Loading...
HomeMy WebLinkAboutO-0959 - Construction in flood hazard areas; repeals Sec. 16.32.010, 16.32.020 and 16.32.030 (Repealed by 1339)L <.J •J'• .. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.95' An Ordinance of the City of Marysville amending ChapteT 16.32 of the Marysville Municipal Code relatillig .to development permit requirements of the Nat~onal Flood Insurance Act,and repealing Sections 16.32.0·10,16.32.020 and 16.32.030 of the 'Mci'ro/sville Municipal Code. ).t WHEREAS,the City of Marysville wishes to maintain e'l~giB(ility (itri,the.Nati on'al 'f'~:oGd Insurance program,and in order to do SOf mu~t meet th~',~q~~rement$of 19l0.3(b)of the Federal Insurance AdministratioH re~Ulations;and WHEREAS,the.follo.wing requirements are mandated by the National Flood In s ur'anc e ,A:ct for all development wi thin Zone A of the Flood Hazard ~oundarj Map issued by the Federal Insurance Administration for this ~ommu.nity.,a copy of which is on file with the City C'I e'rjk,and incorporated herein by this reference,Now, Therefore, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Permit Re uirements for Develo ment Within Zone A of the Flood Hazar oun ary ape No person s a erect, construct,enlarge,alter,repair,improve,move or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person. No man-made change to improved or unimproved real estate, including but not limited to,buildings or other structures,mining, dredging,filling,grading,paving,excavation or drilling operations, shall be commenced until a separate permit has been obtained from the designated responsible person for each change. No mobile home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the designated responsible person. The permit referred to in this section may be merged with any building or other development permit issued by the City for the same project. Section 2.Application.To obtain a permit,the appli- cant shall first file a permit application on a form furnished for that purpose.The form must be completed and submitted to the designated responsible person,together with the fee normally required for development permits,before the issuance of a permit will be considered. -1- .- Section 3.Review of Applications.The Compliance Officer/City Planner,hereinafter referred to as the responsible person,is appointed as the "person"responsible for receiving applications and examining the plans and specifications for the proposed construction or development. After reviewing the application,the responsible person shall require any additional measures which are necessary to meet the minimum requirements of this document. Section 4.The responsible person shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law,including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C.1334. Section S. The responsible person shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.If a proposed building site is in a flood-prone area,all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall:(i)be designed (or modified)and adequately anchored to prevent flotation,collapse or lateral movement of the structure; (ii)be constructed with materials and utility equipment resistant to flood damage;and (iii)be constructed by methods and practices that minimize flood damage. Section 6.The responsible person shall review subdivi- sion proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding.If a subdivision proposal or other proposed new development is in a flood-prone area,any such proposals shall be reviewed to assure that (i)all such proposals are consistent with the need to minimize flood damage within the flood-prone area;(ii)all public utilities and facilities,such as sewer,gas,electrical and water systems are located and constructed to minimize or eliminate flood damage; and (iii)adequate drainage is provided to reduce exposure to flood hazards. Section 7.The responsible person shall require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems. Section 8. The responsible person shall require within flood-prone areas (i)new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters; and (ii)on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. -2- ..l .,".......,.-" Section 9.The ,responsible person shall require that all subdivlsionproposals and other proposed new developments greater than SO lots or 5 acres,whichever is the lesser,include within such proposals base flood elevation data., Section 10.The responsible person shall obtain,review and reasonably utilize any base flood elevation data available from a federal,state or ~ther source,until such other data has been ' provided by the Administrator,as criteria for requiring that (i) all new construction and substantial improvements of residential structures have the lowest floor (including basement)elevated to or above ~he base flood level;and (ii)all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement)elevated or floodproofed to or above the base flood level .. Section 11;For tl1e purpose of the determination of applicable flood insurance risk premium rates within Zone A on a communi ty's FHBM,the responsible person shall (i)obtain,'or require the applicant to furnish,the elevation (in relation'to mean sea level)of the lowest habitable floor (including basement)of all new or substantially improved structures,and whether or not such structures'contain a basement;(ii)obtain,or require the applicant to furnish,if the