HomeMy WebLinkAboutCAP031011CITY OF CENTRAL POINT
City Council Meeting Agenda
March 10, 2011
Next Res.1282
Next Ord. No.1947
I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATION
A. Recognition of Planning Commission er Keith Wangle
pg 2 -5 B.Swearing in of Lieutenants and Master Police Officers
V. PUBLIC APPEARANCES
VI. CONSENT AGENDA
7 - 11 A. Approval of February 10, 2011, City Council Minutes
12 B. Approval of Temporary Speed Reduction and Lane
Closure for Oregon Cheese Festival March 19, 2011
13 - 14 C. Acceptance of MPO Report for February, 2011
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
16 - 19 A. Resolution No. _______, Adopting Fees for Park Use by
Non-Profits and Weddings (Samitore)
21 - 78 B. First Reading An Ordinance Amending Chapter 8.24,
Flood Prevention, of the Central Point Municipal Code to
Comply with the National Flood Insurance Program,
Adopt the Revised State Model Code and Improve
Coordination of All Local Flood-Related Regulations
(Samitore)
Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward II
Kelly Geiger
Ward III
Matthew Stephenson
Ward IV
Allen Broderick
At Large
Carol Fischer
Kay Harrison
Administration
Phil Messina, City
Manager
Chris Clayton, Assistant
City Manager
Deanna Casey, City
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev Adams, Director
Human Resources
Barb Robson, Driector
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
Jon Zeliff, Chief
80 - 84 C. First Reading An Ordinance Amending Sections 17.57.030 and 17.57.040 of
the Central Point Municipal Code Regarding Fences within the Floodplain
(Samitore)
86 - 87 D. First Reading An Ordinance Amending Chapter 10.05.040 Fire Lanes
(Samitore)
IX. BUSINESS
89 A. Planning Commission Report (Humphrey)
91 - 93 B. Bid award for 5
th, Victoria, and North 3rd Storm Drain (Samitore)
X. MAYOR’S REPORT
XI. CITY ADMINISTRATOR’S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive
session are not for publication or broadcast.
XV. ADJOURNMENT
Special
Presentation
Page 1
155 South Second Street· Central Point, OR 97502 Jon D. Zeliff
Ph: (541) 664-5578 • Fax: (541) 664-2705 • www.centralpointoregon.gov Chief
To: The Honorable Mayor and Central Point City Council
From: Jon D. Zeliff, Chief of Police .j)
SUBJECT: SWEARING-IN CEREMONY FOR LIEUTENANTS AND MASTER POLICE OFFICERS
Date: March 10th, 2011
As you know, effective on January 1st , 2011 the City of Central Point Police Department was officially
restructured. A swearing-in ceremony before the Mayor and City Council is a time-honored tradition to
formally acknowledge the accomplishments of our personnel and to publicly affirm their new title and
responsibilities. Attached is biographical information for each of the nine recipients of this recognition.
Page 2
Lieutenant and Master Police Officer Biographies
Jeff Britton. Lieutenant:
Lieutenant Jeff Britton has lived in the Rogue Valley for 32-years. and is a 1985 graduate of Medford
Senior High School. Lieutenant Britton attended Southern Oregon State College and has over 23-years of
policing experience, with 22 of those years serving the citizens of Central Point.
Lieutenant Britton has served as a Patrol Officer, Field Training Officer, Range Master, Narcotics
Detective, School Resource Officer, Police Mountain Bike Instructor, Sergeant and CPPD Explorer Post
Leader. Lieutenant Britton is currently assigned as the Watch Commander for Patrol Team-Two.
Lieutenant Britton is married to wife Lori (who will be pinning his badge) and they have two daughters,
Mackenzie and Mya. Lieutenant Britton enjoys mountain bike riding, racing and RV'ing with his family.
Greg Bruce. Master Police Officer (IVIPO):
MPO Greg Bruce has lived in the Rogue Valley for 38-years, and is a 1990 graduate of Crater High School.
MPO Bruce has attended the Oregon Institute of Technology and Rogue Community College and has
over ll-years of policing experience, with 6 of those years serving the citizens of Central Point.
I'v1PO Bruce has served as a Patrol Officer, Corporal, Bike Team member, Field Training Officer, DARE
Officer, ORPAT Instructor, Vehicle/High-Risk Traffic Stops Instructor, Firearms Instructor/Range Master,
and CONSIM's (Confrontational Simulations) Instructor.
MPO Bruce is married to wife Becky (who will be pinning his badge) and they have two children, Paige
and Cameron. MPO Bruce enjoys spending time with family, sports, snow skiing, shooting and hunting.
Randy Clark. Master Police Officer (MPO):
MPO Randy Clark has lived in the Rogue Valley for 42-years, and is a 1986 graduate of Medford Senior
High School. MPO Clark attended Southern Oregon University, and has been serving the citizens of
Central Point for 18 }i-years.
MPO Clark has served as a Patrol Officer, Corporal and Field Training Officer and is a member of the
CPPD Bike Team .
MPO Clark has a son, Michael, and is accompanied by his girlfriend, Heather Jenard (who will be pinning
his badge). MPO Clark enjoys golfing, coaching his son's baseball team and camping with family.
Page 3
David Croft, lieutenant:
Lieutenant David Croft has lived in the Rogue Valley since 1974, and is a 1988 Graduate of Crater High
School. Lieutenant Croft attended University of Nevada-Reno and earned a Bachelor of Arts Degree in
Criminal Justice in 1998. Lieutenant Croft has been serving the citizens of Central Point for 14).1,-years.
Lieutenant Croft has served as a Patrol Officer, Field Training Officer, Vehicle/High-Risk Traffic Stops
Instructor, Detective, and Sergeant, along with PTO, Scheduling, VIP's and Survival Skills training
coordinator. Lieutenant Croft is currently assigned as the Watch Commander for Patrol Team-One.
Lieutenant Croft is married to wife Diana (who will be pinning his badge) and they have three sons,
Matthew, Andrew and Wyatt. As a family the Croft's enjoy camping, biking, swimming and shooting.
Lieutenant Croft is involved in coaching his son's baseball teams. Lieutenant Croft also played college
baseball and he still plays in a local baseball league while occasionally trying to perfect his golf game.
Brian Day, lieutenant:
Lieutenant Brian Day was born and raised in the Rogue Valley, and graduated from North Medford High
School in 1990. Lieutenant Day earned a Bachelor of Science Degree in Criminology from Southern
Oregon University in 2008 and will earn a Masters Degree in Criminal Justice from Western Oregon
University in 2011. Lieutenant Day has been serving the citizens of Central Point for 12-years.
Lieutenant Day has served as a Patrol Officer, Union Shop Steward, Detective and Interim VIP's
Coordinator. Lieutenant Day is currently assigned as the Watch Commander for Patrol Team-Three.
Lieutenant Day is married to wife Mindy and they have three children; J.D., Brady and Madeline (who
will be pinning his badge). Lieutenant Day is also an adjunct Professor at SOU and served four years in
the U.S. Army to include an overseas deployment for "Operation Dessert Sentry" in Saudi Arabia.
Louis B. Fulmer, Master Police Officer (MPO):
MPO Louis Fulmer has lived in the Rogue Valley for a combined total of 31-years, and graduated from
Ashland High School in 1998. MPO Fulmer served 6-years in the U.S. Navy as a "Sea-Bee" with several
overseas deployments, to include participation in Operation Desert Storm. MPO Fulmer has 16-years
of policing experience, with 13 of those years serving the citizens of Central Point.
MPO Fulmer has served as a Police Officer, Field Training Officer, Corporal and Firearms
Instructor/Range Master and is a member of the CPPD Bike Team.
MPO Fulmer is married to wife JoLayne and they have three children; Caitlin, Cody and Faith (who will
be pinning his badge). MPO Fulmer enjoys spending with family, camping, bicycling, hunting and fishing.
Page 4
Scott Logue, Lieutenant:
Lieutenant Scott Logue has lived in the Rogue Valley for 34-years, and graduated from Grants Pass High
School in 1995. Lieutenant Logue earned a Bachelor of Science Degree in Criminology from Southern
Oregon University in 1999. Lieutenant Logue has been serving the citizens of Central Point for 9-years.
Lieutenant Logue has served as a Patrol Officer, Field Training Officer, Officer in Charge, Standardized
Field Sobriety Tests Instructor and Corporal and is a member of the CPPD Bike Team.
Lieutenant Logue is married to wife Sarah (who will be pinning his badge) and they have three
daughters; Montana, Juliet and Sierra. Lieutenant Logue enjoys spending time with his family, boating,
camping and hunting. Lieutenant Logue also spends time training as a competitive tri-athlete.
Josh Moulin, Lieutenant:
Lieutenant Josh Moulin has lived in the Rogue Valley for 30-years, and graduated from South Medford
High School in 1996. Lieutenant Moulin earned an Associate's Degree in Fire Science from Rogue
Community College in 2001 and is currently a senior at Eastern Oregon University. Lieutenant Moulin
has 10-years of policing experience, with 8 of those years serving the citizens of Central Point.
Lieutenant Moulin has served as a Patrol Officer, Detective and Sergeant. Lieutenant Moulin has worked
in cyber-crimes and digital forensics for 6-years, is sworn as a Federal Agent and has been granted
SECRET level clearance to investigate cyber-crimes involving terrorism and national security. Lieutenant
Moulin is currently assigned as the Southern Oregon High-Tech Crimes Task Force Commander.
Lieutenant Moulin is married to wife Shannon and they have two daughters, Emily (who will be pinning
his badge) and Lauren. Lieutenant Moulin enjoys spending time with his family, traveling, reading, and
teaching his oldest daughter how to read.
Bo Schoen, Master Police Officer (MPO):
MPO Bo Schoen has lived in the Rogue Valley for 25-years, and graduated from Crater High School in
1996. MPO Schoen served for 8-years in the U.S. Navy to include time as a Military Police Officer,
Security Emergency Response Team Leader and has completed three overseas deployments to the
Mediterranean theater of operations. MPO Schoen has served the citizens of Central Point for 3-years.
MPO Schoen graduated from the Reserve Officer Law Enforcement Academy (ROLEA) in 2005 and
served as a Josephine County Sheriff's Department Reserve Deputy assigned to the Josephine Marijuana
Eradication Team (JOMET). MPO Schoen was also trained as an Emergency Medical Technician-Basic.
MPO Schoen is accompanied by his girlfriend Shiana Weaver (who will be pinning his badge) and her
son, Brayden. MPO Schoen enjoys spending time with family hiking, biking, paddling, camping, scuba
diving, photography, video games and reading.
Page 5
Consent Agenda
Page 6
CITY OF CENTRAL POINT City Council Meeting Minutes
February 10, 2011
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol
Fischer, Kelly Geiger, Kay Harrison, and Matthew
Stephenson were present.
City Manager Phil Messina; City Attorney Paul Nolte;
Police Captain Chuck Newell; Community Development Director Tom Humphrey; Parks and Public Works Director
Matt Samitore; Finance Director Bev Adams; and City Recorder Deanna Casey were also present.
IV. PUBLIC APPEARANCES - None V. CONSENT AGENDA
A. Approval of January 13, 2011, City Council Minutes B. Acceptance of Quarterly Financial Statements
C. Acceptance of RVMPO Report
Matt Stephenson made a motion to approve the Consent Agenda as
presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank
Williams, yes; and Matt Stephenson, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1280, A Resolution to Adopt Governing Rules for the Arts Commission
Parks and Public Works Director Matt Samitore presented the governing rules for the Arts Commission. In accordance with Central Point Municipal Code 2.59 the Central Point Arts Commission is required to establish Governing Rules.
Kay Harrison made a motion to approve Resolution No. 1280, A Resolution
to Adopt Governing Rules for the Arts Commission. Allen Broderick
seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Matt Stephenson,
yes. Motion approved.
Page 7
City of Central Point City Council Minutes February 10, 2011
Page 2
B. Resolution No. 1281, Adopting the 2011 Rules of the City Council
and Code of Ethics
City Manager Phil Messina presented a resolution adopting the revised Rules of
the City Council and Code of Ethics. Most items change wording and references which are no longer viable for the Rules because of changes in the Central Point
Municipal Code or the 2011 Charter. Council reviewed these changes at the
retreat in January.
Bruce Dingler made a motion to approve Resolution No. 1281, Adopting the 2011 Rules of the City Council and Code of Ethics. Matt Stephenson seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes;
Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Matt Stephenson,
yes. Motion approved.
