HomeMy WebLinkAboutORD2023-009 SCC15.25 Floodplain Management Sponsored by: Bower
Introduction: March 28, 2023
Public Hearing: April 10, 2023
Enactment: April 10, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE 15.25 FLOODPLAIN MANAGEMENT,
ADOPTING RECOMMENDED LANGUAGE AND REGULATIONS
FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA)
WHEREAS,on March 29,2022,the City Council approved the Planning and Zoning
Commission's priorities one of which included, "Make recommended updates to Title 15";
and
WHEREAS, it is in the best interest of the community to periodically review and
update the City zoning code; and
WHEREAS, FEMA has created this model ordinance to help communities meet the
minimum requirements of the National Flood Insurance Program(NFIP); and
WHEREAS, in Alaska Statutes Title 29, the Alaska State Legislature has delegated
the responsibility to each community to adopt floodplain management regulations designed to
promote the public health, safety and general welfare of its citizenry; and
WHEREAS, the City of Seward has identified flood hazard areas that are subject to
periodic inundation which may result in loss of life and property; and
WHEREAS, it is the purpose of this updated Floodplain Code to promote public
health, safety, and general welfare, and to minimize public and private losses due to flooding;
and
WHEREAS, the Planning and Zoning Commission held a joint public work session
with the Seward Bear Creek Flood Service Area Board on October 17, 2022 to discuss the
recommended model ordinance from FEMA; and
WHEREAS,on November 8, 2022, the Planning and Zoning Commission postponed
Resolution 2022-027 to wait for further feedback from FEMA regarding the proposed changes
to the Floodplain Code; and
WHEREAS, on January 10, 2023, the Planning and Zoning Commission passed
Resolution 2022-027 recommending City Council to approve this ordinance;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.25.010 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.010 Findings and statement.
A. Findings.
1. The flood hazard areas of the City of Seward are subject to periodic inundation which may
result results in loss of life and property,health and safety hazards,disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief and impairment of the tax base,all of which adversely affect the public health,safety
and general welfare.
2. These flood losses may be caused by the cumulative effect of obstructions in flood hazard
areas which increase flood heights and velocities and, when inadequately anchored,
cause damage in other areas. Uses that are inadequately flood proofed, elevated or
otherwise protected from flood damage, also contribute to flood loss.
B. Statement of 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 flooding floodeenditions in
speci€ie-flood hazard areas by provisions designed to:
1. To Protect human life and health;
2. To Minimize expenditure of public money for costly flood control projects;
3. To Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. To Minimize prolonged business interruptions;
5. To Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas-of-special-flood hazard
areas;
6. To Help maintain a stable tax base by providing for the sound use and development of
areas of speeial flood hazard areas so as to minimize blight areas caused by flooding;
7 To-ensure-that Notify potential buyers are-noted that property is in an area of a Special
Flood Hazard Area;and
8. To-ensure-that Notify those who occupythe-areas-of-special flood hazard areas that they
assume responsibility for their actions; and
9. Participate in and maintain eligibility for flood insurance and disaster relief:
C. Objectives.Methods of reducing flood losses. In order to accomplish its purposes,this chapter
includes methods and provisions for-to:
1. Restricting or prohibiting uses development which are-is dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in erosion,
flood heights or velocities;
2. Requirei g that uses development vulnerable to floods, including facilities, which-serve
such-uses,be protected against flood damage at the time of initial construction;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
3. Controlg the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
4. Control-mg filling, grading, dredging, and other development which may increase flood
damage; and
5. Prevent-mg or regulate-ing the construction of flood barriers which will unnaturally divert
floodwaters, or which may increase flood hazards in other areas.
Section 2. Seward City Code Title 15.25.020 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.020- Definitions.
For purposes of this chapter,the following words and phrases shall be defined as follows:
Alluvial fan. A geomorphologic feature characterized by a cone or fan-shaped deposit of
boulders,gravel, and fine sediments that have been eroded from mountain slopes, transported
by flood flows, and then deposited on the valley floors, and which is subject to flash flooding,
high velocity flows, debris flows, erosion, sediment movement and deposition, and channel
migration.
Appeal. means A request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance or a request for a variance.
Appurtenant structure. A structure that is on the same parcel of property as a principal
structure, the use of which is incidental to the use of the principal structure.
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.
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, VI-30, VE). "Special flood
hazard area"is synonymous in meaning with the phrase "area of special flood hazard".
Base flood. The flood having a one percent chance of being equaled or exceeded in any
given year.Also referred t„as the 100 < e -flood Designation „ always: a t
AorV.
