HomeMy WebLinkAboutOrd1998-011
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Sponsored by: P&Z Commission
CITY OF SEWARD, ALASKA
ORDINANCE 98 - 11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING TITLE 15 TO INCLUDE A NEW CHAPTER 15.25.
FLOODPLAIN MANAGEMENT
WHEREAS, certain areas of Seward are subject to periodic flooding, causing serious
damage to properties within these areas; and
WHEREAS, relief is available in the form of Federally subsidized flood insurance as
authorized by the National Flood Insurance Act of 1968; and
WHEREAS, the City Council has adopted Resolution No. 98-127, authorizing the City's
participation in the National Flood Insurance Program; and
WHEREAS, this body has the legal authority to adopt land use and control measures to
reduce future flood losses pursuant to AS 29.40.010(b), Kenai Peninsula Borough Code of
Ordinances 21.01.020, and Seward City Code 15.01.010; and
WHEREAS, at its October 7, 1998 meeting the Planning and Zoning Commission held a
public hearing and recommended City Council approval of this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. Amend Seward City Code Title 15 Planning and Zoning by adding a new chapter
Floodplain Management.
Chapter 15.25 Floodplain Management
15.25.010 Findings and statement.
15.25.020 Definitions.
15.25.030 General provisions.
15.25.040 Administration.
15.25.050 Standards.
15.25.060 Appeal and variance procedure.
15.25.010 Findings and statement.
A. Findings. The flood hazard areas of the City of Seward are subject to periodic
inundation which 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 tax base, all of which adversely affect the public health, safety, and general
welfare.
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 flood conditions
in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and 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, streets, and bridges located in areas of special flood
hazard;
6. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
C. Objectives. In order to accomplish its purposes, this chapter includes methods
and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which held accommodate or channel floodwaters;
4. Controlling filling, grading, dredging, and other development which may
increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in other areas.
15.25.020 Definitions. For purposes of this chapter, the following words and phrases shall
be defined as follows:
Appeal means a request for a review of the administrative official's interpretation of
any provision of this ordinance or a request for a variance.
Base flood means the flood having a one percent chance of being equalled or
exceeded in any given year. Also referred to as the 100-year flood. Designation on maps always
includes the letters A or V.
Breakaway wall means a wall that is not part ofthe 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.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 98-11
Coastal high hazard area means the area subject to high velocity waters due to wind,
tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a
wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and
lives. The area is designated on the FIRM as Zone Vl- V30, VE or V.
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 located within the area of special flood hazard.
Federal Emergency Management Agency is the agency responsible for administration
of the National Flood Insurance Program.
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 runoff of surface waters from any source.
Flood hazard area means the land in the floodplain having a one percent or greater
chance of flooding in any given year. Designation on maps always includes the letters A or V.
Flood Insurance Rate Map (FIRM) means the official map on which FEMA has
delineated the areas of special flood hazard, the water surface elevation of the base flood and the
flood insurance rate zones.
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, usually one foot, at any point.
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 the basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of this chapter found at Section 15.25.050.B.1.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 to the required utilities. For floodplain management purposes the term manufactured
home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days. For insurance purposes the term manufactured home does not include
park trailers, travel trailers, and other similar vehicles.
Start of construction includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation. 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 erection oftemporary forms; nor does it include the installation on the property of
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accessory buildings, such as garages or sheds not occupied as dwelling units or not part ofthe main
structure.
Structure means a walled and roofed building including liquid or gas storage tank,
as well as a manufactured home that is principally above ground.
Substantial iml'rovement means any remodeling, repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the improvement or repair is started or, if the property has been damaged and
is being restored, before the damage occurred.
Variance means a grant of relief from the requirements ofthis chapter, which permits
construction in a manner that would otherwise be prohibited by this chapter.
15.25.030 General provisions.
A. Lands to Which this Chapter ApJ'lies. This chapter shall apply to all flood hazard
areas within the corporate limits of the City of Seward.
