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HomeMy WebLinkAboutOrd2013-010 Sponsored by: Planning and Zoning Commission Introduction Date: June 24, 2013 tiro Public Hearing Date: July 8, 2013 Enactment Date: July 8, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.25. FLOODPLAIN MANAGEMENT TO ADOPT THE DIGITAL FLOODPLAIN RATE MAPS (DFIRM) AND THE FLOOD INSURANCE STUDY (FIS) DATED SEPTEMBER 27, 2013 AS ESTABLISHED BY FEMA AND UPDATE PORTIONS OF CHAPTER 15.25 TO MINIMUM FEMA REQUIREMENTS WHEREAS, City Council adopted Ordinance 98 -11 in November 1998, establishing Chapter 15.25 Floodplain Management of the Seward City Code; and WHEREAS, City Council adopted Resolution 98 -127 authorizing the participation in the National Flood Insurance Program (NFIP); and �.. WHEREAS, the Federal Emergency Management Administration (FEMA) has worked to digitize the local 1981 Floodplain Rate Maps (FIRM) and update the Flood Insurance Study (FIS) since January 2006; and WHEREAS, both the City of Seward and Seward Bear Creek Flood Service Area (SBCFSA) have held numerous public meetings and work sessions in discussion and review of the DFIRMs; and WHEREAS, the Federal Insurance Administration issued the letter of final determination on March 27, 2013, thereby, setting a mandatory six -month adoption date of September 27, 2013; and WHEREAS, Chapter 15.25 Floodplain Management, of the Seward City Code has not been updated since it was established in 1998; and WHEREAS, with the Federal Insurance Administration, September 27, 2013 DFIRM adoption. Seward City Code requires updating to remain eligible for the National Flood Insurance Program; and WHEREAS, at its June 4, 2013 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments, including the adoption of the DFIRMs and the FIS dated September 27, 2013. CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 411j NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended as follows: Chapter 15.25 is hereby amended as follows: (Deletions are Bold; Additions are Bold Underline) 15.25.020. - Definitions Development means any manmade 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 (note: add this per -/4 CFR 59.1) located within the area of special flood hazard. Floodplain or flood -prone means any land area susceptible to being inundated by water from any source (see definition of "flooding ). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters and /or the unusual and rapid accumulation of or runoff of surface waters from any source. 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. (note: add this per 44 CFR 59.1) 15.25.030. - General provisions * ** (b) Basis for establishing flood hazard areas. - • . . . . . .. . • • „ . . • .. • 1 1 . 1 1 . • . • „ • • • • •. . • • • . • • ' • . • `' • • . • • • • • . . • . (note: remove and replace with required language 44 CFR 60.3.c,d.e) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward), dated September 27, 2013, with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 Study (FIS) and Flood Insurance Rate Map (FIRM) are on file at the �•• Community Development Office. 15.25.050. - Provisions for flood hazard reduction (A.) General standards. In all flood hazard areas, the following standards are required. * ** (4) Subdivision proposals d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for, and included in subdivision proposals which contain greater than 50 lots or five acres, off-- greater whichever is less (note: remove and replace with required language 44 CFR 60.3()) (3)) * ** (B) Specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in section 15.25.030(b), the following provisions are required: (1) Residential construction * ** c. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 44 CFR 60.3 (c) (1 1)) (2) Nonresidential construction * ** f. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 60.3 (c) (1 1 )) (3) Manufactured homes a. All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a �""" permanent foundation such that the lowest floor of the CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 manufactured home is at or above the base flood elevation and be .�r securely anchored to an adequately anchored foundation system in accordance with the provisions of 15.25.050(a)(1)b. b. When in an existing manufactured home park, for any new or substantially improved manufactured home its chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches above grade and be securely anchored so as to resist flotation, collapse, and lateral movement. (note: add this per 60.3 (c) ( (4) Recreational Vehicles. For any recreational vehicle placed on sites within Zones Al — A30, AH, and AE, it must be on site less than 180 consecutive days, or be fully licensed and ready for highway use or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). 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 has no permanently attached additions. (note: add this per 60.3 (c) (14)) * ** (D) Coastal high hazard areas * ** (4) The use of fill for structural support of buildings within Zones VE V1-V30 Von the FIRM is prohibited. (note: add this per 60.3 (e) (6)) (5) For any recreational vehicle placed on sites within Zones V1— V30, V, and VE, it must be on the site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). 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 has no permanently attached additions. (note: add this per 60.3 (e) (9)) Section 2. This ordinance shall take effect ten (10) days following enactment. sib CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8 day of July, 2013. THE CITY OF SEWARD, ALASKA David eaward, s AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: k renda J.: , lou Acting City Clerk tr ®srs oy L (City �F 114 o. • • ` • N SEAL i O 4 cf'�,•/NE 1:453 a , a r s � s I- srszsaa.% err Agenda Statement H of sew Meeting Date: June 24. 