Base flood elevation (BFE). The elevation to which floodwater is anticipated to rise during the
base flood.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
Basement.Any area of the building having its floor sub grade -i.e., below ground level-on all
sides.
Breakaway wall. means 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.
Building See "Structure."
Coastal high hazard area. means-the An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune alonx an open coast and any other area subject to
high velocity wave action from stories or seismic sources.waters-Elue-te-wind-Ttidal-astienTsterm3
1oc ty or fre ,to .danger rty .l lives TL.
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designated on the FIRM as Zone V1 V30, VE or V.
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 or storage of equipment or materials.
hazard.
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).
Federal Emergency Management Agency. is-The agency responsible for administration of the
National Flood Insurance Program.
Flood or flooding.means
A. A general and temporary condition of partial or complete inundation of normally dry land areas
from either:
1. The overflow of inland or tidal waters;andler
2. The unusual and rapid accumulation or runoff of surface waters from any source or;
3. Mudslides (Le., mudflows) which are proximately caused by flooding as defined in
paragraph (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
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event
which results in flooding as defined in paragraph (a)(1) of this definition.
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 (Le., mudflow) and/or flood-related erosion hazards.
Flood Insurance Rate Map (FIRM). means The official map of a community, on which FEMA
the Federal Insurance Administrator has delineated both the areas-especial 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).
Flood Insurance Study(FIS). See "Flood elevation study':
Floodplain or flood-prone area.means-Any land area susceptible to being inundated by water from
any source. See "Flood or flooding."
Floodplain administrator. The community official designated by title to administer and enforce
the floodplain management regulations.
Floodplain management. The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness
plans, flood control works, and floodplain management regulations.
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, which provide standards
for the purpose of flood damage prevention and reduction.
Flood proofing. Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents.
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 a designated height .. Also referred to as
"Regulatory Floodway."
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of flood
plain management. "Freeboard"tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
Functionally dependent use. A use which 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.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure.Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of 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 which have been approved by the Secretary of 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
2. Directly by the Secretary of the Interior in states without approved programs.
Levee. A man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control or divert the flow of water so
as to provide protection from temporary flooding.
Levee system. A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor. means The lowest floor of the lowest enclosed area (including `Basement"). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor,provided
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
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 1 c 2c ncn«.v»b
Manufactured home.means A structure,transportable in one or more sections,which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle." *Manufactured homes are not allowed within City limits.For-floodplain
Mean sea level. For purposes of the National Flood Insurance Program,the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a
community's Flood Insurance Rate Map are referenced.
New construction. 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.
One-hundred-year flood or 100-year flood. See "Base flood."
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 obtained by practicable means, reasonably
safe from flooding means that the lowest floor is at least two feet above the Highest Adjacent
Grade.
Recreational vehicle.A vehicle which is:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
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.
Regulatory floodway. See "Floodway':
Sheet flow area. See "Area of shallow floodin ".
Special Flood Hazard Area (SFHA). See "Area of special flood hazard".
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
Start of construction. 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 was within 180 days of a pen from the date
of the permit. 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.;
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 foundation 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.
Structure.means-For floodplain management purposes, a walled and roofed building, including
a gas or liquid storage tank, as w ll as „manuf ctarea home that is principally above
ground.
Substantial damage.means Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged conditions would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement.means Any femedelingT repair7 reconstruction,rehabilitation,addition,
or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market
value of the structure before the ' ,
"start of construction" of the
improvement: This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include either
1. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions;
or
2. Any alteration of a "historic structure,"provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Variance. means-A grant of relief from the terms of a flood plain management regulation.
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
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
elevation certificate, other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
Water surface elevation. The height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
Section 3. Seward City Code Title 15.25.030 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.030 General provisions.
A. Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas
within the eerporate4imits boundaries of the City of Seward.
B. Basis for establishing special flood hazard areas. The areas-of special flood hazard areas
identified by the Federal Insurance Administratonr in a scientific and engineering report titled
"The Flood Insurance Study(FIS) for the Kenai Peninsula Borough,Alaska and Incorporated
Areas (City of Seward)" dated September 27, 2013 and October 20, 2016,
with accompanying Flood Insurance Rate Maps (FIRMAA dated September 27, 2013 and
October 20, 2016, are hereby adopted by reference and declared to be a part of this chapter.