VIII. BUSINESS
A. Support for Sustainable Valley Project
City Manager Phil Messina stated Mr. Mark VonHolle introduce the Sustainable Valley project at the council retreat. At that time the Council was in favor of
supporting the project and directed staff to provide a letter of support. It is recommended the city contribute $5,000 to help launch the business accelerator.
There was discussion regarding the success rate of the businesses that get help in this fashion. Even if this helps one business succeed it would be worth our
investment.
Matt Stephenson made a motion authorizing a letter of support for the
Sustainable Valley Project with a donation of $5,000. Kay Harrison seconded.
Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Matt Stephenson, yes.
Motion approved.
B. Planning Commission Report
Community Development Director Tom Humphrey reported that the Commission discussed one item on February 1, 2011:
The Commission held a public hearing and recommended approval of CPMC
revisions to Chapter 8.2 of the Flood Damage Prevention and Chapter 17.57
regarding fences. Changes are recommended because of the implementation of new FEMA requirements and the 2010 Flood Insurance Rate Maps.
Failure to bring the code into compliance by May 2011 will jeopardize Central
Point’s standing in the National Flood Insurance Program and will consequently have an adverse affect on local residents whose homes are in
local floodplains.
Page 8
City of Central Point City Council Minutes February 10, 2011
Page 3
Bruce Dingler made a motion to accept the Planning Commission Report
as presented. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce
Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Matt Stephenson, yes. Motion approved.
C. Parks and Recreation Commission Report
Parks and Public Works Director Matt Samitore presented the Park and
Recreation Commission report from January 20, 2011.
The Commission reviewed and approved the final design concepts for the Vilas Road water reservoir. Their only concern is that it will not be fully buried.
The Commission unanimously approved extending the Bear Creek Greenway Major Maintenance Agreement. Staff fully supports the current agreement as
written with the same financial responsibility.
The Commission recommended a fee of $500 to have a wedding in Pfaff or Twin Creeks Parks. These are the only parks where weddings will be
allowed. There was discussion of the damage that can be done to the parks during one of these events. This fee is comparable to other cities in the area.
The Commission decided to reconfirm their previous decision to place the donated Mon Desir Gazebo in the Skyrman Arboretum Park.
Matt Stephenson made a motion to accept the Parks and Recreation Commission Report as presented. Carol Fischer seconded. Roll call: Allen
Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay
Harrison, yes; Hank Williams, yes; and Matt Stephenson, yes. Motion approved.
IX. MAYOR'S REPORT
Mayor Williams reported that:
the Crater FFA Chapter will be hosting the 2011 an FFA Convention. He has approved a sponsorship of $1,000.
He attended the Council Retreat.
He attended a meeting in Salem for Directors of the Oregon Mayors
Association.
He attended the Historical Society Kick off meeting held in the Council
Chambers on January 22, 2011.
He attended the first Urban Renewal Adhoc Committee meeting.
X. CITY MANAGER’S REPORT
City Manager Phil Messina reported that:
There will be a Study Session on February 28th to discuss the latest in High
Tech Crime.
He attended a ground breaking ceremony for Asante with Council Member
Dingler.
Staff held their Annual Awards Breakfast at Twin Creeks on February 3rd.
Employee of the Quarter is Mark Brindle from the Parks Department, and
Employee of the Year is Planning Secretary Didi Thomas.
Page 9
City of Central Point City Council Minutes February 10, 2011
Page 4
Several of the Management attended a Collective Bargaining Training
Session on Tuesday. XI. COUNCIL REPORTS
Council Member Matt Stephenson reported that he attended the Council Retreat and a SOREDI Board Meeting.
Council Member Bruce Dingler reported that he attended:
the Jackson County Boys Center ground breaking where they will be adding classrooms for the boys.
the Planning Commission meeting.
the Staff Awards Breakfast.
Council Member Carol Fischer stated that she attended the council retreat and the Medford Water Commission meeting. She was at the awards breakfast for a
short time so she could wish Rochelle Lake a happy retirement. Council Member Kay Harrison stated that she attended the retreat and an
RVCOG meeting. She will be in Eugene tomorrow for a special districts meeting.
Council Member Kelly Geiger reported that he attended the Parks Commission
meeting and appreciated the dialog regarding the fee issue.
Council Member Allen Broderick reported that he:
attended the Parks and Recreation Commission meeting and a Foundation
lunch.
attended The Council Retreat.
will be out of town for the February 24th and 28th Council meetings.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that staff has been working with the Rogue Creamery on the Special Event Permit for the Cheese
Festival.
Captain Newell reported that:
they have been dealing with a lot of graffiti issues over the last few weeks.
March 12th is the Shamrock Run and they are working on the details regarding that event.
The cheese festival is growing. They will be using both sides of Hwy 99 this
year.
Finance Director Bev Adams reported that:
Departments had their budget kickoff meeting this week.
We have hired Telecommunications Consulting Associates to audit franchise agreements. They will start with our Cable Franchise.
Community Development Director Tom Humphrey reported that:
Page 10
City of Central Point City Council Minutes February 10, 2011
Page 5
The urban renewal adhoc committee held their first meeting.
He attended a webinar with a few of the local businesses. They had a discussion of attending a boot camp where they would learn how to create
destination type of businesses.
City Attorney Paul Nolte reported that he has been working with the City
Recorder on a Social Media Policy.
XIII. EXECUTIVE SESSION - None
XIV. ADJOURNMENT
Matt Stephenson moved to adjourn, Kay Harrison seconded, all said “aye” and the Council Meeting was adjourned at 7:50 p.m.
The foregoing minutes of the February 10, 2011, Council meeting were approved by the
City Council at its meeting of March 10, 2011.
Dated: _________________________ Mayor Hank Williams
ATTEST:
__________________________ City Recorder
Page 11
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Temporary speed reduction and lane closure on Front Street from Manzanita to Crater
High School.
SUMMARY: The annual Oregon Cheese Festival will be held March 19, 2011 from 9 to 5. The event is now encompassing both sides of Front Street because of the growth of the event. In order
to safely handle the amount of traffic and pedestrian crossings of Front Street the Police and Public
Works Department are requesting a temporary speed reduction to 20 MPH through the event zone
from Pine to Crater High School as well as closing both slow lanes making Front Street a three lane
street. The temporary speed reduction and lane closures would only be for March 19, 2011 from 8 to 8 to 6 PM.
RECOMMENDED MOTION: Approve the temporary speed reduction to 20 MPH and lane closure
on Front Street, from Manzanita St. to Crater High School on March 19, 2011 for the Oregon Cheese Festival from the hours of 8 to 6.
Parks & Public Works Department
Matt Samitore, Director
Page 12
City Manager Staff Report
MEETING DATE: March 10, 2011
TO: Honorable Mayor and City Council
FROM: Phil Messina, City Administrator
_____________________________________________________________
SUBJECT: Summary of February MPO Policy Committee Meeting
SUMMARY: Attached is Mike Quilty’s summary letter of the February
MPO Policy Committee meeting.
RECOMMENDATION: No action needed
Page 13
Michael Quilty
942 Forest Glen Drive
Central Point, Or 97502
541-664-7907
February 28, 2011
City Council
Central Point, Or
The Agenda for the RVMPO Policy Committee Meeting for February 2011 is attached. The following items were discussed and acted on.
Mike Quilty was reappointed to Chair the RVMPO Policy Committee for 2011.
Al Densmore was reappointed to Vice Chair the RVMPO Policy Committee for 2011.
An additional $50,000 in CMAQ funding was awarded to Jackson county for the work at Pine and I-5 for the removal of
contaminated soils.
Ongoing discussion of Federal Highway Trust Fund financing and future fund availability. It does not look like any significant legislation is in the works short term. The current continuing resolution will expire on March 4, 2011. There is
talk of congress reducing spending to 2008 or lower levels. The Oregon MPO Consortium board has produced a draft list of priorities for the 2011 Legislature. Feedback from
RVMPO will assist the board in developing a final agenda later this month.
Local Issues:
The committee in January received some information from FHWA regarding use of CMAQ funds and Policy Committee membership. The CMAQ information will be forwarded into ongoing revisions to CMAQ project evaluation. This item is
an opportunity to discuss committee membership. After discussing Private sector representation at the Policy level it was decided not to pursue this further and to leave the board as it is currently configured. .
Started preparing a draft work plan (UPWP) for next fiscal year, staff wants to engage the Policy Committee in
identifying work tasks.
Update on North – South Travel Demand Study. It will focus on activity nodes along the 99-I5 corridor. Oregon Greenhouse Gas Reduction Planning for MPO’s: While not currently required to be done in our area. It sounds
like agency staff is working towards eventually tying funding to our doing this type of work. They stated that they really do not know what the 1990 levels of GHG’s were for most of the state. They plan to use 2005 data to set the 75% reduction budget for each MPO area. This is potentially a huge impact on our ability to travel, and attract new jobs to the
area, as additional layers of government are imposed on business.
Sincerely,
Michael G. Quilty
Page 14
Resolution Adopting
Fees for Park Use
Page 15
140 South Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
To: City Council
From: Matt Samitore, Director, Public Works & Parks and Recreation Departments
Subject: Park Fee Increase Resolution
Date: February 24, 2011
Purpose: The purpose of this resolution is to provide for an increase in Central Point’s Park
reservation fees. After doing a comparison study of other cities Central Point fees were well
below the rates of other entities .
Background: With maintenance costs increasing, the Parks and Recreation Department
has undertaken a review of various park rental fees with the goal of becoming more self-
supporting. As a part of this process, we have reviewed park rental fees from cities
throughout Southern Oregon in order to compare our existing fee structure with other
communities and have developed the attached resolution for a revised park rental fee
structure. In examining park reservation fees from communities of similar size and those
located in the same geographical area, we found that Central Point fees were well below
the mark for weddings and non-profit reservations. The attached resolution provides for
fees of $500 per wedding for use of park facilities at Twin Creeks and Pfaff parks.
Non-profit organizations that hold group activities have not been charged in the past for
park rental. Staff and the Parks Commission recommend that a fee of ½ the standard fee
be charged to non-profit organizations. The clean-up fee will be waived for these groups.
Fiscal Inputs: The recommended fee structure will help to offset increasing park
maintenance costs.
Recommendation: Park Commission and Staff s recommends that the City Council approve the
park fee increase resolution.
STAFF REPORT
Parks and Recreation Department
Matt Samitore, Director
Page 16
140 South Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
Special Event Permit 100.00 Special Event Permit 100.00
Non-Profit Special Event 0 Non-Profit Special Event 50.00
Weddings (over 100) 600.00 Weddings (any size) 500.00
Small Weddings (under 100) 100.00 All weddings one price
Amplified Equipment Permit 20.00 Amplified Equipment Permit 20.00
Alcohol Permit 0 Alcohol Permit 0
Street Closure Block Party 100.00 Street Closure Block Party 100.00
Street Closure for Parade 800.00 Street Closure for Parade 800.00
Gazebo Rental 25/2 hr Gazebo Rental 25/2 hr
Non-refundable Clean-up fee
1-149 people
25.00 Non-refundable Clean-up fee
1-149 people
25.00
Non-refundable Clean-up fee
150-249 people
50.00 Non-refundable Clean-up fee
150-249 people
50.00
Non-refundable Clean-up fee
Over 250 people
Director
Determines
Fee
Non-refundable Clean-up fee
Over 250 people
Director
Determines
Fee
Non-Profit Gazebo Rental 0 Non-Profit Gazebo Rental 12.50/2 hr
Non-Profit Clean-up fee 0 Non-Profit Clean-up fee 0
Page 17
RESOLUTION NO. ______________
A RESOLUTION TO ADOPT REVISED FEES FOR PARK USE BY NON PROFITS AND
WEDDINGS
Recitals:
A. Currently the fees charged for weddings in the Central Point parks are below the
standard of other cities in our region.
B. The Parks Commission having reviewed documentation of current fees has determined
an increase was warranted to help offset the maintenance costs associated with large group
reservations.
C. The Parks Commission on January 20, 2011, made a recommendation to refer the fee
structure change to the City Council.
D. The increase will only pertain to wedding and non-profit reservations. .
The City of Central Point resolves as follows:
Section 1. To approve the attached fee changes to the park reservations for weddings and
non-profit groups;
Passed by the Council and signed by me in authentication of its passage this ______ day
of ____________, 2011.
