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HomeMy WebLinkAboutOrdinance No. 3298-2022Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3298-2022 AN ORDINANCE ENACTING KENAI MUNICIPAL CODE CHAPTER 14.30-FLOODPLAIN MANAGEMENT, WITHIN TITLE 14-PLANNING AND ZONING, TO REGULATE LAND USE WITHIN THE FLOOD PLAIN AND AUTHORIZING THE CITY TO PARTCIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program (NFIP) via Resolution 2022-13; and, WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City’s bluff erosion project; and, WHEREAS, the City has the authority to enact and enforce regulations regarding the NFIP as a home rule municipality within the State of Alaska; and, WHEREAS, participating in the NFIP will benefit affected property owners through the availability of more affordable flood insurance; and, WHEREAS, the purpose of this ordinance is to promote public health, safety and general welfare, and to minimize public and private losses due to flooding in flood hazard areas; and, WHEREAS, it is in the best interest of the City and its residents to join the NFIP. WHEREAS, at its meeting on _____(date) the Planning and Zoning Commission recommended________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Enactment of Chapter 14.30 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.30 Flood Plain Management,_ is hereby enacted as follows: CHAPTER 14.30. FLOODPLAIN MANAGEMENT 14.30.010. Findings of Fact and Statement of Purpose. A.Findings. The flood hazard areas of the City of Kenai 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 the tax base, all of which adversely affect the public health, safety, and general welfare. 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 flood conditions in specific areas by provisions designed: AMENDED BY SUBSTITUTION Ordinance No. 3298-2022 Page 2 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 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. 9. Participate in and maintain eligibility for flood insurance and disaster relief. 14.30.015. Methods of Reducing Flood Loss. In order to accomplish its purposes, this chapter includes methods and provisions for: A. 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; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 14.30.030. General Provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai. B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows: The areas of special flood hazard identified by the federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study” applicable to the City of Kenai in its most recent adopted version (October 20,2016 titled “Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas”) and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this Chapter will be the basis for regulation until a new FIRM is issued. D. 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 Ordinance No. 3298-2022 Page 3 of 16 New Text Underlined; [DELETED TEXT BRACKETED] damages. This chapter shall not create liability on the part of the City of Kenai, 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. E. Noncompliance—Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation. F. Abrogation and greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this ordinance is more stringent, it must be complied with. G. Interpretation. In the interpretation and application of this ordinance, all provisions are considered minimum requirements, liberally construed in favor of the City and do not limit or repeal and other powers granted under state statutes. 14.30.040. Administration. A. Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established or incorporated into this Chapter. Whether or not a project or activity meets the definition for "development" under this Chapter is subject to a final written determination made by the planning department after consultation with the applicant. The permit shall be for all structures (including manufactured homes) and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. For A Zones (A, A1-30, AE, AH, AO): a. 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; b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria for non-residential construction; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. For V Zones (VE, V1-30 and V): a. 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; b. 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 Ordinance No. 3298-2022 Page 4 of 16 New Text Underlined; [DELETED TEXT BRACKETED] c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Floodplain Administrator. The Planning Director or his / her designee is appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. C. Duties and Responsibilities of the Planning Department. Duties of the planning department shall include but not be limited to the following: 1. Permit Application 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 permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that all provisions of this Chapter 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 planning department shall issue a floodplain development permit to the original applicant. 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. b. 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 planning department floodplain management office shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed. c. The floodplain development permit is not assignable without permission from the planning department. 3. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with the provisions of this Chapter, the planning department 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 the requirements of this Chapter. 4. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or is otherwise required, 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 must be recorded; b. For all new or substantially improved floodproofed structures: i. Record the actual elevation as submitted (in relation to mean sea level), and ii. Maintain the flood proofing certifications required by this Chapter; Ordinance No. 3298-2022 Page 5 of 16 New Text Underlined; [DELETED TEXT BRACKETED] c. Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity. 5. 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. 6. Remedial Actions. Take actions on violations of this ordinance as required in Chapter. 7. Alteration of Watercourses. a. Notify adjacent communities and the 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 the flood carrying capacity within altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. Require compliance with all other sections of this Chapter. 8. Fee Required. The planning department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current Schedule of Rates, Charges and Fees to be paid by the applicant at the time that the floodplain development permit application is submitted. 14.30.050. Standards. 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. Ordinance No. 3298-2022 Page 6 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 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. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures or slopes to guide floodwaters around and away from proposed structures. 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. 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, whichever is less. The floodplain requirements for subdivision plats, detailed in this Chapter, apply to all subdivision proposals. e. It is the responsibility of the subdivider to provide all necessary information regarding flood protection measures at the time the preliminary plat is presented for consideration by the planning commission. 