The FIS and FIRM panels are available for
viewing at City Hall
C. Compliance. All development within special flood hazard areas is subject to the terms of
this ordinance and other applicable regulations
.,. el eas-i`l be-€ree a eodingor eed-damages apter sh ll net create
liabilit., o the part of tl,e C t of Sewar,l ofeer a „loyee the«e„f „r tL.e Feder l
D. Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate or
impair any existing easements,covenants or deed restrictions. However,where this ordinance
and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, 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.
F.Penalties for Non-compliance. Violation of the provisions of this chapter by failure to comply
with any of its requirements (including violations of conditions and safeguards established
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
in connection with conditions) shall be subject to a fine as set by the City Council. Nothing
herein contained shall prevent the City of Seward front taking such other lawful action as
is necessary to prevent or remedy any violation.
G. 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 man-made or natural causes. This chapter does not imply that land outside the
special flood hazards areas or uses permitted within such areas will be free front flooding
or flood damages. This chapter shall not create liability on the part of the City of Seward,
any officer or employee thereof for any flood damages that result front reliance on this
chapter or any administrative decision lawfully made hereunder.
H. Severability. This chapter and the various parts thereof are hereby declared to be severable.
Should any Section of this chapter by declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the chapter as a whole, or any portion
thereof other than the Section so declared to be unconstitutional of invalid.
Section 4. Seward City Code Title 15.25.040 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.040 Administration.
A. Designation of the Floodplain Administrator. The City
Manager or designee is hereby appointed to administer, implement and enforce this
ordinance by granting or denying development permits in accordance with its provisions.
The Floodplain Administrator may delegate authority to implement these provisions.-4
hazard areas established in section 15.25.030B. The permit shall be for all structures and for
area in question; existing or proposed structures, fill, storage of materials, drainage facilities,
. d ♦he loc do ofthe f Q. ecifc lly the foll ...,:.,g in f tion ; red:
,
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
;
3. Certification by a registered professional engineer or-architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in section
15.25.050B.2.;
the p ed development
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
B. Duties and Responsibilities of the Floodplain Administrator. Duties of
the Floodplain Administrator shall include,but not be limited to:
1. Permit Review. Review all development permits applications to determine that:
a. The permit requirements f this chapter have been satisfied;
b. All other required state and federal permits have been obtained; Review-all
approval-is-required
c. The site is reasonably safe from flooding;
l,.c ted i the floo ..ay e th t the o ,.t,,.. e t p of section i c 2c 050
C.1. are met.
d. In areas where a floodway has not been designated,require that no new construction,
substantial improvements or other development (including fill) shall be permitted
within Zones A1-30 and AE unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
111 2. Use of other base flood data. When Base Flood Elevation data has not been provided in
accordance with Section 15.25.030(B),the Floodplain Administrator shall obtain,review
and reasonably utilize any Base Flood Elevation data available from a federal, state or
other source, in order to administer Section 15.25.050. Any such information shall be
consistent with the requirements of the Federal Insurance Administrator. I pei
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e fleodpl-ain develop t permi b bl •tho permis th
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3. Obtain and maintain for public inspection. Obtain and maintain the following for public
inspection and make available as needed:
a. Certification required by Section 15.25.050(A)(3)(a) (lowest floor elevations for all
structures, bottom of the lowest horizontal structural member (if applicable), and
service facilities/mechanical equipment);
b. Certification required by Section 15.25.050(A)(3)(b) (lowest floor elevations or
floodproofing of non-residential structures and service facilities/mechanical
equipment);
c. Certification required by Section 15.25.050(A)(3)(d) (engineered flood openings);
d. Certification required by Section 15.25.050(F)(1) (floodway encroachments);
e. Records of all variance actions, including justification for their issuance;
jj Improvement and damage calculations.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
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administrative of eint shall „btai na r nably utilize .. , base floo an
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4. Notification to other entities.
a. Whenever a watercourse is to be altered or relocated, notify adjacent communities
and the State Coordinating Office prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Insurance
Administrator through appropriate notification means, and assure that the flood
carrying capacity of the altered or relocated portion of said watercourse is
maintained.
b. Base Flood Elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months
after the date such information becomes available, the Floodplain Administrator
shall notify the Federal Insurance Administrator of the changes by submitting
technical or scientific data in accordance with Volume 44 Code of Federal
Regulations Section 65.3. Such a submission is necessary so that upon confirmation
of those physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements will be based upon current data.
c. Notify the Federal Insurance Administrator in writing of acquisition by means of
annexation, incorporation or otherwise, of additional areas of jurisdiction.
e e e r're
relation to m n level) of the lowest flour (including basement) of all n
f
basement.
i.Ver:f., n«a r „ra the actual eley do (i relntio tom n level)• an 5. Remedial actions. Take actions on violations of this chapter as required in Section
15.25.030(F) herein.