___________________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
Page 18
Current Fee Schedule Proposed Fee Schedule
Special Event Permit 100.00 Special Event Permit 100.00
Non-Profit Special Event 0 Non-Profit Special Event 50.00
Weddings (over 100) 600.00 Weddings (any size) 500.00
Small Weddings (under 100) 100.00 All weddings one price
Amplified Equipment Permit 20.00 Amplified Equipment Permit 20.00
Alcohol Permit 0 Alcohol Permit 0
Street Closure Block Party 100.00 Street Closure Block Party 100.00
Street Closure for Parade 800.00 Street Closure for Parade 800.00
Gazebo Rental 25/2 hr Gazebo Rental 25/2 hr
Non-refundable Clean-up fee
1-149 people
25.00 Non-refundable Clean-up fee
1-149 people
25.00
Non-refundable Clean-up fee
150-249 people
50.00 Non-refundable Clean-up fee
150-249 people
50.00
Non-refundable Clean-up fee
Over 250 people
Director
Determine
s Fee
Non-refundable Clean-up fee
Over 250 people
Director
Determine
s Fee
Non-Profit Gazebo Rental 0 Non-Profit Gazebo Rental 12.50/2 hr
Non-Profit Clean-up fee 0 Non-Profit Clean-up fee 0
Denotes change in fee.
Page 19
Ordinance
First Reading
Amending Chapter
8.24 Flood
Prevention
Page 20
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: MARCH 1, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: First reading on an update to Chapter 8.24, Flood Damage Prevention Ordinance. The amended
ordinance is coordinated with the adoption of new Flood Insurance Rate Maps (FIRM) which will go into
effect on May 3, 2011. The amendments will bring our ordinance into compliance with state and national
requirements.
BACKGROUND:
The Federal Emergency Management Agency (FEMA) has completed a Flood Insurance Study (FIS) for
Jackson County. The purpose of the FIS was to reevaluate flood hazards and floodway boundaries. Based on
the findings of the FIS, a new Flood Insurance Rate Map has been prepared by FEMA and will become
effective on May 3, 2011. Failure to complete adoption of the FIRM and related code amendments by May 3,
2011 will result in suspension from the National Flood Insurance Program (NFIP).
To remain compliant with FEMA flood regulations and the National Flood Insurance Program the City must
adopt:
1. Revisions to CPMC 8.24, Flood Damage Prevention Ordinance. CPMC 8.24 maintains flood
management standards for the City of Central Point, and has not been updated since 1997. As a result
of changes in “best practices” and the new FIRM it is both appropriate and necessary to update CPMC
8.24. The proposed CPMC 8.24 is based on the State’s Model Flood Damage Prevention Code
(“Model Code”), with modifications to include code language acceptable to FEMA. Aside from the
reference to the new FIRM the major differences in the proposed CPMC 8.24 amendments are
organizational, with clarification between affiliated codes, i.e. Building Code, Zoning Ordinance, etc.
The new FIRM and DFIRM, by reference, are included in the proposed CPMC 8.24. Construction
standards set forth in the existing ordinance language have not been changed with the exception of the
following added sections:
Stream Setback Requirement [References existing regulations in Section 17.60.090.]
Drainage Provisions [Encourages onsite surface water treatment and references Public Works
requirement for any water not treated onsite to drain to an approved storm drain facility.]
Parks & Public Work Department
Matt Samitore, Director
Stephanie Holtey, Floodplain Coord.
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140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
Accessory Structures [Provides relief from the elevation and dry floodproofing requirements for
accessory structures less than 200 square feet in size, provided that minimum flood damage prevention standards are satisfied.]
Below-grade Crawlspaces [Allows below-grade crawlspace construction technique to be utilized. This is a common construction practice that must be referenced to maintain NFIP
compliance.]
Fences [Specific floodplain fence construction standards from Chapter 17.57 are relocated here. Provision added to specifically exclude new fence construction in the Special Stream
Setback provided in Section 17.60.090 and 8.24.240 following adoption of these ordinance
revisions. A grandfathering provision is also specifically included for pre-existing, compliant
fences.]
ISSUES:
There are three basic issues with respect to consideration of the proposed changes to CPMC 8.24:
1. Flood Insurance Rate Maps (FIRM). The new FIRM redefines the flood hazard area. Although the
total number of properties and structures impacted by the 100-year floodplain have decreased, the
changes to the spatial distribution of high risk flood hazard areas has resulted in many previously
unaffected properties being re-zoned into the 100-year floodplain and vice versa. The following table
provides a comparison between properties affected by the old FIRM and the new FIRM.
1982 FIRM 2011 DFIRM
Floodway Acreage 35.58 Floodway Acreage 136
SFHA Acreage 402 SFHA Acreage 175
500-year Acreage 435 500-year Acreage 703
Floodway Tax Lots 136 Floodway Tax Lots 502
Floodway Structures 45 Floodway Structures 83
SFHA Tax Lots 1094 SFHA Tax Lots 637
SFHA Structures 1210 SFHA Structures 429
Upon publication of the new FIRM on May 3, 2011 the lending and insurance industries will be
enforcing the Federal mandatory flood insurance purchase requirement on structures located in the
SFHA. Grandfathering options are available to most property owners in Central Point; however,
insurance policies must be purchased before the map takes effect (5/3/11).
To mitigate impacts to affected residents, the City has made efforts to acquire FEMA Elevation
Certificates for all SFHA properties without a pre-existing certificate on file. The Elevation Certificate
is the official Federal form used to rate policies and will be a necessary purchase for property owners
once the map takes effect.
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140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
2. Flood Insurance Requirements. Structures with mortgages from federally affiliated lending
institutions in the 100-year (high risk) floodplain are subject to a financial obligation to purchase flood
insurance. For those affected, this will result in an additional annual cost.
3. National Flood Insurance Program (NFIP). The NFIP makes Federal flood insurance available in
Central Point in exchange for the City’s adoption and enforcement of floodplain regulations that meet
or exceed the minimum standards set forth in the Code of Federal Regulations. Suspension from the
NFIP would prohibit residents from obtaining the flood insurance needed to satisfy flood insurance
requirements by the lending industry.
In the event our timeline for adoption exceeds the deadline and the City is suspended from the NFIP,
reinstatement is possible once a federally compliant and legally enforceable ordinance becomes
effective.
In addition, the City’s continued efforts to minimize flood impacts in the community through the
enforcement of higher regulatory standards and a proactive floodplain management approach earns
residents automatic discounts on flood insurance premiums through the Community Rating System
(CRS).
It is important to underscore the importance of enacting revisions to the flood ordinance to meet the
National Flood Insurance Program (NFIP) requirements prior to the effective date of the new FIRM on
May 3rd.
.
RECOMMENDATION: Approve the first reading of amendments to 8.24, Flood Damage Prevention
Ordinance
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ORDINANCE NO. _______
AN ORDINANCE AMENDING CHAPTER 8.24, FLOOD DAMAGE PREVENTION, OF
THE CENTRAL POINT MUNICIPAL CODE TO COMPLY WITH THE NATIONAL FLOOD
INSURANCE PROGRAM, ADOPT THE REVISED STATE MODEL CODE AND IMPROVE
COORDINATION OF ALL LOCAL FLOOD-RELATED REGULATIONS
Recitals:
A. The Federal Emergency Management Agency (FEMA) is releasing a new Flood
Insurance Rate Map (FIRM) for Jackson County, including Central Point, which will take effect on May 3, 2011. Significant revisions to the mapped flood hazard areas are shown on the new
FIRM, which affect flood risk, flood insurance requirements, and applicability of Chapter 8.24, Flood Damage Prevention regulations.
B. To maintain compliance with the National Flood Insurance Program (NFIP), which
makes Federal flood insurance available in the community, the City is required to amend its floodplain management ordinance to reflect the changes to the newly adopted FIRM. Revisions must include, at a minimum, regulations that meet the standards set forth in Paragraph 60,3(d)
of the Code of Federal Regulations. Enactment of higher regulatory standards are encouraged and rewarded through participation in the Community Rating System (CRS), which provides
automatic discounts on insurance premiums in participating communities that proactively
manage floodplains to reduce flood losses.
C. The proposed code amendments meet the minimum NFIP requirements provided in 44
CFR 60.3(d), State requirements and some additional higher regulatory standards to reduce
flood losses in the community and lower flood insurance premiums through the CRS. The City currently is a class 7 community with a total of 1,744 points. To achieve a class 6 status, the
city needs a minimum of 256 additional points. The proposed code amendments would provide
the city with an additional _____ points, saving the community an estimated $________.
D. Pursuant to the requirements set forth in CPMC Section 17.075, the City has conducted
the following duly advertised public hearings to consider proposed amendments:
1. Planning Commission hearing on February 1, 2011.
2. City Council hearing on March 10, 2011.
E At the public hearing on March 10, 2011, the City Council reviewed the staff report,
received the findings of the Central Point Planning Commission, and received public testimony from all interested persons. Based upon all of the information received, the City Council adopts
the findings and conclusions set forth in the staff report dated March 10, 2011, and based upon the same, the City Council finds that there is sufficient public need and justification for the proposed text amendments.
F. Words lined through in the following ordinance are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
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Section 1. Chapter 8.24 of the Central Point Municipal Code is amended in its entirely to
read:
Chapter 8.24
FLOOD DAMAGE PREVENTION AND HAZARD MITIGATION*
Sections:
8.24.010 Statutory aAuthorization.
8.24.020 Findings of fFact.
8.24.030 Statement of pPurpose.
8.24.040 Methods of rReducing fFlood lLosses.
8.24.050 Definitions.
8.24.060 Application. Lands to Which This Ordinance Applies
8.24.070 Basis for eEstablishing the aAreas of sSpecial fFlood hHazard.
8.24.080 Penalties for noncompliance. Coordination with State of Oregon Building
codes Division Specialty Codes
8.24.090 Abrogation and greater restrictions. Establishment of Floodplain
Development Permit
8.24.100 Interpretation
8.24.110 Warning and dDisclaimer of lLiability.
8.24.120 Establishment of development permit. Designation of Floodplain
Administrator
8.24.130 Application for development permit. Duties of the Floodplain Administrator
8.24.140 Designation of the city administrator or his designee. Permit Procedures
8.24.150 Duties and responsibilities of the city administrator or his designee. Substantial
Damage and Substantial Improvement Determination
8.24.160 Variance procedure. Watercourse Alterations
8.24.170 General construction standards. Requirement to Submit New Technical Data
8.24.180 Specific standards for areas of special flood hazard. Non-Conversion of
Enclosed Areas Below the Lowest Floor
8.24.190 Specific additional standards for floodways. Site Improvements and
Subdivisions
8.24.200 Specific additional standards for shallow flooding areas. Development in
Regulatory Floodways
8.24.210 Development in Zones with Base Flood Elevations but No Regulatory
Floodway
8.24.220 Development in Zones without Base Flood Elevations
8.24.230 Stream Setback Requirement
8.24.240 Drainage Provisions
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8.24.250 Floodplain Development Standards for Construction
8.24.260 Other Development Standards
8.24.270 Interpretations and Variance
8.24.280 Penalties for Non-Compliance
8.24.290 Severability
8.24.300 Abrogation and Greater Restrictions
* Prior ordinance history: Ords. 1585, 1716 and 1749.
8.24.010 Statutory aAuthorization
The Legislature of the state has in ORS 215.515 delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the city ordains and sets out the provisions of this
chapter. (Ord. 1767 §1(part), 1997).
8.24.020 Findings of fFact
A. The flood hazard areas of the city are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base; all of which adversely affect the public health,
safety, and general welfare.
B. These flood losses are caused by structures in flood hazard areas, which are
inadequately elevated, floodproofed, or otherwise unprotected from flood damages,
and the cumulative effect of obstructions in areas of special flood hazards areas,
which increases in flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or
otherwise protected from flood damage also contribute to the flood loss.
C. The City of Central Point has the primary responsibility for planning, adoption and
enforcement of land use regulations to accomplish proper floodplain management.
(Ord. 1767 §1(part), 1997).
8.24.030 Statement of pPurpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare,;
reduce the annual cost of flood insurance; and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
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A. Protect human life and health;
B. Minimize expenditure of public money on costly flood damage and control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions unnecessary disruption of commerce,
access and public service during times of flood;
E. Minimize damage to public facilities and utilities such as water, sanitary sewer, storm
drain and gas mains; electric, telephone, and television cable lines; and streets,
bridges, and other appurtenances which are located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future flood blight areasflood-
prone areas;
G. To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
I. Manage the alteration of flood hazard areas, stream channels and shorelines to
minimize the impact of development on the natural and beneficial functions of
the floodplain. (Ord. 1767 §1(part), 1997).
