HomeMy WebLinkAboutO-2466 - Amends Sec. 16.32.110 and 16.32.160, floodplain management (Repealed by 2852)~.,.
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO ..l~}q
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
AMENDING SECTIONS 16.32.110 (DUTIES AND RESPONSIBILITIES OF
BUILDING OFFICIAL)AND 16.32.160 (SPECIFIC STANDARDS) OF THE
MARYSVILLE MUNICIPAL CODE RELATING TO FLOODPLAIN
MANAGEMENT.
WHEREAS,the City Council of the City of Marysville does find that from time to time it is
necessary and appropriate to review and revise provisions of the City's building code (Title 16
MMC);and
WHEREAS,following a comprehensive review of the above-referenced City codes by City
staff, the Maryville Planning Commission held a public workshop on December 10,2002;and
WHEREAS,after providing notice to the public as required by law,on January 14,2003 the
Marysville Planning Commission held a public hearing on proposed changes to the City's building
code and received public input and comment on said proposed revisions;and
WHEREAS,at a public meeting on February 10, 2003 the Marysville City Council reviewed
and considered the amendments to the building code proposed by the Marysville Planning
Commission;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.MMC 16.32.110 is hereby amended to read as follows:
16.32.110 Duties and responsibilities of building official.
Duties of the building officialshallinclude,but not be limited to:
.(1)Permit Review.
(a)Review all development permits to determine that the permit requirements of this chapter
have been satisfied;
(b)Review all development permits to determine that all necessarypermits have been obtained
from those federal, state or local governmental agencies from which prior approval is required;
(c) Reviewall development permits in the area of special flood hazard, except in the coastal high
hazard area, to determine if the proposed development adverselyaffects the flood carryingcapacity of the
area of special flood hazard. For the purpose of this chapter, "adversely affects" means that the cumulative
effect of the proposed development when combined with all other existingand anticipated development will
increase the water surface elevation of the base flood more than one foot at anypoint.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with MMC 16.32.040,Basis for establishing the areas of specialflood hazard, the building official
shall obtain, review and reasonably utilizeany base flood elevation and floodway data availablefrom a federal.
state or other source, in order to administer MMC 16.32.160,Specificstandards,16.32.180,Manufactured
homes,16.32.190,Recreational vehicles and 16.32.200.Floodways.
(3)Information to Be Obtained and Maintained.
(a) Where base flood elevation data is provided through the Flood Insurance Study or required
asin subsection (2)of this section,obtain and record the actual elevation (in relation to mean sea lcvcl_of the
lowest floor (including basement) of allnew or substantiallyimproved structures, and whether or not the
structure contains a basement;
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(b)For all new or substantially improved floodproofed structures:
0)Verity and record the actual elevation (in relation to mean sea level)to which the
structure was floodproofed;and
(ii)Maintain the floodproofing certifications required in MMC 16.32.090(3);
(c)Maintain for public inspection all records pertaining to the provisions of this chapter.
(4)Alternation of Watercourses.
(a)Notify adjacent communities and the Washington State Department of Ecology prior to any
alteration or relocation of a watercourse,and submit evidence of such notification ot the Federal Insurance
Administration,
(b)Require that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood-carrying capacity is not diminished.
(5)Interpretation of FIRM Boundaries.Make interpretations,where needed,as to exact location of
the boundaries of the area of special flood hazards (for example,where there appears to be a conflict between
a mapped boundary and actual field conditions).The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provide in MMC 16.32.120.
Section 2.MMC 16.32.110 is hereby amended to read as follows:
16.32.160 Specifie standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth in
MMC 16.32.040, Basis for establishing the areas of special flood hazard,or MMC 16.32.110(2), Use of Other
Base Flood Data,the following provisions are required:
(1)Construction or reconstruction of residential structures is prohibited within designated
floodways except for: (a) repairs,reconstruction or improvements to a structure which do not increase the
ground floor area; and (b) repairs,reconstruction or improvements to a structure,the cost of which does not
exceed 50 percent of the market value of the structure either (i)before the repair,reconstruction or
improvement is started,or (ii)if the structure has been damaged and is being restores,before the damage
occurred.Work done on structures to comply with existing health, sanitary or safety codes or to structures
identified as historic places shall not be included in the 50 percent determination.
(2)New construction and substantial improvement of any residential structure shall have the lowest
floor,including basement,elevated one foot above the base flood elevation.
(3)Electrical,heating,ventilation,plumbing and air conditioning equipment and other service
facilities shall be designed and!or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(4)New construction and substantial improvement of any nonresidential structure shall wither 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 for up to one foot above the base flood elevation 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 buovancv;and
(~)B~certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting the provisions of this
subsection based on their development and!or review of the structural design,specifications and plans. Such
certifications shall be provided to the building official as set forth in MMC 16.32.110(3)(b);
(i)Nonresidential structures that are elevated,not floodproofed,must meet the same
standards for space below the lowest floor as described in subsection (6)of this section;
(ii)Applicants floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed
to the base flood level will be rated as one foot below).
(5)Encroachments,including fill,new construction,substantial improvements and other
developments shall be prohibited in any floodway unless a technical evaluation demonstrates that the
By:
Date of Publication:
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encroachments will not result in anyincrease in flood levelsduring the occurrence of the base flood
discharge.
(6)For all new construction and substantial improvements,fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to automaticallyequalizehydrostatic flood forces on
exterior walls by allowingfor 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: a minimum of two openings having a total net area of not less than one square inch for
everysquare foot of enclosed area subject to flooding shallbe provided. The bottom of allopening shall be
no higher than one foot above grade.Opening may be equipped with screens, louvers or other coverings or
devices;provided, that they permit the automatic entry and exit of floodwaters.
Section 3.Severability.If any section,subsection,sentence,clause,phrase or work of this
ordinance should be beld to be invalid or unconstitutional by a court of competent jurisdiction,such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other
section,subsection,sentence,clause,phrase or word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this 2 'f.t:J...day of
Y"'-~,2003.
CITY OF MARYSVILLE
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Approved as to form:
By:D~t W»-J
GRANT K.WEED,CITY ATTORNEY
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Effective Date:3-31-0 "3
(5 days after publication)