Alteration of wntercoursen
6. I terpretat;on of FIRM boundaries
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
motion of—tho- 3darf -shal—be—give-a reasenable ewe
Permit f e The City harge f ee f r p Fmita na Feece shall be establiahed
b..resolution of the Cit.,Council t„be„aid b.,the p1icant t the time that the floodpla:n
C. Establishment of development permit.
1. Development Permit shall be obtained before construction or development begins within
any Special Flood Hazard Area established in Section 15.25.030(B).
2. Application for a Development Permit may be made on forms furnished by the
Floodplain Administrator and may include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions and elevation of the area in
question, existing or proposed structures, fill, storage of materials, drainage facilities
and the location of the foregoing. Specifically, the following information is required:
a. For A Zones(A,AI-30,AE,AH,AO):
L Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all structures. In Zone AO, elevation of existing highest adjacent
grade and proposed elevation of lowest floor of all structures;
ii. Proposed elevation in relation to mean sea level to which any non-residential
structure will be floodproofed;
iii. Certification by a registered professional engineer or architect that the
floodproofing methods for any non-residential structure meet the floodproofing
criteria in Section 15.25.050(A)(3)(b); and
iv. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
b. For V Zones(VE, V1-30 and V):
i. Proposed elevation in relation to mean sea level of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all
structures, and whether such structures contain a basement;
ii. Base Flood Elevation data for subdivision proposals or other development,
including manufactured home parks or subdivisions, greater than 50 lots or 5
acres, whichever is the lesser;and
iii. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
D. Issuing a development permit.
1. Upon determination that the submitted and recorded information connected with the
permit application meets the terms of this chapter, the administrative official shall issue
a floodplain development permit to the original applicant.
2. If the project involves the construction of a residential structure in a special flood hazard
area, the planning department floodplain management office will issue an initial permit
based on the building plans in the application. A final permit will be issued after the
applicant submits an elevation certificate and floodplain management staff determines
that the building is in compliance with all floodplain regulations.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
3. The floodplain development permit shall be valid until the expiration date provided that
the start of construction occurs within 180 days of the permit issue date. If construction
does not begin within this time period, the permit will expire 180 days from the issue
date. The floodplain administrator shall be notified at least three days prior to start of
construction for possible site inspection and notice-to-proceed.
4. The flood plain permit shall be valid for the extent of the project for which it was issued.
5. The floodplain development permit is not assignable without permission from the
administrator.
6. The City may charge fees for permits and variances. Fees shall be established by
resolution of the City Council to be paid by the applicant at the time that the floodplain
development permit application is submitted
Section 5. Seward City Code Title 15.25.050 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.050 Provisions for flood hazard reduction.
A. General Standards of construction. In all special flood hazard areas, the following standards
are required:
1. Alteration of Watercourses. Armoring.
a. The flood carrying capacity within the altered or relocated portion of said
watercourse must be maintained; and l a nstr ction nd „bstanti.,l
�.. shall e e e e bhdo tt floao ttille ltl m e« e en � o� a raera e ent of
theme
b. Maintenance must be provided within the altered or relocated portion of said
watercourse to ensure that the flood carrying capacity is not diminished; and 411
inanufin ed h ,st be h d to fl
t��--�� -����evext--newt ,
«+ ..d shall he installed ethods a d � .dices that m e_flood
dama
ge A.,ehor:ng methods el„de b„t a „t limited to e ofover the te..
c. Conditions as stated in 15.25.040(B)(3)(b) and 15.25.040(B)(3)(c) must be met.
2. Anchoring. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
water from enterin.. a ulating within the a ents d„r:ng c. „ditions of
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
3. Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with
materials resistant to flood damage;
b. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damageignd
c. All new construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
d. Within Zones AH or AO, adequate drainage paths shall be constructed around
structures on slopes to guide floodwaters around and away from proposed
structures.
Vies.
• A 11 .y.1 replacement water ply s .stems shall be desigi o.l
v. o Now .,.a placement .,itary a0 0 stems shall be clesig.ed to m 0
f
O.. site . aste .lisposal stems shall be located to oid a fit to them
4. Elevation and floodproorng
a. Residential construction.