8.24.040 Methods of rReducing fFlood lLosses
In order to accomplish its purposes, this chapter includes methods and provisions for to:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases in erosion or
in flood heights or velocities, or erosion;
B. Requiring development that uses is vulnerable to floods, including facilities which
serve such uses structures and facilities necessary for the general health,
safety and welfare of citizens to be protected against flood damage at the time of
initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters; Control
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filling, grading, dredging and other development which may increase or modify
flood damage or erosion;
D Controlling filling, grading, dredging and other development which may increase or
modify flood damage; and Prevent or regulate the construction of flood barriers
that will unnaturally divert flood waters or that may increase flood hazards to
other lands;
E. Preventing or regulating the construction of improvements or other barriers which will
unnaturally divert flood waters or may increase flood hazards in other areas.
Preserve and restore natural floodplains, stream channels and natural
protective barriers which carry and store flood waters; and,
F. Coordinate with and supplement provisions of State of Oregon Specialty
Codes Enforced by the State of Oregon Building Codes Division. (Ord. 1767
§1(part), 1997).
8.24.050 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so
as to give them the meaning they have in common usage and to give this chapter its most
reasonable application.
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a
request for a variance. “Accessory Structure” means a structure on the same or adjacent
parcel as a principal structure, the use of which is incidental and subordinate to the
principal structure.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate
Map (FM) within the "area of special flood hazard." Area of shallow flooding are areas where
the base flood depths range from one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO
zones are characterized as having sheet flow, and AH zones indicates ponding. “Appeal”
means a request for review of the Floodplain Administrator’s interpretation of provisions
of this ordinance.
"Area of special flood hazard" means the land in the flood plain within a community subject to a
one percent or greater chance of flooding in any given year, as designated by the Federal
Emergency Management Agency (FEMA); or any additional area, not designated by FEMA, but
suspected of being subject to a one percent or greater chance of flooding in any given year, as
designated by the city administrator or his designee. “Area of Shallow Flooding” means a
designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) with base flood
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depths ranging from one to three feet, and/or where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident. AO Zones are characterized as having sheet flow, and AH Zones
indicate ponding.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the "one-hundred-year flood." “Area of Special Flood Hazard”
means the land in the floodplain within a community subject to a one (1) percent or
greater chance of flooding in any given year. Zones designating areas of special flood
hazard on Flood Insurance Rate Maps always include the letters A or V. Also known as
the Special Flood Hazard Area (SFHA).
"Basement" means any area of a building having its floor subgrade (below ground level) on all
sides. “Base Flood” means the flood having a one (1) percent chance of being equaled or
exceeded in any given year.
"Breakaway wall" means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
“Base Flood Elevation (BFE)” means the water surface elevation during the base flood in
relation to a specified datum. The BFE is depicted on the Flood Insurance Rate Map
(FIRM) to the nearest foot (1.0) and in the Flood Insurance Study (FIS) to the nearest
tenth (0.1) of a foot.
"City" means the city of Central Point. “Basement” means any area of a building having its
floor subgrade (below ground level) on all sides.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. “Below-grade Crawlspace” means an
enclosed area below the base flood elevation in which the interior grade is not more than
two feet below the lowest adjacent exterior grade and the height, measured from the
interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed
4 feet at any point. Below-grade crawlspaces are allowed subject to the conditions found
in FEMA Technical Bulletin 11-01 and in Section 8.24.220(E)(3).
"Critical facility" means a facility for which even a slight chance of flooding might be too great.
Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use or store hazardous
materials or hazardous waste. “City” means the city of Central Point.
“Conditional Letter of Map Revision (CLOMR)” means a formal review and comment by
FEMA as to whether a proposed project complies with minimum National Flood
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Insurance Program (NFIP) floodplain management criteria. A CLOMR does not amend or
revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps or
Flood Insurance Studies, nor does a CLOMR constitute a formal project approval by the
City.
"Development" means any manmade 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 located within the area of special flood hazard. “Critical
Facility” or “Essential facility” means a facility that is critical for the health and welfare of
the population and is especially important following hazard events. “Critical facilities” or
“essential facilities” include:
1. Hospitals and other medical facilities having surgery and emergency treatment
areas;
2. Fire and police stations;
3. Tanks or other structures containing, housing or supporting water or fire-
suppression materials or equipment required for the protection of essential or
hazardous facilities or special occupancy structures;
4. Emergency vehicle shelters and garages;
5. Structures and equipment in emergency preparedness centers;
6. Standby power generating equipment for essential facilities; and,
7. Structures and equipment in government communication centers and other
facilities required for emergency response.
"Elevated building" means for insurance purposes, a non-basement building which has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns. “Datum” means the vertical datum. The vertical datum is a base
measurement point (or set of points) from which all elevations are determined.
Historically, that common set of points has been the National Geodetic Vertical Datum of
1929 (NGVD 1929). The vertical datum currently adopted by the Federal government as a
basis for measure heights is the North American Vertical Datum of 1988 (NAVD 1988).
"Existing manufactured home park or subdivision" means a manufactured home park
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted flood damage prevention and hazard
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mitigation requirements codified in this chapter. “Development” means any manmade
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; or storage of equipment and materials located within the area of special
flood hazard. Exemptions to the definition of development, for the purpose of
administering this ordinance, include:
1. Signs, markets, aids, etc. placed by a public agency to serve the public; and,
2. Residential gardens provided that they do not result in unauthorized,
substantial alteration of topography; and provided that gardening methods do
not include the use or application of pesticides, herbicides, fertilizers or other
toxic materials.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads), which are completed after the effective
date of adopted flood damage prevention and hazard mitigation requirements codified in this
chapter. “DFIRM” means Digital Flood Insurance Rate Map. It depicts flood risk and
zones and flood risk information. The DFIRM presents the flood risk information in a
format suitable for electronic mapping applications.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
“Elevated Building” means, for insurance purposes, a non-basement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts,
piers, pilings or columns.
"Flood insurance rate map (FIRM)" means the official map on which FEMA has delineated both
the areas of special flood hazards and the risk premium zones applicable to the community.
“Encroachment” means the advancement or infringement of uses, fill, excavation,
buildings, permanent structures or other development into a floodway, which may
impede or alter the flow capacity of a floodplain.
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"Flood insurance study" means the official report provided by FEMA that includes flood profiles,
the flood boundary-floodway map, and the water surface elevations of the base flood.
“Essential Facility.” See “Critical Facility.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. “FEMA” means the Federal Emeregency Management
Agency.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure (used solely for parking of vehicles, building access, or
storage) in an area other than a basement area, is not considered a building’s lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at Section 8.24.180(A)(2) of
this chapter. “Flood” or “Flooding” means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle." “Flood Insurance Rate Map (FIRM)” means the official map of a
community, issued by FEMA delineating the areas of special flood hazard and/or risk
premium zones applicable to the community.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale. “Flood Insurance Study (FIS)”
means the official report provided by FEMA evaluating flood hazards and containing
flood profiles, regulatory Floodway boundaries and water surface elevations of the base
flood.
"New construction" means structures for which the "start of construction" commenced on or
after the effective date of the adopted flood damage prevention and hazard mitigation
requirements codified in this chapter. “Floodway” or “Regulatory Floodway” means the
channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than 1 foot.
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"New manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the adopted flood damage prevention and hazard mitigation requirements
codified in this chapter. “Historic Structure” means a structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or to a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or,
4. Individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either;
a. By an approved state program as determined by the Secretary of the
Interior; or,
b. Directly by the Secretary of the Interior in states without approved
programs.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light duty truck;
and
4. Not primarily designed for use as a permanent dwelling, but as temporary living quarters
for recreational, camping, travel, or seasonal use. “Letter of Map Change (LOMC)” means
an official FEMA determination by letter, to amend or revise effective Flood Insurance
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Rate Maps and Flood Insurance Studies. LOMCs are issued in the following
categories:
1. Letter of Map Amendment (LOMA) means a revision based on technical data
showing that a property was inadvertently included in a designated special
flood hazard area. A LOMA amends the current effective Flood Insurance Rate
Map and establishes that a specific property or structure is not located in a
special flood hazard area;
2. Letter of Map Revision (LOMR) means a revision based on technical data
showing, due to human-made alterations, changes to flood zones, flood
elevations, or floodplain and regulatory floodway delineations. One common
type of LOMR, a LOMR-F, is a determination that a structure or parcel has been
elevated by fill above the base flood elevation and is excluded from the special
flood hazard area.
"Start of construction" means the date the development permit (which includes development,
public works, and building permits) was issued, provided the actual start of construction, repair,
reconstruction, placement or other substantial improvement was within one hundred eighty days
of the permit issuance date. The actual start of construction means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation or blocks. Permanent construction
does not include land preparation, such as clearing, grading and filling; the installation of streets
and/or walkways; excavation for a basement, footings, piers, or foundations; the erection of
temporary forms; or the installation of the property or accessory buildings (i.e., garages or
sheds) not occupied as dwelling units or which are not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. “Lowest Floor” means the lowest floor of the lowest
enclosed area, including basement. An unfinished or flood resistant enclosure (used
solely for parking of vehicles, building access or storage) in an area other than a
basement area, is not considered a building’s lowest floor, provided that such enclosure
is not built so as to render the structure in violation of the applicable non-elevation
design requirements found in Section 8.24.250(B)(2) and (3) of this chapter.
"Structure" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground. “Manufactured Dwelling” or “Manufactured Home” means a
structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when attached to the
required utilities. The term “manufactured home” does not include a “recreational
vehicle.”
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"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty percent of the
market value of the structure before the damage occurred. “NFIP” means National Flood
Insurance Program.
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty 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:
c. Any project 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
d. Any alteration of a structure listed on the National Register of Historic Places or the
Oregon State Inventory of Historic Places. “New Construction” means structures for which
the “start of construction” commenced on or after the effective date of the adopted flood
damage prevention requirements codified in this chapter, including subsequent
substantial improvements to the structure.
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter. “Reasonably Safe
from Flooding” means base flood waters will not inundate the land or damage
structures…and that any subsurface waters related to the base flood will not damage
existing or proposed buildings.
"Water dependent" means a structure for commerce or industry which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
“Recreational Vehicle” means a vehicle that is:
1. Built on a single chassis;
2. Four hundred feet or less when measured a the largest horizontal projection;
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3. Designed to be self-propelled or permanently towable by a light duty truck;
and,
4. Not primarily designed for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use.
“Start of Construction” means the date the development permit (which includes
development, public works and building permits) was issued, provided the actual start of
construction, repair, reconstruction, placement or other substantial improvement was
within one year of the permit issuance date. The actual start of construction means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation or the placement of a manufactured home on a
foundation or blocks. Permanent construction does not include land preparation, such
as clearing, grading and filling; the installation of streets and/or walkways; excavation for
a basement, footings, piers or foundations; the erection of temporary forms; or the
installation of the property or accessory buildings (i.e. garages or sheds) not occupied
as dwelling units or which are not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
“Structure” means a walled and roofed building, manufactured dwelling, a modular or
temporary building, or liquid storage tank that is principally above ground.
“Substantial Damage” means damage of any origin sustained by a structure on at least
two separate occasions during a 10-year period whereby the cost of restoring the
structure for which the cost of repairs to its before damaged condition would equal or
exceed fifty percent of the market value of the structure before the damage occurred.
“Substantial Improvement” means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of the
structure within the course of a 10-year period 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:
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a. Any project 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
b. Any alteration of a structure listed on the National Register of
Historic Places or the Oregon State Inventory of Historic Places.
“Variance” means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant
with the community’s floodplain management regulations. A structure or other
development without evidence of compliance, such as a FEMA Elevation Certificate,
Floodproofing Certificate or other certification, is presumed to be in violation until such
time as that documentation is provided.
“Watercourse” means a lake river, creek, stream, wash, arroyo, channel or other
topographic feature in, on, through, or over which water flows at least periodically.
“Water Dependent Use” means a facility that cannot be used for its intended purpose
unless it is located or carried out in close proximity to water. The term does not include
long-term storage, manufacture, sales or service facilities.
“Water Surface Elevation” means the height, in relation to a specified datum of floods of
various magnitudes and frequencies in the floodplains of riverine areas. (Ord. 1767
§1(part), 1997).