B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified by
the Flood Insurance Rate Maps with an effective date of May 19, 1981, revised on July 5,1983. The
Flood Insurance Rate Maps are adopted by reference and declared to be a part ofthis chapter. The
Flood Insurance Rate Maps are on file with the City of Seward.
C. 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 areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the City of Seward, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made thereunder.
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.
15.25.040 Administration.
A. Development Permit Required. A development permit shall be obtained before
construction or development begins within flood hazard areas established in Section 15.25.030(B).
The permit shall be for all structures and for all other development including fill and other activities.
Application for a development permit shall be made on forms furnished by the administrative official
and shall include but not be limited to: plans drawn to scale showing the nature, location,
dimensions, and elevations 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:
1. Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been
floodproofed;
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 98-11
3. Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section
15.25.050(B)(2);
4. Description of the extent to which a watercourse will be altered or
relocated as a result of the proposed development.
B. Duties and Res,ponsibilities of the Administrative Official. Duties of the
administrative official shall include, but not be limited to:
1. Permit review.
a. Review all development permit applications to determine that the
permit requirements have been met.
b. Review all development permit applications to determine that all
necessary permits have been obtained from those federal, state, or local governmental agencies from
which prior approval is required.
c. Review all development permits applications to determine if the
proposed development is located in the floodway. If located in the floodway, assure that the
encroachment provisions of Section 15.25 .050(C)( 1) are met.
2. Issue permit.
a. 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.
b. The floodplain development permit shall be valid for a period of
one year from the issue date.
c. The floodplain development permit is not assignable without
permission from the administrator.
3. Use of other base flood data. When base flood elevation data has not been
provided in accordance with Section 15.25.030(B), (Basis for Establishing the Flood Hazard Areas)
the administrative official shall obtain, review, and reasonably utilize any base flood and floodway
elevation data available from a federal, state or other source, in order to administer subsections B.
Specific Standards and C. Floodways of Section 15.25.050.
4. Information to be obtained and maintained.
a. Where base flood elevation data is provided through the Flood
Insurance Study or required in subsection B(3) of this section, record the actual elevation as
submitted (in relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure contains a basement;
b. For all new or substantially improved floodproofed structures:
i. Verify and record the actual elevation (in relation to mean
sea level), and
ii. Maintain the floodproofing certifications required in Section
15.25.040(A)(3);
c. Maintain for public inspection all records pertaining to the
provisions ofthis chapter.
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5. Alteration of watercourses.
a. Notify adjacent communities and the State of Alaska, Department
of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not diminished.
6. Interpretation of FIRM boundaries. Make interpretations where needed,
as to exact location of the boundaries of the areas of special flood hazards. The person contesting
the location ofthe boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Section 15.25.060.
7. Permit Fee. 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.
15.25.050 Provisions for Flood Hazard Reduction.
A. General Standards. In all flood hazard areas, the following standards are required.
1. Anchoring.
a. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
b. All manufactured homes must 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.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. 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.
3. Utilities.
a. All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
b. 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,
c. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to
minimize flood damage.
b. All proposed improvements such as water, sewer, natural gas,
telephone and electrical facilities shall be located and constructed in a manner which will minimize
damage in the event of a flood.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 98-11
c. All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
d. Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for subdivision proposals which
contain 50 lots or 5 acres, or greater.
5. Review of Building Permits. Where elevation data is not available,
applications for building permits shall be reviewed to assure that proposed construction will be
reasonable 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. S.vecific 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.
a. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above the base flood
elevation.
b. Fully enclosed areas below the lowest floor that are subject to
flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or 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 area 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 the level ofthe base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood level the structure is
watertight 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 architect that
the standards of this subsection are satisfied. Such certifications shall be provided to the
administrative official as set forth in Section 15.25.040(B)(4)(b).
d. Nonresidential structures that are elevated, not floodproofed, must
meet the same standard for space below the lowest floor as described in Section 15.25.050(B)(1)(b).
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e. Applicants floodproofing nonresidential buildings shall be notified
that flood insurance premiwns 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).