1. For A Zones (A, AE, A1-30, AH, AO). Residential construction, new or
substantial improvement, shall have the lowest floor, including basement,
elevated to or above the Base Flood Elevation.
i. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel
as the depth number specified. If no depth is specified, the required elevation
is at minimum two (2) feet above highest adjacent grade.
ii. In a Zone A where the Base Flood Elevation has not been determined, the
Base Flood Elevation is determined locally by the criteria set out in Section
15.25.040(B)(2). A minimum of 2 feet above highest adjacent grade may
result in a lower insurance premium.
iii. In Zones AE, A1-30, and AH, the Base Flood Elevation is determined from
the FIS and/or FIRM.
iv. A garage attached to a residential structure,constructed with the garage floor
slab below the Base Flood Elevation, must be designed to allow for the
automatic entry and exit of flood waters. See Section 15.25.050(A)(3)(d).
Upon completion of the structure, certification by a registered professional
engineer or surveyor that the elevation requirements of the lowest floor,
including basement, of this section have been satisfied shall be provided to the
Floodplain Administrator for verification.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
2. For V Zones (VE, VI-30 and V). Residential construction, new or substantial
improvement, shall:
i. Be located landward of the reach of mean high tide;
ii. Have the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns), elevated to or above the Base Flood
Elevation;
iii. Have the pile or column foundation and structure attached thereto be
anchored to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components.
Water loading values used shall be those associated with the base flood. Wind
loading values used shall be those required by applicable State or local
building standards. Construction of structures with timber piling, posts, or
piers as the sole structural support, is prohibited except for docks, wharves,
and other engineered stand-alone structures expressly approved by the
building official in accordance with the International Building Code as
adopted by the city.
iv. Have the space below the lowest floor, usable solely for parking of vehicles,
building access,or storage,either free of obstruction or constructed with non-
supporting breakaway walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of the
building or supporting foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading resistance of not less than
10 and no more than 20 pounds per square foot;
v. Prohibit the use of fill for structural support of buildings; and
vi. Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of this Section.
Upon completion of construction, certification by a registered professional
engineer or architect that these design standards have been satisfied, and
certification by a registered professional engineer or surveyor that the elevation
requirements of the bottom of the lowest structural member of the lowest floor,
excluding pilings and columns, of this section have been satisfied shall be
provided to the Floodplain Administrator for verification.
b. Non-residential construction. ForA Zones(A,AE,A1-30,AH,AO):Non-residential
construction, new or substantial improvement, shall have the lowest floor either
elevated to conform with Section 15.25.050(A)(3)(a) subsections (i), (ii) or (iii) as
appropriate, or, together with attendant utility and sanitary facilities,
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
i. Be floodproofed below the elevation recommended under Section
15.25.050(A)(3)(a) subsections (i), (ii) or(iii) as appropriate so that the structure
is watertight with walls substantially impermeable to the passage of water; and
ii. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
iii. A registered professional engineer or architect shall develop and/or review
structural design,specifications,and plans for the construction,and shall certify
that the design and methods of construction are in accordance with accepted
standards of practice meeting the provisions listed above.
Upon completion of the structure, certification by a registered professional engineer
or surveyor that the elevation requirements of the lowest floor, including basement,
of this section have been satisfied shall be provided to the Floodplain Administrator
for verification; or certification by a registered professional engineer or architect
that the floodproofing design of this section is satisfied, including the specific
elevation in relation to mean sea level to which such structures are floodproofed,
shall be provided to the Floodplain Administrator for verification.
For V Zones (VE, V1-30, V). Floodproofing of non-residential structures is
prohibited. All structures must be elevated and constructed according to the
requirements set forth in Section 15.25.050(A)(3)(a).
c. Appurtenant structures (Detached Garages&Storage Structures).
1. For A Zones (A,AE,AI-30,AH,AO).
a. Appurtenant structures used solely for parking of vehicles or storage may be
constructed such that the floor is below the Base Flood Elevation, provided
the structure is designed and constructed in accordance with the following
requirements:
i_ Use of the appurtenant structure must be limited to parking of vehicles or
storage;
ii. The portions of the appurtenant structure located below the Base Flood
Elevation must be built using flood resistant materials;
iii. The appurtenant structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
iv. Any machinery or equipment servicing the appurtenant structure must be
elevated or floodproofed to or above the Base Flood Elevation;
v. The appurtenant structure must comply with floodway encroachment
provisions in 15.25.050(F); and
vi. The appurtenant structure must be designed to allow for the automatic
entry and exit of flood waters in accordance with Section
15.25.050(A)(3)(d).
b. Detached garages, storage structures and other appurtenant structures not
meeting the above standards must be constructed in accordance with all
applicable standards in Section 15.25.050(A)(3)(a)subsections(i), (ii) or(iii)
as appropriate.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
c. Upon completion of the structure, certification that the requirements of this
section have been satisfied shall be provided to the Floodplain Administrator
for verification.