8.24.060 Application. Lands to Which This Ordinance Applies
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city
City. Nothing in this ordinance is intended to allow uses or structures that are otherwise
prohibited by the zoning regulations or Specialty Codes. (Ord. 1767 §1(part), 1997).
8.24.070 Basis for eEstablishing the aAreas of sSpecial fFlood hHazard
The areas of special flood hazard identified by the Federal Emergency Management Agency
in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for The City of
Central Point Jackson County, Oregon and Incorporated Areas , dated January 19, 1982
May 3, 2011" (Flood Insurance Study), or subsequent amendments thereto, with accompanying
flood insurance maps, are adopted by reference and declared to be a part of this chapter with
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accompanying Flood Insurance Rate Maps (FIRM) and Digital Flood Insurance Rate Maps
(DFIRM) are adopted by reference and declared a part of this ordinance. The Flood
Insurance Study FIS and FIRM are is on file at Central Point City Hall, located at 140 South
3rd Street, Central Point, Oregon. 155 South Second Street, Central Point, Oregon.
The city floodplain administrator or designee may also identify additional areas of special flood
hazard which are not identified by FEMA, but have been identified as being areas of special
flood hazard due to their proximity to named or unnamed ditches, creeks, streams, rivers, or
channels; or that have been identified as areas of special flood hazard based on historical
events or occurrences. (Ord. 1767 §1(part), 1997).
8.24.080 Penalties for noncompliance Coordination with the State of Oregon Building
Codes Division Specialty Codes
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations. Any
person who violates this chapter or fails to comply with any of its requirements shall, upon
conviction thereof, be subject to the general penalty, and in addition shall pay all costs and
expenses involved with the case. Nothing contained in this chapter shall prevent city from
taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1767
§1(part), 1997).
Pursuant to the requirement established in ORS Chapter 455 that the City of Central
Point administer and enforce the State of Oregon Specialty Codes, the City Council of
Central Point does hereby acknowledge that the Specialty Codes contain certain
provisions that apply to the design and construction of buildings and structures located
in areas of special flood hazard. Therefore, this ordinance is intended to be administered
and enforced in conjunction with the Specialty Codes.
8.24.090 Abrogation and greater restrictions. Establishment of Floodplain Development
Permit
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or
deed restrictions. However, where this chapter and another ordinance, easement, covenant or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail. (Ord. 1767 §1(part), 1997).
A. A Floodplain Development Permit shall be required prior to initiating
development activities in any special flood hazard areas as established in
Section 8.24.070. The permit shall be for all improvements or structures
(including manufactured homes and fences, as set forth in Section 8.24.050
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and 8.24.250 and 8.24.260 of this chapter), and for all development including fill
and other activities, also set forth in Section 8.24.260 of this chapter.
Floodplain Development Permits shall be subject to the review procedures
based on the type of development activity proposed, as set forth below:
1. Section 17.05.200, Type I review procedure (administrative) applies to
floodplain development projects that meet the following criteria:
a. Located outside a regulatory floodway;
b. Located outside the special stream setback area;
c. Does not require a Conditional Letter of Map Revision (CLOMR)
or Letter of Map Revision pursuant to Section 8.24.170(A) and
(B); and,
d. Project is a bridge or culvert replacement deemed necessary by
the floodplain administrator or designee to address immediate
concerns for life, safety, health and/or the general welfare of the
community provided that the following conditions are met:
i. The applicant is responsible for providing evidence
necessary to support determination of public emergency;
ii. The bridge or culvert replacement is located along a
similar or parallel alignment and contributes no additional
material to the floodway; and,
iii. The bridge or culvert replacement project is consistent
with any applicable hazard mitigation project actions
identified in the Central Point Hazard Mitigation Plan.
iv. The applicant provides certification of floodplain impacts
and encroachment analysis for any permanent bridge or
culvert placement. at the time of application and include:
(a) Impacts to the base flood elevation;
(b) Impacts to the base floodplain boundaries; and,
(c) Identification of any insurable structures within the
base floodplain.
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2. Section 17.05.300, Type II review procedure (administrative) applies to
floodplain development projects that meet the following criteria:
a. Located outside the regulatory floodway;
b. Located within the special stream setback area; and
c. Does not require a Conditional Letter of Map Revision (CLOMR)
or Letter of Map Revision (LOMR) pursuant to Section
8.24.170(A) and (B);
d. Any bank stabilization project that utilizes vegetative planting
techniques and contributes no fill or material other than
vegetation to the stream channel, stream bank or surrounding
area; and,
3. Section 17.05.400, Type III review procedure (quasi-judicial) applies to
floodplain development projects that meet the following criteria:
a. Located in the regulatory floodway;
b. Increases base flood elevation more than one foot;
c. Causes any rise in the regulatory floodway;
d. Bridge and culvert replacement projects that are not deemed to
be a public emergency as provided in 8.24.090(A)(1)(d);
e. Any bank stabilization that uses methods other than vegetative
plantings to achieve shoreline stabilization and safety;
f. Requires a Conditional Letter of Map Revision (CLOMR) and/or
Letter of Map Revision (LOMR) pursuant to Section 8.24.170(A)
and (B); and,
g. Requests a variance to the provisions of this chapter.
8.24.100 Interpretation
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
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C. Deemed neither to limit nor repeal any other powers granted under federal, state, or local
laws, ordinances, rules, or statutes, including the state building code. (Ord. 1767 §1(part),
1997).
8.24.110 Warning and dDisclaimer of lLiability
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, any officer or employee thereof, or FEMA, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made under this
chapter. (Ord. 1767 §1(part), 1997).
8.24.120 Establishment of development permit. Designation of the Local Floodplain
Administrator
A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in Section 8.24.070 of this chapter. The permit shall be
for all improvements or structures (including manufactured homes, as set forth in Section
8.24.050 of this chapter), and for all development including fill and other activities, also as set
forth in Section 8.24.050 of this chapter. (Ord. 1767 §1(part), 1997). The City Administrator or
designee is hereby appointed as the Floodplain Administrator who is responsible for
administering and implementing the provisions of this ordinance. (Ord. 1767 §1(part),
1997).
8.24.130 Application for development permit. Duties and Responsibilities of the Floodplain
Administrator
Application for a development permit shall be made on forms furnished by the city administrator
or his designee and may include, but not be limited to, plans in duplicate (drawn to scale)
showing the nature, location, dimensions and elevations of the area in question; existing or
proposed structures; fill, storage of materials, drainage facilities and the location of the
foregoing. Specifically, the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures and all public and private improvements (i.e., streets and appurtenances, utilities,
drainage facilities, etc.);
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B. Elevation in relation to mean sea level to which any structure or improvement has been
floodproofed;
C. Written certification by an Oregon registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the floodproofing criteria stated in
Section 8.24.180(B) of this chapter; and
D. Description of the extent to which a watercourse will be altered or relocated as a result of the
proposed development. (Ord. 1767 §1(part), 1997).
Duties of the Floodplain Administrator shall include, but not be limited to the following:
A. Review all proposed development to determine whether it will be located in
areas of special flood hazard or other flood-prone areas;
B. Review applications for new development or modifications of any existing
development located in areas of special flood hazard for compliance with the
requirements of this ordinance;
C. Interpret flood hazard area boundaries, provide available flood hazard
information, and provide base flood elevations where they exist;
D. Review proposed development to assure that necessary permits have been
obtained from government agencies from which approval is required by
Federal or state law. Copies of such permits shall be maintained on file;
E. Review all development permit applications to determine if the proposed
development is located in the regulatory floodway and, if so, ensure that the
encroachment standards of Section 8.24.200 are met;
F. When base flood elevation data or floodway data have not been established
pursuant to Section 8.24.070, then the Floodplain Administrator shall obtain,
review and reasonably utilize any base flood elevation and floodway data
available from a Federal, state or other authoritative source in order to
administer the provisions of this ordinance;
G. When base flood elevations or other engineering data are not available from an
authoritative source, the Floodplain Administrator shall require base flood
elevations to be developed in accordance with Section 8.24.190(E) or take into
account the flood hazards, to the extent they are know, to determine whether a
proposed building site or subdivision will be reasonably safe from flooding;
H. Where a determination is needed of the exact location of boundaries of the
areas of special flood hazard, such as when there appears to be a conflict
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between a mapped boundary and actual field conditions, the Floodplain
Administrator shall make the interpretation. Any person contesting the
location of the boundary may appeal the determination subject to the process
identified in Section 8.24.300;
I. Issue floodplain development permits when the provisions of this ordinance
have been met, or deny the same in the event of non-compliance;
J. Coordinate with the Building Official to assure that the applications for
building permits comply with the requirements of this ordinance;
K. Obtain, verify and record the actual elevation, in relation to the vertical datum
used on the effective FIRM, or highest adjacent grade where no BFE is
available, of the lowest floor level, including basement of all new construction
or substantially improved buildings and structures;
L. Obtain, verify and record the actual elevation, in relation to the vertical datum
used on the effective FIRM, or highest adjacent grade where no BFE is
available, to which any new or substantially improved non-residential
buildings or structures have been floodproofed. When floodproofing criteria
are utilized for a structure, the Floodplain Administrator shall obtain
certification of design criteria from a registered professional engineer or
architect;
M. Ensure that all records pertaining to the provisions of this ordinance are
permanently maintained in the office of the Floodplain Administrator and are
available for public inspection;
N. Make periodic inspections of areas of special flood hazard to establish that
development activities are being performed in compliance with this ordinance,
and to verify that existing buildings and structures maintain compliance with
this ordinance;
O. Coordinate with the Building Official to inspect areas where buildings and
structures in areas of special flood hazard have been damaged, regardless of
the cause of damage, and notify owners that permits may be required prior to
repair, rehabilitations, demolition, relocation or reconstruction of the building
or structure; and,
P. Make substantial improvement and substantial damage determinations for all
structures located in areas of special flood hazard.
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8.24.140 Designation of the city administrator or his designee. Permit Procedures
The city administrator or his designee is appointed to administer and implement this chapter by
granting or denying development permit applications in accordance with its provisions, and to
administer and implement the other requirements of this chapter. (Ord. 1767 §1(part), 1997).
Application for a floodplain development permit shall be made to the Floodplain
Administrator on forms furnished by the Administrator or designee prior to starting
development activities. Specifically, the following information is required:
A. Application Stage
1. Plans in duplicate, drawn to scale with elevations of the project area
and the nature, location, dimensions of existing and proposed
structures, earthen fill placement, storage of materials or equipment
and drainage facilities;
2. Delineation of special flood hazard areas, regulatory floodway
boundaries, including base flood elevations, or flood depth in AO or AH
zones where available:
3. For all proposed structures, elevation in relation to the highest adjacent
grade and base flood elevation or flood depth in AO or AH zones, of the:
a. Lowest enclosed area, including crawlspace or basement floor;
b. Top of the proposed garage slab, if any; and,
c. Next highest floor.
4. Locations and sizes of all flood openings in any proposed building;
5. Elevation to which any non-residential structure will be floodproofed;
6. Certification from a registered professional engineer or architect that
any proposed non-residential floodproofed structure will meet the
floodproofing criteria of the NFIP and Specialty Codes;
7. Description of the extent to which any watercourse will be altered or
relocated as a result of a proposed development;
8. Proof that application has been made for necessary permits from other
governmental agencies from which approval is required by Federal or
state law; and,
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9. Copies of documentation associated with a CLOMR received from
FEMA required pursuant to Section 8.24.170.
B. Construction Stage
1. For all new construction and substantial improvements, the permit
holder shall provide to the Floodplain Administrator an as-built
certification of the floor elevation or floodproofing level immediately
after the lowest floor or floodproofing is placed and prior to further
vertical construction;
2. Any deficiencies identified by the Floodplain Administrator shall be
corrected by the permit holder immediately and prior to work
proceeding. Failure to submit certification or failure to make the
corrections shall be cause for the Floodplain Administrator to issue a
stop-work order for the project.
C. Certificate of Occupancy
1. In addition to the requirements of the building codes pertaining to
certificate of occupancy, prior to the final inspection, the owner or
authorized agent shall submit the following documentation that has
been prepared and sealed by a registered surveyor or engineer for
review and approval by the Floodplain Administrator:
a. For elevated buildings and structures in special flood hazard
areas (A zones), a completed FEMA Elevation Certificate (FEMA
Form 81-31) that includes the as-built elevation of the lowest
floor, including basement or, where no base flood elevation is
available, the height above the highest adjacent grade of the
lowest floor; and,
b. For buildings and structures that have been floodproofed, a
FEMA Floodproofing Certificate (FEMA Form 81-65) that includes
the elevation to which the building or structure was
floodproofed.