structure has been'floodproofed,the elevation ' (in relation to nlean sea level)to which the structure was flood- proofed;and (iii)maintain a record of all such information. Section 12.The responsible person shall notify,in riverine situations,adjacent communities and the State Coordinating, Office prior to any alteration or relocation of a watercourse,and submit copies of such notifications to the Administrator. Section 13.The responsible person shall assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Section 14,.The responiible'person shall requlre that all mobile homes to be placed within Zone,A on the community's Flood Hazard Bounda~y Map shall be ancho~ed to resist flotation, collapse,or lateral move~ent by providing over-the-top and frame ties to ground anchors.Specific iequirements shall be that (i)' over-the-top ties be provided at each of the four corners of the mobile home,with two additional ties per side at intermediate locations,and mobile homes less than 50 feet long requiring one additional tie per side;(ii)frame ties be provided at,each corner of the home with five addi tional'ties per s ide at in t errned i a te points,and mobile homes less than SO feet requiring four additional ties per side;(iii)all components of the anchoring system be capable of carrying a force of 4,800 pounds;and (iv)any additions to the mobile home be similarly anchored~ -3-' ...1•. .,•••,... ••.~,.. Section 15.The Fldod Haiard Boundary Map issued by, the Federal Insurance Administration for this community,dat~d the 15th day of March ,19 74,wi th Panel'Numbers , a-53011280-01 ,'and any officiallYpublished revisions to this map,is adopted as the official map for the enforcement of this document.Zone A on this map,delineates the area ~ithin which the requirements of this document will be enforced. Section 16.Definitions.Unless specifica~ly defined below,words or phrases used in this document sllall be ,interpreted so as to give them the same meaning as they have ,in common usage and so as to giv~this document its most reasonable application. "Base flood"means,the flood having a one percent chance 0&being equ~lled or exceeded in a~y given year.' "Development"means any man-made change to improved or' unimproved real estate,including but not limit~d,to buildings or' other structures,mining,dredging,filling,,grading,paving, excavation or drilling operations. "Fl ood"means a general and temporary condition of partial or,complete inundation of normally dry land'areasfrom:, (1)The'overflow of inland or tidal waters. (2)The'unusual and rapid accumulation or, runoff of surface waters from any source. "Flood Plain"or "flood-prone area"mean's any land area susceptible to being inundated by water from any source (see defi- nition of "flood"). "Fl codpr oo f i ng"means any combination of structural and non-structur~l additions,changes or adjustments to structures which reduc~or eliminate flood damage ,to real estate or improved real property,water and sanitary facilities,structures and their contents. "Habitable floor"means any floor usable for living purposes,which includes working,sleeping,eating,cooking or recreation,or a combination thereof.A floor used only for 'storage purposes is not a "habitable floor". ,"Mobile home"means a structure,transportable in one ,or more sections,which is built on a permanent chassis and designed ': to be us ed wi th or wi thout ,a permanent foundation when conne.cted to the required utili ties.It does not include recreational'vehicles or travel trailers.The term includes,but is not limited to~'the defini tion of "mobile home"as s et forth in regulations,governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)). -4- ·.".;',.-t•. ".. "Person"includes any individual or group of individuals, corporation,partnership,association,or any other entity,including state and local governments and agencies. "Riverine"means relating to,formed by,or resembling a river (including tributaries),stream,brook,etc. "Structure ll means,for flood plain management purposes, a walled and roofed building,including a gas or liquid storage tank,that is principally above ground,as well as a mobile home. "Substantial improvement"means any repair,reconstruction, or improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure either,(a)before the improvement or repair is started,or (b)if the structure has been damaged,and is being restored,before the damage occurred. For the purposes of this definition,"substantial improvement"is considered to occur when the first alteration of any wall,ceiling, floor,or other structural part of the building commences,whether or not that alteration affects the external dimensions of the structure.The term does not,however,include either (1)any pro- ject for improvement of a structure to comply with existing state or local health,sanitary,or safety code specifications which are solely necessary to assure safe living conditions,or (2)any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance"means a grant of relief by a community from the terms of a flood plain management regulations. Section 17.Repealer.The following sections of the Marysville Municipal Code are superceded by the provisions of this ordinance,and are hereby repealed:16.32.010,16.32.020 and 16.32.030. this PASSED by the City Council 2 ~day of Se.~b.r THE and APPROVED by the Mayor ,1977. CITY OF MARYSVILLE ATTEST: APPROVED AS TO FORM: BY~~...~j(Y 0 R -5-