2. For V Zones (VE, V1-30 and V): Floodproofing of non-residential structures is
prohibited. All structures must be elevated and constructed according to the
requirements set forth in Section 15.25.050(A)(3)(a).
d. Flood openings. All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely
for parking of vehicles,building access or storage, and which are subject to flooding,
shall be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the automatic entry and exit of floodwater. Designs for meeting this
requirement must meet or exceed the following criteria: For non-engineered
openings:
L Have a minimum of two openings with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwater.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
Upon completion of the structure, certification that the requirements of this section
have been satisfied shall be provided to the Floodplain Administrator for
verification.
/1. Subdivision proposals.
the event of a flood.
flo g her base flood elevatio., d ta 1,as et been ided of
aya l.able from •, othe thoritative Source, it "hal be generated f r, an `czudeed i
subdivision proposals which contain greater than 50 lots or five acres, whichever is
less.
5 ev�iew of 1.,,ildi g penflits.::-here elevation- lra*ta is not—avail ble plications f
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 grade in these zones may result in higher
insurance rates.
B. Standards for storage of materials and equipment.
1. The storage or processing of materials that could be injurious to human, animal or plant
life if released due to damage from flooding is prohibited in special flood hazard areas.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
2. 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.
11. Th 11 e bottom of all a e shall be no higher ,,tha o e f„t above grade
.
previ.le.l that the„p rmit the a„tomatic entra, and exit of floodwater,
genresidenitial—son ction. New constfustie stantial—impro emen-ef-anT
ineludinbasement,elevatedto-the level of th base food elevatio rr�together with
attendant„tility a„a s ..;tar.,f cilitiea) shall•
1?e ertif:e.l h„ a e terea t e rchitect that the tan a fth'
v. .ry vvl rllavu v� as iv�io�cvrva P�To��rVuuio�'[IRI-eii' CGVC'Cl2C[rCrl{TJCR7IQAIOS'lTi-[IIIII
as set forth in section 15.25.040B.1.b.
dAlenresidential-strue es�-that-ar-e-elevates of ee a ust-nieet-tom
standard for space belo .the lowest floe..as ,leseribed ; eetion 1 c 2c 050B 1 h
Yi viui uaias wirll bve ase at ae bd a rates th e foot below the fleedpr aeef level !e R
r
f For z e s A H a.,d A O' drainage paths a e e red a ,l n structures o slopes to drai u All ... „factured h to be pld a „bttially; ed with; z s A 1
. omes ace s an e
;n A 14 a„d A E shall he ele„atea ,. e e nt f unation s ,ch that the lowest flee.. f o
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
15.25.050A.1.b.
b. •"hen ,.f cturea--home—park,, fvor arr`y neV��-vvr substanti
11111.11V1Ved, o etured home .,it ehass;s shall be orted b.. «e of rced e ether
mGQ1f 111
f„ndatio elements of at least eq ,.,lent strength that a e less tha.. 36 inches above
7 7 •
d Recreation l vehicles Fora e.,tional vehicle . lace.l a sites . ,:thin Zones A l A30
A H, and A E, ; t-tf$-onsit$ rt a „ttiiye days, he full.,l amed a,,
€o , meet- he requirements-of section 15.2c ncn A.l. t rougli-5.--arm section
..cking s .ste.,. attached to tL.e site o ly by ., ck disconnect type utilities and has .,
C. Standards for water supply and waste disposal systems.
1. All new or replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and discharge from
systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
D. Development proposals. All new development proposals, including subdivisions and
manufactured home parks, shall:
1. Be consistent with the need to minimize flood damage;
2. Have public utilities and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage; and
3. Provide adequate drainage to reduce exposure to flood hazards.
4. Include Base Flood Elevation data for all proposals greater than 50 lots or 5 acres,
whichever is the lesser.
