MONROE CITY COUNCIL. Agenda Bill No Ordinance No. 018/2017, Amending MMC 14.01, Flood Hazard Area Regulations; Final Reading

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MONROE CITY COUNCIL Agenda Bill No. 17-121 SUBJECT: Ordinance No. 018/2017, Amending MMC 14.

1 MONROE CITY COUNCIL Agenda Bill No SUBJECT: Ordinance No. 018/2017, Amending MMC 14.01, Flood Hazard Area Regulations; Final Reading DATE: DEPT: CONTACT: PRESENTER: ITEM: 07/25/2017 Public Works Brad Feilberg Brad Feilberg Consent Agenda #3 Discussion: 07/18/2017; 07/25/2017 Discussion (Planning Commission): 05/22/2017; 06/26/2017 Public Hearing (Planning Commission): 06/12/2017 First Reading 07/18/2017 Attachments: 1. Proposed Ordinance 2. Planning Commission Recommendation REQUESTED ACTION: Move to adopt Ordinance No. 018/2017, amending Chapter of the Monroe Municipal Code, Flood hazard area regulations, providing for severability; and establishing an effective date. NOTE: First reading of Ordinance No. 018/2017 was accepted on July 18, 2017; and no changes have been made since that time. DESCRIPTION/BACKGROUND The City of Monroe participates in the National Flood Insurance Program. As a participant in the National Flood Insurance Program we are subject to periodic audits referred to as Community Assistance Visits. Following the latest Community Assistance Visit the Washington State Department of Ecology requested that the City amend its Floodplain Regulation to conform to the requirements of the National Flood Insurance Program contained in 44 CFR 60.3 and WAC The proposed amendments: 1. Add Density Fringe Regulations. 2. Amend the basis for establishing areas of special flood hazard. 3. Amend the definition of substantial development. 4. Require water wells to be located outside of the floodway. 5. Add a severability section. Although the Monroe Municipal Code does not specifically require amendments to Title 14 be reviewed by the Planning Commission, these regulations could be seen as development regulations and therefore we are following the Growth Management Act requirements for a public review process. The Planning Commission held a public hearing on June 12, 2017; no public comments were received. The Planning Commission adopted finding and conclusions recommending approval of the proposed amendments on June 26, IMPACT BUDGET None. TIME CONSTRAINTS As soon as possible, per Washington State Department of Ecology request. MCC Agenda 07/25/2017; Page 1 of 11

2 ATTACHMENT 1 CITY OF MONROE ORDINANCE NO. 018/2017 AN ORDINANCE OF THE CITY OF MONROE, WASHINGTON, AMENDING CHAPTER OF THE MONROE MUNICIPAL CODE, FLOOD HAZARD AREA REGULATIONS, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Monroe, Washington, is a participant in the National Flood Insurance Program; and WHEREAS, as a participant in the National Flood Insurance Program, the City of Monroe is required to enact certain regulations as outlined in 44 CFR 60.3 and WAC ; and WHEREAS, a Community Assistance Visit conducted by the Washington State Department of Ecology on November 10, 2015; and WHEREAS, during the Community Assistance Visit necessary changes to the City of Monroe s Flood Hazard Area Regulations were identified. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONROE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby adopts the above recitals and the content of Agenda Bill Nos and AB17-XXX as legislative findings in support of this ordinance. Section 2. Amendment of MMC Monroe Municipal Code (MMC) Section , Floodplain Regulations - Flood Hazard Area Regulations Basis for stablishing the areas of special flood hazard, is hereby amended as follows: [THE AREAS OF SPECIAL FLOOD HAZARD]Areas of special flood hazard for potions of the City of Monroe covered by map panels 1100, 1377, 1380, and 1385 identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Rate Study for Snohomish County, Washington and Incorporated Areas, dated November 8, 1999, with accompanying Flood Insurance Rate Maps (FIRMs), are adopted by reference and declared to be a part of this chapter. Areas of special flood hazard for portions of the City of Monroe covered by map panels 1070, 1357, 1360, and 1376 identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Snohomish County, Washington and Incorporated Areas, dated September 16, 2005, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs), are adopted by reference and declared to be a part of this chapter. The Flood Insurance Stud[Y]ies Page 1 of 4 Ordinance No. 018/2017 AB17-118/AB MCC Agenda 07/25/2017; Page 2 of 11

