Ordinance 2857-05 - Laserfiche WebLink

SECTION 4: That Section 7 of the Shoreline Master Program, adopted in Section 1 of Ordinance No. 2600-02, as amended in Section 1 of Ordinance No. 2736-01, and codified as EMC 19.33D.040, which reads in part as follows: Floodway means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover conditions. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: Floodway means the channel of a river or other watercourse, and adjacent lands that must be reserved in order to discharge the base flood. Floodway includes, as stated in the Shoreline Management Act, RCW 90.58.030, those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover conditions. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. SECTION 5: Nothing in this ordinance shall be construed as abating any official action of the City now pending under or by virtue of any of the ordinances herein amended or superseded by the adoption of this ordinance or as waiving any right of the City under the policies, provisions and regulations amended or superseded by the adoption of this ordinance. SECTION 6: If any section, subsection, paragraph, sentence, clause or phrase set forth in this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, paragraph, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 7: It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. 3