2. Failure to submit certification or failure to correct violations shall be
cause for the Floodplain Administrator to withhold a certificate of
occupancy until such deficiencies are corrected.
D. Expiration of Floodplain Development Permit
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1. A floodplain development permit shall expire 180 days after date of
issuance unless the permitted activity has commenced as provided in
Section 8.243.050(AA) and thereafter is pursued until completion;
2. The Floodplain Administrator or designee shall, upon written request by
the applicant or authorized agent and payment of the required fee, grant
a written one 180 day extension of the approval period with the
exception that projects with extenuating circumstances may be granted
additional extensions as needed, and provided that:
a. No changes are made to the original application as approved by
the City;
b. There have been no changes in the Code provisions on which
the approval was based. In the case where the plan conflictions
with a Code provision, the extension shall be either:
i. Denied; or,
ii. Re-reviewed at the discretion of the floodplain
administrator or designee;
c. The extension request is made prior to the expiration date of the
original approved plan; and,
d. The application shall be void if the original application expires
and no extension has been granted.
8.24.150 Duties and responsibilities of the city administrator or his designee. Substantial
Damage and Substantial Improvement Determination
Duties of the city administrator or his designee shall include, but not be limited to the following:
A. Permit Review.
1. Review all development permits submitted to determine that the permit requirements
of this chapter have been satisfied;
2. Review all development permits to determine that all necessary permits have been
obtained from those federal, state, or local regulatory agencies from which prior
approval is required;
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3. Review all development permits to determine if the proposed development is located
in the floodway. If located in the floodway, assure that the encroachment provisions of
Section 8.24.190(B) of this chapter are met.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with Section 8.24.070 of this chapter, Basis for establishing the areas of special
flood hazard, the city administrator or his designee shall obtain, review, and reasonably utilize
any base flood elevation and floodway data available from a federal, state, or local regulatory
agency, or other suitable source (i.e., city-approved consultants, scientists, etc., retained by and
at the expense of the applicant), in order to administer Sections 8.24.170, 8.24.180, 8.24.190,
and 8.24.200 of this chapter.
C. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the Hood Insurance Study or as
required in Section 8.24.150(B) of this chapter, the applicant shall provide to the city the
actual elevation (in relation to mean sea level, as established by the applicant’s Oregon
licensed surveyor or registered professional engineer, utilizing a city-approved vertical
datum benchmark) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean sea level), as
provided by the applicant and as certified by the applicant’s Oregon licensed
surveyor or registered professional engineer, utilizing a city-approved vertical
datum; and
b. Maintain the floodproofing certifications required in Section 8.24.130(C) of this
chapter.
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of Watercourses.
1. Notify adjacent communities, the Oregon Division of State Lands, Oregon
Department of Land Conservation and Development, and the Army Corp of Engineers
prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to FEMA.
2. Require that provisions and maintenance are provided within the altered or relocated
portion of such watercourse so that the flood carrying capacity is not diminished, as
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certified in writing by an Oregon registered professional engineer and as approved by
the city administrator or his designee.
E. Interpretation of FIRM Boundaries. Make interpretations where needed as to the exact
location of the boundaries of the areas 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 provided in Section 8.24.160 of this chapter. (Ord. 1767 §1(part), 1997). For
application for permits to improve buildings and structures, including additions, repairs,
renovations and alterations, the floodplain administrator shall:
A. Estimate the market value, or require the applicant to obtain a professional
appraisal of the market value, of the building or structure before the proposed
work is performed. When repair of damage is proposed, the market value of
the building or structure shall be the market value before the damage
occurred;
B. Compare the cost of improvement, the cost to repair the damaged building to
its pre-damaged condition, or the combined costs or improvements and
repairs, if applicable to the market value of the building or structure;
1. Except as indicated in subsection (2) and (3) below, all costs to repair
substantial damage, including emergency repairs and the cost of
complying with any county, state or federal regulation must be
included;
2. The costs associated with the correction of pre-existing violations of
state or local health, sanitary or safety code specifications that were
identified by the building official, the director of environmental health or
any other local code enforcement official prior to the improvement or
repair, and that are the minimum necessary ensure safe living
conditions, shall not be included;
3. Costs associated with the following items are not included:
a. The preparation and approval of all required plans, calculations,
certifications and specifications;
b. The performance of surveys or other geotechnical or engineering
studies and resulting reports;
c. Permit and review fees, and;
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d. The construction, demolition, repair or modification of outdoor
improvements, including landscaping, fences, swimming pools,
detached garages and sheds, etc.
4. Proposed alterations to a designated historic building or structure are
not to be considered a substantial improvement unless the alteration
causes a loss of said designation.
C. The Floodplain Administrator shall make the final determination of whether the
proposed improvement and/or repairs constitute a substantial improvement or
substantial damage;
D. The Floodplain Administrator shall notify the applicant of the results of the
determination in writing.
E. The applicant has the right to appeal the determination pursuant to Section
8.24.270.
8.24.160 Variance procedure. Watercourse Alterations
A. Requests for Variances and Appeals.
1. The city administrator shall hear and decide requests for variances from the
requirements of this chapter.
2. The city council shall hear and decide appeals when it is alleged there is an error in
any requirement, decision or determination made by the city administrator or his or her
designee in the enforcement or administration of this chapter.
3. In passing upon such applications, the city administrator and/or the city council shall
consider all technical evaluations, all relevant factors and standards specified in other
sections of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the
community;
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e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated
development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
and
k. The costs of providing governmental services during and after flood conditions,
including emergency services and preservation, maintenance, restoration,
replacement, and repair of public utilities and facilities.
4. Upon consideration of the factors of subsection (3) of this section, and the purposes
of this chapter, the city administrator may attach such conditions to the granting of
variances as are deemed necessary to further the purposes of this chapter.
5. The city administrator or his or her designee shall maintain the records of all appeal
actions and report any variances to FEMA upon request.
B. Conditions for Variances.
1. Generally, a variance from the elevation standards established in this chapter may
only be issued for new construction, or for substantial improvements, which are to be
erected/constructed on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level,
providing the conditions of Section 8.24.160(A)(3) have been fully considered. As the
lot size increases, the technical justification required for issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places or the State Inventory of
Historic Places, provided the conditions of Section 8.24.160(A)(3) have been fully
considered.
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3. Variances shall not be issued within a designated floodway if any increase in flood
levels or significant extension/increase of the flood zone boundary during the base flood
discharge would result.
4. Variances shall only be issued upon a determination that the variance is the
minimum necessary (in consideration of the flood hazard) to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
c. A determination that the granting of a variance will not result in increased flood
heights, a significant increase/extension in the flood zone boundary, additional
threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing state and local laws
or ordinances.
6. Variances as interpreted in the national flood insurance program are based on the
general zoning law principle that they pertain to a physical piece of property, they are
not personal in nature, and do not pertain to the structure, its inhabitants, economic or
financial circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from the flood elevations should be quite
rare.
7. Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than impermeable, where it can be determined
that such action will have low damage potential, complies with all other variance criteria
except Section 8.24.160(B)(1), and otherwise complies with Section 8.24.170 of this
chapter.
8. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the elevation
standards established in this chapter, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1785 §1, 1998; Ord. 1767 §1(part), 1997).
A. Development shall not diminish the flood carrying capacity of a watercourse.
If any watercourse will be altered or relocated as a result of the proposed
development, the applicant must submit certification from a registered
professional engineer that the flood carrying capacity will not be diminished.
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B. Applicant will be responsible for obtaining all necessary permits from
governmental agencies from which approval is required by Federal or state
law, including but not limited to section 404 of the Federal Water Pollution
Control Act Amendments of 1972; 33 U.S.C. 1334, the Endangered Species Act
of 1973, 16 U.S.C. 1531-1544; and State of Oregon Division of State Lands
regulations.
C. If the altered or relocated watercourse is part of an area of special flood
hazard, the applicant shall notify adjacent communities and Oregon
Department of Land Conservation and Development prior to any alteration or
relocation of the watercourse. Evidence of notification must be submitted to
the Floodplain Administrator and to FEMA as set forth in Section 8.24.170.
D. The applicant shall be responsible for the maintenance necessary for the
altered or relocated portion of the watercourse, to ensure that flood carrying
capacity will not be diminished.
8.24.170 General construction standards. Requirement to Submit New Technical Data
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over-the-
top or frame ties to ground anchors (refer to FEMA’s "Manufactured Home Installation in
Flood Hazard Areas" guidebook for additional techniques and details).
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
3. 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.
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C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to mitigate or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters.
3. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
4. Storm drain systems shall be designed to adequately and completely drain all flood
waters, when the flood levels diminish at the point of discharge. Discharge ends of
storm drain systems shall be equipped with suitable devices which prevent the backflow
of flood waters up through the storm drain collection and conveyance system.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood
damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer,
natural gas, electrical, telephone, storm drain, cable television, and water systems
located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage facilities and appurtenances
that effectively drain the proposed subdivision and connecting properties (as applicable)
to reduce exposure to flood damage; and,
4. Where base flood elevation data has not been provided or is not available from
FEMA or another city approved authoritative source, it shall be generated at the
expense of the applicant, and as approved by the city administrator or his designee, for
subdivision and major and minor land partition proposals.
E. Review of Building Permits. Where elevation data is not available either through FEMA or
from another city-approved authoritative source, 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 by the city administrator or his designee, and includes use
of historical data, high water marks, photographs of past flooding, etc., where available. In
these areas, if the base flood elevation cannot be established, the lowest floor elevation,
including basement, must be a minimum of two feet above finished grade or one foot above the
known high water mark, whichever is greater. (Ord. 1767 §1(part), 1997).
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A. Prior to floodplain development permit approval, a FEMA CLOMR is required
for the following projects:
1. Stream restoration projects;
2. Watercourse alterations;
3. Capital improvement projects;
4. Subdivision proposals with infrastructure, lots or other improvements
that encroach into the SFHA;
5. Any bank stabilization that uses methods other than vegetative
plantings to achieve shoreline stabilization and safety; and,
6. Projects that increase the floodway elevation or boundary;
B. Within six months of project completion, an applicant who obtains an
approved CLOMR from FEMA, or whose development alters a watercourse,
modifies floodplain boundaries or BFEs shall obtain a LOMR from FEMA that
reflects the as-built changes to the FIRM.
C. It is the applicant’s responsibility to have technical data prepared in a format
required for a CLOMR or LOMR and to submit such data to FEMA on the
appropriate application forms. Submittal and processing fees for these map
revisions shall be the applicant’s responsibility.
D. Applicants shall be responsible for all costs associated with obtaining a
CLOMR and LOMR from FEMA.
E. The Floodplain Administrator shall be under no obligation to sign the
Community Acknowledgement Form, which part of the CLOMR/LOMR
application, until the applicant demonstrates that the project will or has met all
applicable requirements of this ordinance.
8.24.180 Specific additional standards for areas of special flood hazard. Non-conversion of
Enclosed Areas Below the Lowest Floor
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in Section 8.24.070 of this chapter, basis for establishing the areas of special flood hazard
or Section 8.24.150(B), Use of Other Base Flood Data, the following provisions are required:
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A. Critical Facilities. Critical facilities shall not be constructed within areas of special flood
hazards.
B. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot above the base flood elevation.
2. 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 flood waters. Designs for meeting this
requirement must be either certified by an Oregon registered professional engineer or
architect and must meet or exceed the following minimum criteria:
a. 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.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of flood waters.
C. Nonresidential construction. New construction and substantial improvement of any
commercial, industrial, or other nonresidential structure shall either have the lowest floor,
including basement, elevated at least one foot above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
1. Be floodproofed so that structures below one foot above base flood level are
watertight with walls impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
3. Be certified by an Oregon 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 written certifications
shall be provided to the city administrator or his designee as set forth in Section
8.24.150(C)(2) of this chapter;
4. Nonresidential structures that are elevated and not floodproofed, must meet the
same standards for space below the lowest floor as described in Section
8.24.180(A)(2);
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5. An applicant who floodproofs nonresidential buildings will have flood insurance
premiums which are based on rates that are one foot below the floodproofed level (e.g.,
a building floodproofed to the base flood level elevation will be rated as one foot below
the base flood elevation).
D. Manufactured Homes.
1. All manufactured homes to be placed or substantially improved within areas of
special flood hazard 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 and approved foundation system to
resist flotation, collapse, and lateral movement.