2013 F =� To: City Council _ Through: Jim Hunt, City Manage 4 Through: Ron Long, Assistant City Manager ' From: Donna Glenz, Planner .I�' 4 �V Agenda Item: City Council amend Seward City Code 15.25. Floodplain Management to Adopt the Digital Flood Insurance Rate Maps (DFIRM) and the Flood Insurance Study (FIS) Dated September 27, 2013 BACKGROUND & JUSTIFICATION: In January 2006 the Federal Emergency Management Administration (FEMA) started work to modernize the 1981 Flood Insurance Rate Maps (FIRM) and the Flood Insurance Study (FIS). Since that time City staff and the Seward Bear Creek Flood Service Area Board (SBCFSA) have held numerous meetings and teleconferences with FEMA regarding the program to modernize the flood maps by digitizing the old 1981 maps. While it is well known that the 1981 FIRMs needed to be corrected and the Seward flood area re- studied and remapped; the federal government did not fund such a program. What was funded was the modernization of the 1981 FIRMs by digitizing them. There were some updates done such as adding the area of Fourth of July Creek and a few minor corrections made. In November of 1998 City Council adopted Ordinance 98 -11 establishing Chapter 15.25 Floodplain Management of the Seward City Code. City Council also adopted Resolution 98 -127 authorizing the participation in the National Flood Insurance Program (NFIP). Since 1998 the City has been managing the floodplain based on the 1981 FIRMs. On March 27, 2013 the Federal Insurance Administration issued the letter of final determination on the DFIRMs. Once the letter of final determination has been issued the City has six (6) months to officially adopt the maps. If the City were to choose to not adopt the maps the City would be removed from the NFIP and become ineligible for flood related federal funding. Over the past 15 years the Federal Insurance Administration has issued changes to the minimum code compliance requirements. The City has made no updates or amendments to the City Code Chapter 15.25 Floodplain Management since the original adoption in 1998. Therefore, in addition to formally adopting the new DFIRMs, the following Code changes are necessary in order to remain eligible for the National Flood Insurance Program. Specific additions, deletions or changes are as follows: (Deletions are Bold Str-ikethrottells; Additions are Bold Underline) 15.25.020. - Definitions Development means any manmade 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 ( note: add this per 44 CFR 59.1) located within the area of special flood hazard. Floodplain or flood -prone means anv land area susceptible to being inundated by water from anv source (see definition of "flooding "). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters and/or the unusual and rapid accumulation of or runoff of surface waters from any source. 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. (note: add this per 44 CFR 59.1) 15.25.030. - General provisions * ** (b) Basis for establishing flood hazard areas. ... • • . . • • . . . . . . . 9 • 9 • .. . . • • . (note: remove and replace with required language 44 CFR 60.3,c,d,e) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward), dated September 27, 2013, with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) are on file at the Community Development Office. 15.25.050. - Provisions for flood hazard reduction (A.) General standards. In all flood hazard areas, the following standards are required. * ** (4) Subdivision proposals * ** d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for, and included in, subdivision proposals which contain greater than 50 lots or five acres, or-greater whichever is Less (note: remove and replace with required language 44 CFR 60.3(b) (3)) * ** (B) Specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in section 15.25.030(b), the following provisions are required: (1) Residential construction * ** c. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 44 CFR 60.3 (c) (11)) (2) Nonresidential construction * ** f. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 60.3 (c) (11)) (3) Manufactured homes a. All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of 15.25.050(a)(1)b. b. When in an existing manufactured home park, for any new or substantially improved manufactured home its chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches above grade and be securely anchored so as to resist flotation, collapse, and lateral movement. (note: add this per 60.3 (c) (12)) (4) Recreational Vehicles. For any recreational vehicle placed on sites within Zones Al — A30, AH, and AE, it must be on site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). 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 has no permanently attached additions. (note: add this per 60.3 (c) (14)) * ** (D) Coastal high hazard areas * ** (4) The use of fill for structural support of buildings within Zones VE V1-V30 V on the FIRM is prohibited. (note: add this per 60.3 (e) (6)) (5) For any recreational vehicle placed on sites within Zones V1 —V30, V, and VE, it must be on the site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). 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 has no permanently attached additions. (note: add this per 60.3 (e) ( CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan 3.7.3 Continue to improve the quality and efficiency of city governmental 1. services. X Bullet 1 - Continue to review and update of the Seward City Code. (page 27) As per Seward City Code the Planning and Zoning Commission held a public hearing and approved P &Z Resolution 2013 -12, at their June 4, 2013 meeting, recommending City Council approved the attached Ordinance, amending Seward City Floodplain Code 15.25 and adopting the Digital Flood Insurance Rate Maps. INTENT: Adopt the Digital Floodplain Rate Maps (DFIRM) and the Flood Insurance Study (FIS) Dated September 27, 2013 and update the SCC 15.25 to minimum FEMA standards. FISCAL NOTE: Implementation of the new floodplain ordinance may not have an immediate or direct cost to the City; it could have a material impact to City, local businesses and individuals who are determined to be in a Special Flood Hazard Area. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Staff and the Planning and Zoning Commission recommend the Council introduce and enact Ordinance 2013- , amending Seward City Code 15.25 Floodplain Management.