5. Review of Development Permits. Where elevation data is not available, applications for development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding and will minimize adverse impacts to neighboring properties. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. B. Specific Standards. In Zone A, AE, A1-30, Ah and AO, as set forth by this Chapter, 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 Flood Protection 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: Ordinance No. 3298-2022 Page 7 of 16 New Text Underlined; [DELETED TEXT BRACKETED] i. A minimum of two openings located on separate walls and having a total net area of not less than 1 square inch for every square foot of enclosed space subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than 1 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. iv. Enclosed areas below the Flood Protection Elevation must be unfinished and usable only for parking, access or storage of materials easily moved during a flood event. v. Before a final floodplain development permit is issued by the planning department for a residential structure with enclosed areas below the base flood elevation, the owners shall sign a non-conversion agreement stating that the enclosed space shall remain in compliance with this Chapter. The non-conversion agreement shall be recorded by the City of Kenai placing future buyers of properties on notice of the hazards of enclosed spaces below the Flood Protection Elevation and the requirements to keep the permitted structure compliant with City of Kenai floodplain regulations. c. For zones AH, AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. d. A garage attached to a residential structure, constructed with the garage floor slab below the Flood Protection Elevation, must be designed to allow for the automatic entry and exit of flood waters. e. 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 this Chapter. 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. 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. f. For V Zones (VE, V1-30 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 Ordinance No. 3298-2022 Page 8 of 16 New Text Underlined; [DELETED TEXT BRACKETED] shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards; 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. 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 or above the 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 official planning department. d. 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; e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as 1 foot below that level). f. For zones AH, AO, and areas of the SMFDA, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. g. For A Zones (A, AE, A1-30, AH, AO): Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with this non-residential requirements. Ordinance No. 3298-2022 Page 9 of 16 New Text Underlined; [DELETED TEXT BRACKETED] Or, together with attendant utility and sanitary facilities, i. Be floodproofed below the elevation recommended 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. 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. h. 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 for non-residential construction. 3. Manufactured Homes. 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 subsection (A)(1) of this section. 4. Recreational vehicles. Recreational vehicles that are placed on sites within a Special Flood Hazard Area as identified by the current effective FIRM or DFIRM panel are required to either: a. Meet the requirements of Chapter, or b. Be on the site for fewer than 180 consecutive days, or c. Be fully licensed and ready for highway use, on its wheels or jacking system, and attached to the site only by a quick disconnect type utilities and security devices. 5. Appurtenant Structures (Detached garages and Storage Structures. a. For A Zones (A, AE, A1-30, AH, AO): 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; iii. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; iv. The appurtenant structure must comply with floodway encroachment provisions; and Ordinance No. 3298-2022 Page 10 of 16 New Text Underlined; [DELETED TEXT BRACKETED] v. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters. Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards as required for A zones. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. 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 for residential construction. i. Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Special Flood Hazard Area zones AE, A1-A30 as identified in the current effective FIRM or DFIRM panel at that location unless the applicant demonstrates in the application 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. ii. Fuel storage tanks. Any fuel storage tanks shall be elevated above the base flood elevation or made watertight and anchored to resist flotation, collapse, and lateral movement. The tank must also be installed within an impervious containment basin of a size sufficient to contain 110 percent of storage capacity plus 12 inches of freeboard. iii. Logging or clearing. Within any special flood hazard area of the current effective FIRM or DFIRM, logging or clearing may not increase runoff and/or erosion to such levels that it may significantly damage the floodplain function, riparian habitat or wetlands. iv. Floodways. Located within flood hazard areas established in this Chapter 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 any increase in flood levels during the occurrence of the base flood discharge. 2. If subdivision (1) of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the City 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 Notification to Other Entities (B) D. Coastal High Hazard Areas. Where FEMA has identified coastal high hazard areas (Zones V, VE, and V1-V30) on the FIRM or DFIRM, construction shall meet the following requirements in addition to all other provisions in this chapter: 1. All new construction shall be located landward of the reach of mean high tide and shall be anchored to prevent lateral movement, floatation or collapse. Ordinance No. 3298-2022 Page 11 of 16 New Text Underlined; [DELETED TEXT BRACKETED] a. 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; b. 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 c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. All new construction, manufactured homes, and substantial improvements within coastal high hazard areas 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 elevation; 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 1 percent chance of being equaled or exceeded in any given year (100-year or 1- percent annual exceedance probability 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 provide a certification that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subdivisions (2)(a) and (2)(b) of this subsection. The certification and related records will be maintained in the planning department permit files in perpetuity. 3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions. Such enclosed space shall not be used for human habitation (only used for parking of vehicles, storage or building access) and must be in compliance with the residential construction standards required in this Chapter. 