. �ar -areas,designate -rl, t ia'l flood
1 A it n nst etio« shall be located landward o f the reach finean high ti.le
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
2 A ll n nstruction and s„bstnntia ents within Zones V l V30 a ..a Y1r (V if base
that:
,
provisiens-
,
of seetions 7 n nd 7 b of this s„bsectio
4.The o €ors c ats ort e es Y Vl Van nna t FI 11T
6 o Lehi ie i Puceithin Z^nes l V3n y na [7L •+ t b t
"-
to le s tl. licensedl nn.l .early 1,;..ti,..,n,,
requirements of section 15.25.050A.1 through 5. and section 15.25.050B.1. through 3. A
tl,esite on ,, .. nsconnect tye„tilities anas n .l additions
m 1b „ kdi p dh e entl„attache
E. Standards for recreational vehicles. All recreational vehicles placed on site shall:
1. Be on site for fewer than 180 consecutive days,
2. Be fully licensed and ready for highway use-A recreational vehicle is ready for highway
use if it is on its wheels or jacking system,is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 15.25.040 of this ordinance and the applicable
elevation and anchoring requirements. Methods of anchoring may include, but are not
to be limited to, use of over-the-top or frame ties to ground anchors. The recreational
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
vehicle must also be elevated on a permanent foundation such that the lowest floor of
the vehicle is elevated to or above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist floatation collapse and lateral
movement. These requirements are in addition to applicable State and local anchoring
requirements for resisting wind forces.
F. Floodways. Located within the special flood hazard areas established in Section
15.25.030(B) 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:
1. Prohibit encroachments,including fill,new construction,substantial improvements,and
other development within the adopted regulatory floodway unless it has been
demonstrated 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 within the community during the occurrence of the base flood
discharge;
2. If Section 15.25.050(F)(1) is satisfied, all new construction and substantial
improvements shall comply with all other applicable flood hazard reduction provisions
of Section 15.25.050.
3. Encroachments within the adopted regulatory floodway that would result in an increase
in base flood elevations may be permitted, provided that the applicant first applies for
and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and
receives approval from the Federal Insurance Administrator to revise the FIRM and
FIS in accordance with Section 15.25.040(B)(4)(b).
Section 6. Seward City Code Title 15.25.060 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
15.25.060 Appeal-and Variance procedure.
A. Nature of variances.
1. The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal
in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this ordinance would
create an exceptional hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its
inhabitants or the property owners.
2. Variances from the flood elevation or from other requirements in the flood ordinance
are quite rare. The long-term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this ordinance are more detailed and contain multiple provisions that must
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
be met before a variance can be properly granted. The criteria are designed to screen
out those situations in which alternatives other than a variance are more appropriate.
Appeal-beard.
(3) Those-aggrieved by thedecision-f the C-e "; n, „ tax ye�ea ch
deg isio., to tb,e C t y Council s tting "" Beard of n d ustme«t idea :« n e 2� 40 non
f
f f '
Te aner- a maeral" m e " e ono eer- s o e of'ee,•s•
u. rhd gtht t b pt t thldtth : th ,
bTbre danger t„ life aid « pent.,drre t„ fl„oding « damage.
z7. e f
f
e
f f
f
g—he--eempatiibrk of-t a proposed- use- with the ex: _and—anticipated
develepmenti
11
h.. 111V Tl,e relatie ship of the ed ate the a r•ehensiye plan a„d flood«lain
f
s ., o access o e er i« mes a 000r or.diyr,ar a„ em
a. 11VTe ouaafvts, f tth « ptyti fl df d e e
ye
j. e-expected heights-vole �;-d ion,,-rate-e€ ,
f f �
L Tb.e ..rats of providing ntal " " drr..ng and after• flood a «d't'
a.. 111V w e e
f
al.,ding «ter.a.rce aid of public t:l:ties and f'1't' b.
he
f
gasf f f
f
deem" ne e to ftwthe«the« e �of thish r••ca«te
B. (b)Conditions for variances.
1. Variances shall only be issued:
a. On a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances;
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
b. For the repair, rehabilitation or restoration of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure;
c. Upon a determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief;
d. Upon a showing of good and sufficient cause;
e. Upon a determination that failure to grant the variance would result in exceptional
hardship to the applicant;
Upon a showing that the use cannot perform its intended purpose unless it is located
or carried out in close proximity to water. This includes only facilities defined in
Section 15.25.020 of this Chapter in the definition of"Functionally Dependent Use."
2. Variances shall not be issued within any floodway if any increase in flood levels during
the base flood discharge would result.