E. Recreational Vehicles. Recreational vehicles placed on sites within areas of special flood
hazard must either:
1. Be fully licensed and ready for highway use; is on its wheels or jacking system; is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached additions; or
2. Meet the requirements of Section 8.24.180(C), and has the elevation and anchoring
requirements for manufactured homes. (Ord. 1767 §1(part), 1997).
To ensure that enclosed areas below the lowest floor continue to be used solely for
parking vehicles, limited storage, or access to the building and not be finished for use as
human habitation, the Floodplain Administrator shall:
A. Determine which applications for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that are 5-feet
or higher;
B. Require that the applicant enter into a Non-conversion Deed Declaration for
Construction within Flood Hazard Areas” or equivalent with the City of Central
Point. The deed declaration shall be recorded with the City of Central Point.
The deed declaration shall be in a form acceptable to the Floodplain
Administrator and City Council.
8.24.190 Specific additional standards for floodways. Site Improvements and Subdivisions
Located within areas of special flood hazard established in Section 8.24.070 of this chapter 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,
development will not normally be allowed within the floodway. However, if development is
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allowed within the floodway by the city administrator or his designee, then the following
provisions will apply:
A. Responsibility.
1. Private Property. The property owner is responsible for maintenance and for
activities within the floodway on private property.
2. Public Property. The city is responsible for maintenance and for activities within the
floodway on public property within the city.
3. Prohibit encroachments, including fill, new construction, substantial improvements,
and other development unless certification by an Oregon registered professional
engineer is provided demonstrating that encroachments shall not result in any increase
in base flood levels during the occurrence of the base flood discharge, as approved by
the city administrator or his designee.
4. If the condition of Section 8.24.190(A)(3) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of Sections 8.24.170 and 8.24.180.
B. Encroachments.
1. As certified by an Oregon registered professional engineer, retained by the
applicant, no new construction, improvements, reconstruction, or rebuilding of stream
banks for purposes of erosion protection shall be done or caused to be done within the
floodway boundary unless:
a. There is no increase in base flood levels during the occurrence of the base
flood discharge;
b. The stream flow capacity will not be adversely affected;
c. There will be no adverse effects on up- or downstream properties; and
d. There will be no adverse erosion or deposition problems caused by the
proposed work.
2. In cases involving new construction or substantial improvements, including filling by
the landowner, the landowner shall retain a registered professional engineer who shall
certify to the satisfaction and approval of the city administrator or his designee that the
proposed work complies with the terms of Section 8.24.190(B)(1).
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3. In the case of reconstruction or rebuilding of stream banks by the owner for
proposed erosion protection, an Oregon registered engineer’s certification may not be
required if, in the opinion of the city administrator or his designee, that the requirements
of Section 8.24.190(B)(1) have been met and, in connection with rendering such
determination, the city administrator or his designee may consult with the appropriate
regulatory or resource agencies before approving the request.
C. Mobile Homes. No mobile home shall be placed in a floodway except in an existing mobile
home park or an existing mobile home-subdivision, as conditionally approved by the city
administrator or his designee, in consideration of the conditions of Section 8.24.160(B). (Ord.
1768 §1, 1997; Ord. 1767 §1(part), 1997).
A. All proposed new development and subdivisions shall be consistent with the
need to minimize flood damage and ensure that the building sites will be
reasonably safe from flooding as set forth in Section 8.24.050. The test of
reasonableness is a local judgment and shall be based on historical data, high
water marks, photographs of past flooding, etc.
B. Building lots shall have adequate buildable area outside of the regulatory
Floodway and the Special Stream Setback set forth in Section 8.24.230, which
shall be dedicated as an open space easement, conservation easement or
public park.
C. New development proposals and subdivision development plans, including
tentative plat and approved engineered drawings and as-builts, shall include
the mapped flood hazard zones from the effective FIRM, including the
regulatory floodway, if applicable, and estimated base flood elevations at each
parcel.
D. Subdivisions shall be created and designed to minimize risk of damage to
property and potential loss of life from flooding, and minimize the disturbance
of floodplain riparian zones by locating infrastructure and lots outside the
SFHA. Reserved SFHA land shall be preserved as open space by easement or
dedication as a public park. When a subdivision proposal includes
improvements that encroach into the SFHA, the applicant shall demonstrate
that adverse impacts to existing and anticipated future development are
avoided or mitigated by providing the following information:
1. Engineered grading plan.
2. Floodplain encroachment analysis certified by a registered professional
civil engineer that identifies the cumulative impacts of the proposed
encroachments, including fill and new construction, on the flooding
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source (i.e. stream) and all associated insurable structures, on the
SFHA boundaries, BFE, and regulatory floodway, if applicable.
3. CLOMR from FEMA.
E. Where base flood elevation data has not been provided or is not available from
another authorized source, the applicant shall provide a hydriologic and
hydraulic engineering analysis that generates base flood elevations for all
subdivision proposals and other proposed developments, at least one acre or
fifty four lots in size (whichever is less).
E. New development and subdivisions shall have public utilities and facilities
such as sewer, gas, electric and water systems located and constructed to
minimize flood damage.
F. Onsite waste disposal systems shall be located and constructed to avoid
functional impairment or contamination from them during flooding prohibited.
G. Subdivisions and manufactured home parks shall have adequate drainage
provided to reduce exposure to flood hazards as provided in Section 8.24.240.
In AO and AH zones, drainage paths shall be provided to guide floodwater
around and away from all proposed and existing structures.
8.24.200 Specific additional standards for shallow flooding areas. Development in
Regulatory Floodways
Shallow flooding areas appear on FIRMs as AO or AH zones with depth designations. The
base flood depths in these zones range from one to three feet above ground where a clearly
defined channel does not exist, or where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is usually characterized as sheet flow. In the
shallow flooding areas, the following provisions apply:
A. New construction and substantial improvements of residential structures and manufactured
homes within areas of shallow flooding shall have the lowest floor (including basement) elevated
above the existing highest grade (within ten feet of the existing or proposed building), one foot
or more above the depth number specified on the FIRM, or at least two feet if no depth number
is specified.
B. New construction and substantial improvements of nonresidential structures within areas of
shallow flooding shall either:
1. Have the lowest floor (including basement) elevated above the existing highest
grade (within ten feet of the existing or proposed building), one foot or more above the
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depth number specified on the FIRM, or at least two feet if no depth number is
specified; or
2. Together with attendant utility and sanitary facilities, be completely floodproofed to or
above that level so that any space below that level is watertight with walls impermeable
to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is
used, compliance shall be certified by an Oregon registered professional engineer or
architect.
C. Require adequate drainage paths around structures on slopes to guide flood waters around
and away from proposed structures.
D. Recreational vehicles placed on sites within areas of shallow flooding shall either:
1. Be fully licensed and ready for highway use; is on its wheels or jacking system; is
attached to the site only by quick disconnect type utilities and security devices; and has
no permanently attached additions; or
2. Meet the requirements of Section 8.24.180(C) of this chapter and the elevation and
anchoring requirements for manufactured homes stated in Section 8.24.170 of this
chapter. (Ord. 1767 §1(part), 1997).
Located within areas of special flood hazard established in Section 8.24.070 of this
chapter are areas designated as regulatory floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters, which carry debris,
potential projectiles, and erosion potential, development will not normally be allowed
within the floodway. However, if development is allowed within the floodway by the
floodplain administrator or designee, the following provisions shall apply:
A. Except as provided in Section 8.24.200(E) and (F), encroachments including
fill, new construction, substantial improvements, and other development are
prohibited unless certification by a registered professional civil engineer is
provided demonstrating through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that such encroachment
shall not result in any increase in flood levels during the occurrence of the
base flood discharge;
B. Provided that the conditions in Paragraph (A) are met, the following additional
provisions shall apply:
1. Floodplain development construction standards provided in Sections
8.24.250 and 260 are met;
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2. Any fill allowed to be placed in the floodway shall be designed to be
stable under conditions of flooding, including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and flood related
erosion and scour.
3. No manufactured dwelling shall be placed in a floodway except in an
existing mobile home park or an existing mobile home subdivision, as
conditionally approved by the local administrator or designee in
consideration of the conditions of Section 2.24.250(G);
C. The following activites are prohibited in the regulatory floodway:
1. Fences and walls as provided in Section 17.57.030(A) and Section
8.24.260(A)(1); and,
2. Accessory structures as provided in Section 8.24.250(I).
D. In limited circumstances encroachments associated with functionally
dependent uses (i.e. bridges, roads, culverts); historic structure
reconstruction, restoration and rehabilitation; and, stream restoration projects
as provided in Section 8.24.200(F) and 8.24.270(B)(2)(vi), that cause an
increase to the base flood elevation are allowed provided that the applicant
demostrate that no other alternative is available. In such circumstances,
applicants shall obtain a CLOMR from FEMA before an encroachment,
including fill, new construction, substantial improvement, and other
development in the floodway is permitted that will cause any increase in the
BFE, unless the development causes a temporary encroachment and
conditions in Paragraph (E) of this Section and the floodplain development
construction standards provided in Section 8.24.250 and 260 are satisfied;
E. Temporary encroachments in the regulatory floodway for the purposes of
capital improvement projects, including bridges and culverts, shall be allowed
even if the encroachment results in an increase in flood levels during the
occurrence of the base flood discharge, and without obtaining a CLOMR when:
1. The project is limited as to duration with the days and dates that the
structure or other development will be in the regulatory floodway, as
specified in the floodplain development permit;
2. Accessory structures (i.e. construction trailers) are restricted from the
regulatory floodway;
3. The project limits placement of equipment and material in the regulatory
floodway to that which is absolutely necessary for the purposes of the
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project. Justification that demonstrates compliance with this
requirement will be documented by the applicant in the required
floodplain development permit application submittal documentation;
4. The applicant identifies any insurable structures affected by temporary
changes to the area of special flood hazard or BFE and notifies owners
of any increased risk of flooding. Documentation demonstrating
compliance with this provision shall be provided to the City as part of
the floodplain development application; and,
5. The project applicant is provided with written notification that they may
be liable for any flood damages resulting from the temporary
encroachment.
F. Projects for stream habitat restoration may be permitted in the floodway
provided:
1. The project qualifies for a Department of the Army, Portland District
Regional General Permit for Stream Habitat Restoration (NWP-2007-
1023);
2. A qualified professional (a Registered Professional Engineer; or staff of
NRCS; the county; or fisheries, natural resources or water resources
agencies) as provided a feasibility analysis and certification that project
was designed to keep any rise in the base flood levels as close to zero
as practically possible given the goals of the project;
3. No structures would be impacted by a potential rise in the flood
elevation; and,
4. An agreement to monitor the project, correct problems and ensure that
flood carrying capacity remains unchanged is included as part of the
local floodplain development approval.
8.24.210 Development in Zones with Base Flood Elevations but No Regulatory Floodway
A. In areas with Zones A1-30 and AE on the community’s FIRM with a base flood
elevation, or where a base flood elevation is developed according to Section
8.24.190(D), but where no regulatory floodway has been designated, new
construction, substantial improvements, or other development (including fill)
shall be prohibited unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
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development, will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
B. Applicants of proposed projects that increase the BFE more than one foot
shall obtain from FEMA a CLOMR before the project is permitted, as provided
in Section 8.24.170.
8.24.220 Development in Zones without Base Flood Elevations
The following standards apply in riverine areas of special flood hazard where no BFE
data have been provided (approximate A Zones):
A. When base flood elevation or floodway data have not been identified by FEMA
in a FIS and/or FIRM, the floodplain administrator shall obtain, review, and
reasonably utilize scientific or historic base flood elevation and floodway data
available from a federal, state, or other source, in order to administer this
ordinance. If BFEs or other engineering data are not available from an
authoritative source, the applicant shall develop base flood elevations in
accordance with Section 8.24.190(E) or subsection (C) below shall apply.
B. In special flood hazard areas without base flood elevation data,
1. No encroachments, including structures or fill, shall be located in an
area of special flood hazard within an area equal to the width of the
stream or fifty feet, whichever is greater, measured from the ordinary
high water mark, unless a base flood elevation is developed by a
licensed professional engineer; or,
2. The lowest floor of any insurable building or structure, including
manufactured dwellings, shall be elevated a minimum of three feet
above the highest adjacent grade.