3 shall be on file in the office of the city engineer, 806 West Main Street, Monroe, Washington. Section 3. Amendment of MMC Monroe Municipal Code (MMC) Section , Floodplain Regulations - Flood Hazard Area Regulations Definitions d, is hereby amended to provide for changes to the definitions of Subsection C - Area of special flood hazard, and Subsection U - Substantial improvement as follows: C. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on effective maps always includes the letters A or V. The term special flood hazard area is synonymous in meaning with the phrase area of special flood hazard. U. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed 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: [3]1. Any project for improvement of a structure to [COMPLY WITH EXISTING]correct pre-cited existing violations of state or local health, sanitary or safety code specifications which have been previously identified by the local code enforcement official and which are [SOLELY] the minimum necessary to assure safe living conditions; or [4]2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Section 4. Amendment of MMC (A)(3). Monroe Municipal Code (MMC) Subsection (A)(3), Floodplain Regulations - Flood Hazard Area Regulations General Standards, is hereby amended as follows: 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. b. Water wells shall be located outside of the floodway. Page 2 of 4 Ordinance No. 018/2017 AB17-118/AB MCC Agenda 07/25/2017; Page 3 of 11

4 [B]c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. [C]d. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 5. Adoption of MMC Monroe Municipal Code (MMC) Section , Floodplain Regulations - Flood Hazard Area Regulations Density Fringe Areas, is hereby adopted as follows: Density fringe areas. Development within areas designated as density fringe areas within the city of Monroe will be regulated the same as other areas of special flood hazard located within floodways. Section 6. Adoption of MMC Monroe Municipal Code (MMC) Section , Floodplain Regulations - Flood Hazard Area Regulations Severability, is hereby adopted as follows: Severability. If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by State or federal law or regulation, such decision or preemption shall not affect the validity or enforceability of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. Effective Date; Department of Ecology Review. A summary of this ordinance shall be published in the City s official newspaper. Pursuant to RCW , a copy of this ordinance shall be filed with the Department of Ecology and shall take effect 30 days from the date of such filing unless disapproved in writing by the Department. Page 3 of 4 Ordinance No. 018/2017 AB17-118/AB MCC Agenda 07/25/2017; Page 4 of 11

5 PASSED by the City Council and APPROVED by the Mayor of the City of Monroe, at a regular meeting held this day of, First Reading: July 18,2017 Adoption: July 25, 2017 Published: July 28, 2017 Effective: August 2, 2017 (SEAL) ATTEST: CITY OF MONROE, WASHINGTON: Geoffrey Thomas, Mayor APPROVED AS TO FORM: Elizabeth M. Adkisson, MMC, City Clerk J. Zachary Lell, City Attorney Page 4 of 4 Ordinance No. 018/2017 AB17-118/AB MCC Agenda 07/25/2017; Page 5 of 11

6 ATTACHMENT 2 MCC Agenda 07/25/2017; Page 6 of 11

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MONROE CITY COUNCIL. Agenda Bill No Authorize Mayor to Sign Agreement with Mara J. Rozzano, Monroe Municipal Court Judge

MONROE CITY COUNCIL. Agenda Bill No Authorize Mayor to Sign Agreement with Mara J. Rozzano, Monroe Municipal Court Judge MONROE CITY COUNCIL Agenda Bill No. 17-183 SUBJECT: Authorize Mayor to Sign Agreement with Mara J. Rozzano, Monroe Municipal Court Judge DATE: DEPT: CONTACT: PRESENTER: ITEM: 11/21/2017 Human Ben Warthan