and whether or
not the structure contains a basement.
(ii) For all new or substantially improved structures: verify and record the actual
elevation relation to mean sea level (NGVD), and maintain the floodproofing certification required in
Section 16.52.050(i)(3)(C).
(iii) Maintain for public inspection all records pertaining to the provisions of this chapter.
(D) Alteration of Watercourses.
(i) Notify adjacent communities and the Washington State Department of Ecology prior
to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration; obtain necessary approvals for change in the water course through FEMA,
prior to authorizing any development to carry out a development which will change any water course.
(ii) 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 FCZ development permit process as outlined in this
chapter shall not constitute a license or permit to undertake substantial construction as provided in the
State Shoreline Management Act of 1971, nor shall said FCZ development permit be considered an
authorization to construct under the Uniform Building Code as adopted by Chapter 16.04 of this code.
Nothing in this chapter shall relieve the applicant from obtaining all required permits, licenses and
approvals required for the proposed project under applicable federal, State and local provisions of law.
3
Section 2. Provisions for Flood Hazard Protection (TMC 16.52.070). TMC 16.52.070 and
Ordinance 1462, §2(part) as amended by Ordinance 1499, §9 are amended as follows:
(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.
(ii) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
(iii) 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.
(iv) All new construction and substantial improvements shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(B) Utilities
(i) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(ii) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into
floodwaters; and
(iii) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
flood damage;
(C) Subdivision Proposals
(1) All subdivision proposals shall be consistent with the need to minimize
(ii) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
(iv) 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, applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical data, high -water marks, photographs of
past flooding, etc., where available. Failure to elevate to at least two feet above grade in these zones may
result in higher insurance rates.
(E) Anchoring-
(i) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over the -top or frame ties to ground
anchors (Reference FEMA's "Manufactured Home Installation in Floor Hazard Areas" guidebook for
additional techniques).
4
(2) In addition to the general standards applicable to all areas under subsection (a) (1) of this
section, in all areas adjacent to the Green River the following standards are required:
(A) Construction /Reconstruction of Dikes /Levees As part of the floodproofing for devel-
opments 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. If
dike /levee improvements are not required, and the natural riverbank is allowed as bank protection, then
a river bank stabilization analysis shall be provided to the Public Works Department for review as part of
the plan submittal.
(B) 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.
(b) SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has
been provided as set forth in Sections 16.52.050 or 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 designated 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 a licensed architect, or must meet or exceed the following minimum
criteria:
(i) 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.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
(2) Nonresidential Construction New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest 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 watertight 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;
(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 provisions 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) (ii);
(D) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (b) (1) (B) of this section;
(E) Applicants floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed
to the base flood level will be rated as one foot below that level).
5
(3) Critical Facility Construction of new critical facilities shall be, to the extent possible,
located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible
within the base floodplain if no feasible alternative site is available. Critical facilities constructed within
the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base
flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into flood waters. Access routes elevated to or above the
level of the base floodplain shall be provided to all critical facilities to the extent possible.
(4) Manufactured Homes For land use conditions where new manufactured homes (mobile
homes shall be considered as one classification of manufactured homes) are allowed within the City or for
replacement /rehabilitation purposes, the following shall apply: All manufactured homes to be placed or
substantially improved within zones A1-30, AH and AE on the community's FIRM shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is one foot or more above the
base flood elevation; and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of subsection (a) (1) (E) (ii) of this section. This paragraph applies to
manufactured homes to be placed or substantially improved in an expansion to an existing manufactured
home park or subdivision. This paragraph does not apply to manufactured homes to be placed or
substantially improved in an existing manufactured home park or subdivision, except where the repair,
reconstruction, or improvement of the streets, utilities and pad equals or exceeds 50% of the value of the
streets, utilities and pads before the repair, reconstruction or improvement has commenced.
(c) FLOODWAYS.
(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
floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(A) Prohibit encroachment, including fill, new construction, substantial 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 subsection (c)(1)(A) of this section is satisfied, all new construction and substantial im-
provements shall comply with all applicable flood hazard reduction provisions of this section.
(2) Construction or reconstruction of residential structures is prohibited 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% of the market value of the structure either:
(ii) 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 50% determination.
(d) ENCROACHMENTS.
(i) Before the repair, reconstruction, or repair is started, or
(1) 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
2 /10ths of a foot at any point along the river course.
(2) Flood Control Zone Permits and Licenses Approvals. A flood control zone permit
application shall be filed for all developments at the time of filing the building permit and /or shoreline
permit, whichever is first. Such permit shall be a Type 1 permit processed pursuant to TMC 18.108.010. 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 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
6
water and /or sewer systems which ensure that water and sewer systems will be designed to avoid
infiltration, inflow or impairment.
(3) The Director or designee shall, within the time periods required by TMC 18.104.130, after
other required agency reviews are completed, indicate approval or disapproval of the requested flood
control zone permit, with copies to appropriate agencies, including DOE.
(4) Whenever any alteration or relocation of any watercourse is proposed, the Department of
Public Works shall notify adjacent communities prior to such relocation or alteration and submit such
notifications to the Federal Emergency Management Agency.
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should 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
ordinance.
Section 4. Effective date. This ordinance shall apply to all flood control zone permit applications filed
on and after April 1,1996.
PASSED BY THE CITY COUNg4L OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this /S? day oft 'y ,1997.
ATTEST /AUTHENTICATED
e E. Cantu, City Clerk
APPROVED
B
Office of the City Attornee
FILED WITH THE CITY CLERK: 3/9 `7
PASSED BY THE CITY COUNCIL: 6/Y 7
PUBLISHED: 19 7
EFFECTIVE DA E: April 1,1996
ORDINANCE NO.: 7 9 0
a-
Johr Rants, Mayor
J
7
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 7
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, MAKING A TECHNICAL CORRECTION TO
AN EXISTING CITY ORDINANCE WHICH IMPLEMENTS THE
PERMIT PROCESSING REQUIREMENTS OF RCW CH. 36.70B,
AMENDING SECTIONS 16.52.050 AND 16.52.070 OF THE
TUKWILA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
On /9‘ 7 the City Council of the City of Tukwila passed Ordinance
No. 7 9 D amending Chapter 16.52 TMC which implements ESHB 1724 permit
processing requirements; providing for severability and establishing 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 for a copy of the text.
APPROVED by the City Council at its meeting of N,-4,/— /9 7
Published Seattle Times: G 7/ 0 7 1/4 7
'an E. Cantu, City Clerk