3. Generally, variances may be issued for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the Base Flood Elevation, provided the
procedures of Sections 15.25.040 and 15.25.050 of this Chapter have been fully
considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
of 'h acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing subparagraphs (a) through (k) of
(2) Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places without regard to the
(3) Variances shall not be issued within a designated floodway if any increase in flood
('I) Variances shall only be issued upon a determination that the variance is the
(5) Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
ha,-rlship to the a plicant•
c. A determination that the granting of a variance will not result in increased flood
,
cause fraud on or victimization of the public or conflict with existing local laws or
ordinances.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-009
general � g law«rind. a that�t,ey pertai to n ..i.ysica .. „fproperty; t ey n of(7) Vnwnnees .,be: ea f r nonresident al buildings : limitea mstances to
allow n lese,.degree of f eed„roe fi g thn., wate.+ight e..dry feed r ofng where it c
(4) Any n plicant ♦e whew. n nte.a shall be g itten notice that ttire
C. Variance criteria.
1. In considering variance applications, the appeal board shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter,
and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger of life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
,b The availability of alternative locations for the proposed use, which are not subject
to flooding or erosion damage;
g The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in time of flood for ordinary and emergency
vehicles;
j The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site;and,
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,gas,
electrical, water system and streets and bridges
2. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
a. The issuance of a variance to construct a structure below the Base Flood Elevation
will result in increased premium rates for flood insurance up to amounts as high as
$25 for$100 of insurance coverage, and
b. Such construction below the base flood elevation increases risks to life and property.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-009
3. The Floodplain Administrator shall maintain a record of all variance actions, including
justification for their issuance.
D. Appeal procedure.
1. Appeal board.
a. The Seward Planning and Zoning Commission (commission) shall hear and decide
appeals and requests for variances from the requirements of this chapter.
b. The commission shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the administrative official in
the enforcement or administration of this chapter.
c. Those aggrieved by the decision of the commission, or any taxpayer,may appeal such
decision to the City Council sitting as Board of Adjustment, as provided in AS
29.40.050.
Section 7. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
10th day of April, 2023.
THE CITY OF SEWARD, ALASKA
CClu,fir
Sue McClure, Mayor
AYES: Wells, Osenga, DeMoss, Finch, Barnwell, Calhoon, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
� 0
Brenda J. Bal ou, MlC
City Clerk ••�� OF Set; �*'
•
(City SearfC;ie.CPR �t O
•• y SEAL • • !
•
•
• -.�.. •
•
Ir 'yam. `c-
''�.�OF At-I;os**
City Council Agenda Statement
a
Meeting Date: March 28, 2023 t!
To: City Council
From: Janette Bower, City Manager
Subject: Ordinance 2023-009: Amending Seward City Code; 15.25 Floodplain
Management,Adopting Recommended Language and Regulations from the
Federal Emergency Management Agency (FEMA)
Background and justification:
On March 29, 2022, the City Council approved the Planning and Zoning Commissions priorities, one
of which was to "make recommended updates to Title 15."
The Floodplain Management section in Seward City Code was last reviewed and updated in 2016.
The City of Seward has identified flood hazard areas that are subject to periodic inundation, which
may result in loss of life and property. FEMA has created this model ordinance to help communities
meet the minimum requirements of the National Flood Insurance Program (NFIP), and to promote
public health and safety, and minimize public and private losses during flooding.
The Planning and Zoning Commission held a joint public work session with the Seward Bear Creek
Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA.
The entire 15.25 Floodplain Management section currently in Seward City Code will be stricken and
replaced with the FEMA model Ordinance. Various revisions have been made due to discussions at
the joint work session and feedback from FEMA, to ensure that the Ordinance reflects the needs of
the community of Seward.
On November 8, 2022, the Planning and Zoning Commission postponed Resolution 2022-027 to
wait for further feedback from FEMA regarding the changes that had been proposed to the Seward
City Code Title 15.25 Floodplain Management.
On January 10, 2023 the Planning and Zoning Commission approved Resolution 2022-027
recommending the City Council amend Seward City Code 15.25 Floodplain Management to adopt
the recommended language and regulations from FEMA.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: Vol 1, Chapter 2.2.8 — City Government
"Continue to review and update the City code."
Vol 1, Chapter 3.8.1.2 — "Protect citizens from natural hazards by using
appropriate land use policies and regulations."
Vol 1, Chapter 3.8.1.4 —"Mitigate flood hazards"
Vol 1, Chapter 3.8.1.5—"Control development on lands subject to risks from
120
seismic activity,floods, steep slopes prone to erosion,avalanches, landslides,
and saturated soils."
Strategic Plan: "Mitigate flood hazards." Page 11
"Actively participate in the National Flood Insurance Program (NFIP)."Page
11
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Wat F1 Healthcare
Motor Pool Other
Note: amounts are unaudited
Fund Balance/Net position — unrestricted/unassigned $
Finance Director Signature: �f
Attorney Review
✓ Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
eAdopt ordinance
Other:
121