In all areas of special flood hazard, 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 shall be installed using methods and practices which minimize flood damage. For purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces;
(c) 
An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the building official that this standard has been met.
(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;
(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.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(d) 
The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171).
(4) 
Subdivision proposals and development shall:
(a) 
Be consistent with the need to minimize flood damage;
(b) 
Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c) 
Have adequate drainage provided to reduce exposure to flood damage; and
(d) 
Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres (whichever the lesser), base flood elevation data shall be included as part of the application.
(Ord. 3151 § 2 (Exh. A), 2020)
Where elevation data is not available either through the flood insurance study or from another authoritative source (MMC § 22E.020.100(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.
(Ord. 3151 § 2 (Exh. A), 2020)
In areas with BFEs (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated 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.
(Ord. 3151 § 2 (Exh. A), 2020)
If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate, and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR.
If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the floodplain administrator to be attached to the floodplain development permit, including all required property owner notifications.
(Ord. 3151 § 2 (Exh. A), 2020)
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 or A, AE zones, and A1-30 zones 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) 
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsections (4)(a)(i) through (4)(a)(v) or (4)(b)(i) through (4)(b)(v) of this section.
(a) 
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:
(i) 
In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained:
New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE, or as required by ASCE 24, whichever is greater.
(ii) 
If located in an AO zone, the structure shall meet the requirements in 44 CFR 60.3(c) 7, 8, and 11.
(iii) 
If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
(iv) 
If located in a V, V1-30, or VE zone, the structure shall meet the requirements in 44 CFR 60.3(e)(2) through (8).
(v) 
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:
(A) 
Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
(B) 
The bottom of all openings shall be no higher than one foot above grade.
(C) 
Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
(D) 
A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
(b) 
If the requirements of subsection (4)(a) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:
(i) 
Be dry-floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry-floodproofed to the elevation required by ASCE 24, whichever is greater;
(ii) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(iii) 
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 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 official as set forth in MMC § 22E.020.100(3)(b);
(iv) 
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in MMC § 22E.020.190;
(v) 
Applicants who are 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). Floodproofing the building an additional foot will reduce insurance premiums significantly. Applicants who are 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). Floodproofing the building an additional foot will reduce insurance premiums significantly;
(vi) 
All manufactured nonresidential structures to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured building is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(Ord. 3151 § 2 (Exh. A), 2020)
The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(Ord. 3151 § 2 (Exh. A), 2020)
If buildings are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
(Ord. 3151 § 2 (Exh. A), 2020)
(1) 
All manufactured homes to be placed or substantially improved on sites:
(a) 
Outside of a manufactured home park or subdivision;
(b) 
In a new manufactured home park or subdivision;
(c) 
In an expansion to an existing manufactured home park or subdivision; or
(d) 
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood;
shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
(2) 
Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either:
(a) 
The lowest floor of the manufactured home is elevated one foot above the base flood elevation; or
(b) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
(Ord. 3151 § 2 (Exh. A), 2020)
Recreational vehicles placed on sites are required to either:
(1) 
Be on the site for fewer than 180 consecutive days;
(2) 
Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
(3) 
Meet the requirements of MMC § 22E.020.200 and the elevation and anchoring requirements for manufactured homes.
(Ord. 3151 § 2 (Exh. A), 2020)
Appurtenant structures located in zones A, AE, A1-30, AH and AO shall comply with the following:
(1) 
Appurtenant structures used solely for parking of vehicles or limited structures may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:
(a) 
Use of the appurtenant structure must be limited to parking of vehicles or limited storage;
(b) 
The portions of the appurtenant structure located below the BFE must be built using flood-resistant materials;
(c) 
The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;
(d) 
Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE;
(e) 
The appurtenant structure must comply with floodway encroachment provisions in MMC § 22E.020.230(1);
(f) 
The appurtenant structure must be designed to allow for automatic entry and exit of flood waters in accordance with 44 CFR 60.3(c)(2);
(g) 
The structure shall have low damage potential;
(h) 
If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and
(i) 
The structure shall not be used for human habitation.
(2) 
Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in 44 CFR 60.3(c)(2).
(Ord. 3151 § 2 (Exh. A), 2020)
Located within areas of special flood hazard established in MMC § 22E.020.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1) 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) 
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 or reconstruction 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.
(3) 
For all substantially damaged residential structures, other than farmhouses, located in a designated floodway, the floodplain administrator may make a written request that the Department of Ecology assess the risk of harm to life and property posed by the specific conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion, channel migration, debris load potential, and flood warning capability, the Department of Ecology may exercise best professional judgment in recommending to the local permitting authority repair, replacement, or relocation of a substantially damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the local government and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the Department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1).
(4) 
Before the repair, replacement, or reconstruction is started, all requirements of the NFIP, the state requirements adopted pursuant to Chapter 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met:
(a) 
There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway.
(b) 
A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size.
(c) 
Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment.
(d) 
The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the BFE.
(e) 
New and replacement water supply systems are designed to eliminate or minimize infiltration of flood water into the system.
(f) 
New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters.
(g) 
All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.
(5) 
If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.
(Ord. 3151 § 2 (Exh. A), 2020)
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above the level of the base flood elevation (100-year) or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. 3151 § 2 (Exh. A), 2020)
All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the state building codes with adopted amendments and any city of Marysville amendments, shall:
(1) 
Be located and constructed to minimize flood damage;
(2) 
Meet the encroachment limitations of this chapter if located in a regulatory floodway;
(3) 
Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
(4) 
Be constructed of flood-damage-resistant materials;
(5) 
Meet the flood opening requirements of MMC § 22E.020.170; and
(6) 
Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.
(Ord. 3151 § 2 (Exh. A), 2020)
If any section, clause, sentence, or phrase of this chapter 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 chapter.
(Ord. 3151 § 2 (Exh. A), 2020)