3. Manufactured Homes. All manufactured homes to be placed or
substantially improved within Zones AI-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 IS.2S.050.A.(I)(b).
C. Floodways. Locations within flood hazard areas established in Section
15.2S.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area
due to erosion potential and the velocity of floodwaters which carry debris, the following provisions
apply:
1. All encroachments, including fill, new construction, substantial
improvements, and other development are prohibited unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments shall not result in an increase in
flood levels during the occurrence of the base flood discharge.
2. If section one of this subsection is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction provisions of this
section.
D. Coastal High Hazard Areas. Located within flood hazard areas established in
15.2S.030(B) are Coastal High Hazard Areas, designated as Zones VI-V30, VE and/or V. These
areas have special flood hazards associated with high velocity waters from tidal surges and,
therefore, in addition to meeting all provisions in this ordinance, the following provisions shall also
apply:
1. All new construction shall be located landward ofthe reach of mean high
tide.
2. All new construction and substantial improvements within Zones Vl- V30
and VB (V ifbase flood elevation data is available) shall be elevated on adequately anchored pilings
or columns such that:
a. The bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above the base flood level; and
b. The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water loading values shall each have
a one percent chance of being equaled or exceeded in any given year (laO-year mean recurrence
interval); and
c. 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 sections (2)( a) and (2)(b) of this subsection.
3. All new construction and substantial improvements shall have the space
below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily
enclosed space shall not be used for hwnan habitation. For the purpose 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. Use of breakaway walls which exceed a design safe loading resistance of20 pounds
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 98-11
per square foot (either by design or when so required by local or State codes) may be permitted only
if a registered professional engineer or architect certifies that the designs proposed meet the
following conditions:
a. Breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and
b. The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination shall each
have a one percent chance of being equaled or exceeded in any given year (1 OO-year mean recurrence
interval).
4. The use of fill for structural support of buildings within Zones Vl- V30 on
the FIRM is prohibited.
15.25.060 Appeal and Variance procedure.
A. Appeal Board.
1. The Seward Planning and Zoning Commission (Commission) shall hear
and decide appeals and requests for variances from the requirements of this chapter.
2. 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.
3. Those aggrieved by the decision ofthe Commission, or any taxpayer, may
appeal such decision to the City Council sitting as board of adjustment, as provided in AS 29.40.050.
4. In passing upon such applications, the Commission 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 to 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 ofthe services provided by the proposed facility
to the community;
e. The necessity to the facility of a waterfront location, where
applicable;
f. 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 the existing and
anticipated development;
h. The relationship ofthe proposed use to the comprehensive plan and
floodplain management program for that area;
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and emergency vehicles;
I. The safety of access to the property in times of flood for ordinary
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters 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, and water systems, and streets and bridges.
5. Upon consideration of the factors of subsection (A)( 4) of this section and
the purposes of this chapter, the Commission may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this chapter,
6. The Commission shall maintain the records of all appeal actions and report
any variances to the Federal Insurance Administration upon request.
B. Conditions for Variances.
1. Generally, the only condition under which a variance from the elevation
standard may be issued is for new construction and substantial improvements to be erected on a lot
of 1/2 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 subsection (A)(4) of this
section have been fully considered. As the lot size increases the technical justification required for
issuing the variance increases.
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
procedures set forth in this section.
3. Variances shall not be issued within a designated floodway if any increase
in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
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 hardship to the applicant;
c. 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.
6. Variances as interpreted in the National Flood Insurance Program are based
on the general zoning law principle that they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential neighborhoods.
As such, variances from the flood elevations should be quite rare.
7. Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree offloodproofing than watertight or dry-flood proofing where
it can be determined that such action will have low damage potential, complies with all other
variance criteria except subsection (B)(l) of this section, and otherwise complies with Section
15.2S.060(A) and (B).
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 98-11
8. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
23 day of November, 1998.
THE CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSTAIN:
ABSENT:
Blatchford, Callahan, Gage, Orr, Satin, Shafer
None
None
King
ATTEST:
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Patrick Reilly
City Clerk> "",-'- --,
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