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 1 percent chance of being equaled or exceeded in any given year (100-year or 1-percent annual exceedance probability mean recurrence interval). 4. The use of fill for structural support of buildings within coastal high hazard areas on the FIRM or DFIRM is prohibited. 5. Manufactured Homes. All manufactured homes to be placed or substantially improved within coastal high hazard areas shall meet the requirements for new and substantial improvement construction. E. Standards for Storage of Materials and Equipment a. 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. 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. 14.30.060. Variance procedure. A. Appeal Board. Ordinance No. 3298-2022 Page 12 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 1. The Kenai Planning and Zoning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning department in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the planning commission may appeal such decision in accordance with KMC 14.20.290 and 14.20.300. 4. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other section 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 of the 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 of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; 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 planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter, 6. The planning department 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 ½ 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 or the State Inventory 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. Ordinance No. 3298-2022 Page 13 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 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, or to economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, exceptions 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 of floodproofing than watertight or dry-flood proofing where it can be determined that such action will have low damage potential, complies with all other exception criteria except subsection (B)(1) of this section, and otherwise complies with this Chapter. 8. Any applicant to whom a variances 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. 14.30.070. Definitions. For the purposes of this chapter, the following words and phrases shall be defined as follows: "100-year or 1-percent annual exceedance probability flood" (also called "regulatory flood," "base flood", "base flood depth", or "special flood hazard area") means a flood with a 1 percent chance of being equaled or exceeded in any year. Statistical analysis of available streamflow or storm records, or analysis of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used to determine the extent and depth of the 100-year or 1-percent annual exceedance probability flood. “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, V1-30, 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. “Base flood elevation (BFE)” The elevation to which floodwater is anticipated to rise during the base flood. "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. Ordinance No. 3298-2022 Page 14 of 16 New Text Underlined; [DELETED TEXT BRACKETED] "Clearing" means the act of removing trees or vegetation on a cumulative 20 percent or more of a given parcel of land. "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 designated on the FIRM as zone V1-30, 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. "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. "Federal Emergency Management Agency" is the agency responsible for administration of the National Flood Insurance Program. "Flood hazard area" means the land area covered by the flood, having a 1 percent chance of occurring in any given year. See also "100-year or 1-percent annual exceedance probability flood." 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, V1-30, VE). “flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. "Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM)" means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and risk premium zones applicable to the community. A FIRM that been made available digitally is called a Digital Flood Insurance Rate Map. "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.” “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. "Logging" means the process, work, or business of cutting down trees, storage of logs and transporting the logs to sawmill(s), or for sale or export. "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. "Manufactured home" means a structure, transportable in 1 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. Ordinance No. 3298-2022 Page 15 of 16 New Text Underlined; [DELETED TEXT BRACKETED] “New construction” For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 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. "Planning department" means the planning department of the City of Kenai. "Primary structure" means a dwelling, a building suitable for commercial use, or any structure which will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable only in the SMFDA. "Special Flood Hazard Area (SFHA)" see “Flood Hazard Area”. "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 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. "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 damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed 50 percent of the assessed value of the structure before damage occurred. "Substantial evidence" means evidence a reasonable mind might accept to support a conclusion. "Substantial improvement" means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed 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. This 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 or cited by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or State Register of Historic Places. Section 2. That the City Manager, or his designee, is authorized to apply for entry into the NFIP on behalf of the City. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder Ordinance No. 3298-2022 Page 16 of 16 New Text Underlined; [DELETED TEXT BRACKETED] of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: July 6, 2022 Enacted: August 3, 2022 Effective: September 2, 2022 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: June 30, 2022 SUBJECT: Ordinance 3298 – 2022 Enacting Floodplain Management The Council expressed its intent to participate in the National Flood Insurance Program (NFIP) earlier this year via Resolution No. 2022-13. Participation in the NFIP is a requirement to work with the US Army Corp of Engineers on the bluff erosion project. This ordinance enacts a new chapter of code within Title 14 and authorizes the City Manager to apply for entry into the NFIP on behalf of the City. City administration has been working with a FEMA Region 10 Floodplain Management Specialist to work through the process and draft the new chapter of code with provisions meeting federal regulatory requirements. The new proposed chapter was modeled after the Kenai Peninsula Borough’s existing NFIP ordinances, updated to meet newer federal requirements, and customized to work within the City’s existing code structure. It is intended by administration that Council will receive input from the Planning and Zoning Commission prior to enactment. Your consideration is appreciated.