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Home My WebLink AboutO-2955 - Adds Sec. 22E.020.210; amends Sec. 22A.020.200, 22E.020.030 and 22E.020.150, floodplain management (22A.020, 22E.020)CITY OF MARYSVILLE Marysville, Washington ORDINANCE N0.1-CJSS AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON RELATED TO FLOODPLAIN MANAGEMENT REQUIREMENTS, AMENDING SECTION(S) 22E.020.030 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; 22E.020.150(1)(b)(ii) SPECIFIC STANDARDS; 22A.020.200 "S" DEFINITIONS SUBSTANTIAL IMPROVEMENT (FLOODPLAIN MANAGEMENT); AND ADDING A NEW SECTION 22E.020.210 SEVERABILITY 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 Uniform Development Code (Title 22 MMC); and WHEREAS, following a comprehensive review of the above-referenced City codes by City staff, the Marysville Planning Commission held public workshop on January 28, 2014; and WHEREAS, after providing notice to the public as required by law, on February 11, 2014 the Marysville Planning Commission held a public hearing on proposed changes to the Uniform Development Code and received public input and comment on said proposed revisions; and WHEREAS, the City has submitted the proposed development regulation revisions to the Washington State Department of Community, Trade, and Economic Development as required by RCW 36.70A.106; and WHEREAS, the City has complied with the requirements of the State E nvironmental Policy Act, Ch. 43 .21 C RCW, (SEPA) by adopting a determination of non-significance for the adopti~n of the proposed revisions to the City's development regulations; WHEREAS, no substantive comments were received from the state agencies, the general public, affected Tribes, or the Department of Ecology; and WHEREAS, at a workshop on March 3, 2014 and a public meeting on March 10, 2014 the Marysville City Council reviewed and considered the amendments to the Uniform Development Code proposed by the Maryville Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: ORDINANCE -1 FLOODPLr\IN MANAGEMENT ORD Sections: Article I. Purpose Article II. General Provisions Chapter 22E.020 FLOODPLAIN MANAGEMENT 22E.020.010 Statement of purpose. Article II. General Provisions 22F~.020.020 Lands to which this chapter applies. 22E.020.030 Basis for establishing the areas of special flood hazard. 22E.020.040 Penalties for noncompliance. 22E.020.050 Abrogation and greater restrictions. 22E.020.060 Interpretation. 22E.020.070 Warning and disclaimer of liability. Article III. Administration 22E.020.080 Establishment of development permit. 22E.020.090 Designation of the building official. 22E.020.100 Duties and responsibilities of building official. Article IV. Variance Procedure 22E.020.110 Appeal board. 22E.020.120 Conditions for variances. Article V. Provisions for Flood Hazard Protection 22TL020.130 General standards. 22E.020.140 Review of building permits. 22E.020.1 50 Specific standards. 22E.020.160 Encroachments. 22E.020.170 Manufactured homes. 22E.020.1 80 Recreational vehicles. 22E.020.190 Floodways. 22E.020.200 Critical facility. 22E.020.210 Severability 22E.020.030 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for Snohomish County and Incorporated Areas" dated September 16, 2005, as amended, with accompanying flood insurance rate maps (FIRM), as amended, is adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the Marysville Community Development Department, 80 ORDINANCE -2 FLOODPLAIN MANAGEMENT ORD Columbia Avenue, Marysville, Washington. The best available information for flood hazard area identification as outlined in MMC 22E.020.100(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under MMC 22E.020.100(2). 22E.020.150 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in MMC 22E.020.030, Basis for establishing the areas of special flood hazard, or MMC 22E.020.100(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 restored, before the damage occurred. 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 by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. (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 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 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 buoyancy; and (c) Be 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 22E.020.100(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). ORDINANCE -3 FLOODPLAIN MANAGEMENT ORD (5) Encroachments, including fill, new construction, substantial improvements and other developments, shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during 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 automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. 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 every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvres or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. (Ord. 2852 § 10 (Exh. A), 2011). 22E.020.210 Severability. If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. and Revise the definition of "Substantial improvement (floodplain management)" as follows (all other definitions under 22A.020.200 "S" definitions shall remain as written. 22A.020.200 "S" definitions. "Substantial improvement (floodplain management)" 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: (1) Before the improvement or repair is started; or (2) 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 project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary or safety code specifications which have been identified 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 a State Inventory of Historic Places, provided, that the alteration will not preclude the structure's continued designation as a "historic structure." ORDINANCE -4 FLOODPLAIN MANAGEMENT ORD PASSED by the City Council and APPROVED by the Mayor this r1 ~ day of f(\a <ch , 2014 CITY OF MARYSVILLE By: Atte't Vi By •t CI~LEP~ ~ • .J~ ~ Approved as to form: · By:Q_~'~. GRANT K. WEED, CITY ATTORNEY Date of Publication: Effective Date: ?> · ~ 1-li (5 days after publication) ORDINANCE - 5 FLOODPLAIN MANAGEMENT ORD