8.24.230 Stream Setback Requirements
Stream setbacks mitigate future flood losses by providing flood storage, enhancing
channel stability, and buffering structures and other development from migrating stream
channels. In addition, the stream setback establishes riparian buffer areas that provide
opportunities for natural stormwater treatment, increased habitat for fish and wildlife
species and increased opportunities for recreation and wildlife viewing. The stream
setback shall apply to all streams in all Central Point zoning districts, provided that the
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setback does not apply to the Jackson Creek Overbank regulatory floodway delineated
on the effective FIRM, in accordance with the provisions provided in Section 17.60.090.
8.24.240 Drainage Provisions
Adequate drainage paths shall be provided around structures on slopes to guide flood
waters around and away from proposed and existing structures, subject to the following
criteria:
A. To the greatest extent possible, surface water runoff should be treated on-site
using low impact development practices, such as rain gardens; and,
B. Surface water runoff that is not treated onsite using low impact development
practices shall rain to an approved storm drain facility as provided in the
Public Works Standard Specifications.
8.24.250 Floodplain Development Standards for Construction
A. Anchoring
1. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over-the-top or frame ties to
ground anchors (refer to FEMA’s “Manufactured Home Installation in
Flood Hazard Areas” guidebook for additional techniques and details).
B. Construction Materials and Methods
1. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be elevated above the base
flood elevation and/or designed or located to prevent water from
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entering or accumulating within the components during conditions of
flooding.
Refer to FEMA Technical Bullet 02-08 for more information about the
flood resistant materials requirement.
C. Utilities
1. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to
mitigate or eliminate infiltration of flood waters into the system and
discharge from the system into flood waters.
3. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding consistent with the
Oregon Department of Environmental Quality.
4. Storm drain systems shall be designed to adequately and completely
drain all flood waters, when the flood levels diminish at the point of
discharge. Discharge ends of storm drain systems shall be equipped
suitable devices which prevent the backflow of flood waters up through
the storm drain collection and conveyance system.
Refer to FEMA Publication No. 348, “Protecting Building Utilities from
Flood Damage” for more information about flood resistant utilities
design and construction.
D. Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the special flood hazard area. Construction of new critical facilities shall
be permissible within the special flood hazard area if no feasible alternative site is
available. Critical facilities constructed within the special flood hazard area shall
have the lowest floor elevated three feet above the BFE or base depth, or to the height
of the 0.2 percent (500-year) flood level, whichever is higher. Access to and from the
critical facility shall be protected to the height utilized above. Floodproofing and
sealing measures must be taken to ensure that toxic substances or priority organic
pollutants as defined by the Oregon Department of Environmental Quality will not be
displaced by or released into floodwaters.
E. Residential Construction
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1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated at
least one foot above the BFE or base depth; or, if no base depth is
specified in an area of shallow flooding (Flood Zones AO and AH), shall
be elevated at least two feet above the highest adjacent grade.
2. 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 flood waters. Designs for meeting this requirement must be
either certified by an Oregon registered professional engineer or
architect and must meet or exceed the following minimum criteria:
a. 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 beprovided in accordance with the
following additional requirements:
i. Opening area must be located below the base flood
elevation to satisfy this requirement;
ii. Openings must be at least 3-inches wide. This
requirement applies to the hole in the wall, exclusing any
device that may be inserted such as a typical foundation
air vent device, mesh screens and hardware cloth;
iii. The bottom of all openings shall be no higher than 12-
inches above the adjacent grade;
iv. Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
3. Below-grade crawlspace foundations are allowed where base flood
elevation data are available, provided that they conform to guidelines
provided in FEMA Technical Bulletin 11, Crawlspace Construction for
Structures Located in Special Flood Hazard Areas, building codes and
the below-grade crawlspace provisions set forth in Section 8.24.250(J).
F. Non-residential Construction
New construction and substantial improvement of any commercial, industrial, or
other non-residential structure shall either have the lowest floor, including basement,
elevated at least one foot above the BFE or base depth; or, if no base depth is
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specified in an area of shallow flooding, shall be elevated at least two feet above
grade; and together with attendant utility and sanitary facilities shall:
1. Be floodproofed so that structures below one foot above base flood
level, as specified above, are watertight with walls impermeable to the
passage of water;
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by an Oregon 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 written certifications shall be
provided to the floodplain administrator or designee as set forth in
Section 8.24.130 (L) of this chapter; and,
4. Non-residential structures that are elevated and not floodproofed must
meet the same standards for space below the lowest floor as described
in Section 8.24.250(E)(2) and (3).
G. Manufactured Dwellings
In addition to Paragraphs A and B of this Section, new, replacement and substantially
improved manufactured dwellings are subject to the following standards:
1. Manufactured dwellings shall be elevated on a permanent foundation,
such that the lowest floor of the manufactured home is elevated a
minimum of 18-inches above the BFE;
2. Manufactured dwellings supported on solid foundation walls with
enclosed areas below the Base Flood Elevation are prohibited unless
the foundation walls are designed to automatically equalize hydrostatic
forces by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must be certified by a registered professional
engineer or architect, or meet or exceed the minimum criteria set forth
in Section 8.24.250(E)(2)(a) through (c);
3. The bottom of the longitudinal chassis frame beam in A zones shall be
at least 12-inches above the BFE;
4. The manufactured dwelling shall be anchored to prevent flotation,
collapse and lateral movement during the base flood. Anchoring
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methods may include, but are not limited to, use of over-the-top or
frame ties to ground anchors; and,
5. Electrical crossover connections shall be a minimum of 12-inches
above the BFE.
Refer to FEMA’s Manufactured Home Installation in Flood Hazard Areas
guidebook for additional information.
H. Recreational Vehicles
In all areas of Special Flood Hazard, Recreational Vehicles that are an allowed use or
structure under the zoning ordinance must either:
1. Be placed on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; is on its wheels or jacking
system; is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions; or
3. Meet the requirements of Section 8.24.250(G), Manufactured Dwellings,
and including the elevation and anchoring requirements. (Ord. 1767
§1(part), 1997).
I. Accessory Structures
Relief from the elevation or dry flood-proofing standards may be granted for an
accessory structure containing no more than 200 square feet. Such a structure must
meet the following standards:
1. Be located and constructed to minimize flood damage;
2. Be designed so as to not impede flow of flood waters under base flood
conditions;
3. If located in a regulatory Floodway, shall meet the provisions set forth
in Section 8.24.200 Are prohibited in the regulatory floodway.
4. It shall not be used for human habitation and may be used solely for
parking of vehicles or storage of items having low damage potential
when submerged;
4. Toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality shall not
be stored below BFE, or where no BFE is available lower than three feet
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above grade, unless confined in a tank installed in compliance with this
ordinance;
5. Be constructed of flood resistant materials;
7. Be firmly anchored to prevent flotation;
8. Have electrical service and/or mechanical equipment elevated or flood-
proofed to or above the base flood elevation, and;
9. Be designed to equalize hydrostatic flood forces on exterior walls by
allowing for the automatic entry and exit of floodwater. Designs for
complying with this requirement must be certified by a licensed
professional engineer or architect or meet the minimum design criteria
set forth in Section 8.24.250(E)(2)(a) through (c).
J. Below-grade Crawlspaces
Below-grade crawlspaces are allowed subject to the following standards as found in
FEMA Technical Bulletin 11, Crawlspace Construction for Buildings Located in
Special Flood Hazard Areas. Residents should note that there is an increased cost
for flood insurance associated with below-grade crawlspaces. There is a charge
added to the basic policy premium for a below-grade crawlspace versus a standard,
at grade, crawlspace foundation.
1. The building must be designed and adequately anchored to resist
flotation, collapse, and lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Hydrostatic loads and the effects of buoyancy can usually be addressed
through the required openings stated in Sections 8.24.250 (E)(2).
Because of hydrodynamic loads, crawlspace construction is not
allowed in areas with flood velocities greater than five feet per second
unless the design is reviewed by a qualified design professional, such
as a registered architect or professional engineer. Other types of
foundations are recommended for these areas.
2. The crawlspace is an enclosed area below the BFE and, as such, must
have openings that equalize hydrostatic pressures by allowing the
automatic entry and exit of floodwaters. The bottom of each flood vent
opening can be no more than one foot above the lowest adjacent
exterior grade.
3. Portions of the building below the BFE must be constructed with
materials resistant to flood damage. This includes not only the
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foundation walls of the crawlspace used to elevate the building, but
also any joists, insulation, or other materials that extend below the BFE.
The recommended construction practice is to elevate the bottom of
joists and all insulation above BFE.
4. Any building utility systems within the crawlspace must be elevated
above BFE or designed so that floodwaters cannot enter or accumulate
within the system components during flood conditions. Ductwork, in
particular must either be placed above the BFE or sealed from
floodwaters.
5. The interior grade of a crawlspace below the BFE must not be more
than two feet below the lowest adjacent exterior grade.
6. The height of the below-grade crawlspace, measured from the interior
grade of the crawlspace to the top of the crawlspace foundation wall
must not exceed four feet at any point. The height limitation is the
maximum allowable unsupported wall height according to the
engineering analyses and building code requirements for flood hazard
areas.
Diagram 1. Requirements regarding below-grade crawlspace construction.
7. There must be an adequate drainage system that removes floodwaters
from the interior area of the crawlspace. The enclosed area should be
drained within a reasonable time after a flood event. The type of
drainage system will vary because of the site gradient and other
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drainage characteristics, such as soil types. Possible options include
natural drainage through porous, well-drained soils and drainage
systems such as perforated pipes, drainage tiles or gravel or crushed
stone drainage by gravity or mechanical means.
8. The velocity of floodwaters at the site should not exceed five feet per
second for any crawlspace. For velocities in excess of five feet per
second, other foundation types should be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
8.24.260 Other Development
A. Fences and Walls
Fencing within the floodplain occurs frequently and can significantly increase flood
elevation. This is due to the fences collecting debris and effectively creating a dam.
Limited fencing will be allowed within the floodplain; provided, that it does not create
flow restrictions and allow for the free flow of water. The following provisions shall
apply to all fences permitted in the SFHA:
1. Fences are prohibited within the stream setback area on lots platted
after the effective date of this ordinance. Fences may be permitted in
the stream setback area established pursuant to Section 17.60.090 on
lots platted prior to the effective date of this ordinance provided that
requirements provided below are satisfied:
a. Fences in the regulatory Floodway are prohibited;
b. Fences are setback a minimum of 5-feet from the top-of-bank;
c. Gates that are installed between properties that border a creek
shall be of a width no less than twelve feet.
d. Fencing must be built in removable sections;
e. Fencing that consists of solid walls, creates a barrier impervious
to stream flow or fencing that greatly restricts the flow of water is
prohibited.
f. Gates installed between properties that border a creek shall have
a minimum width of 12-feet.
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g. Such fences, if significantly damaged or destroyed by a flood
shall require a floodplain development permit pursuant to Section
8.24.130 and subsection (2) below to ensure that reconstruction
methods are consistent with the need to minimize future flood
damages.
2. Fences are a form of development and require a floodplain development
permit pursuant to Section 8.24.090. Evaluation of floodplain
development permit applications for proposed fences will be based on
the following criteria:
a. Barbed wire fencing or other like material, which creates an
unreasonable or unnecessary risk of injury are prohibited.
b. Fences shall not be allowed within the special stream setback
set forth in Section 8.24.230 and Section 17.60.090 unless the
requirements provided in Chapter 8.24.260(A)(1) are satisified.
c. Fencing shall be limited to the types that do not greatly restrict
the passage of water or cause the accumulation of debris, as
provided in the table below.
3. The city may, at any time, for any reason, require removal of any fence
placed in the stream setback area, with no compensation to the owner
for the value of the fence. If removal is not accomplished by the owner
within thirty days after city’s written request thereof, city may affect
removal and disposal, and assess the property for the costs thereof in
the same manner as set forth in Section 8.08.030 of this code.
4. If existing circumstances make it reasonably necessary for city to
remove a fence in the stream setback area without giving the property
owner advance notice and an opportunity to remove the fence, city may
affect removal and disposal, and assess the property for the costs
thereof in the same manner as set forth in Section 8.08.030 of this code,
the same as if the property owner had failed to remove the fence after
due notice.
5. The city shall not, under any circumstances, be responsible for any
damage resulting from city’s removal of any fence placed in the stream
setback area, whether such damage is to a fence, landscaping,
underground sprinklers, any building or structure, loss of a pet, damage
caused by a loose pet, or any other damage whatsoever, including
personal injury. (Ord. 1846 §2(part), 2003).
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Table 1 - Fence Evaluation Criteria
Fence or
Wall Type
Floodway Fringe Regulatory Floodway Shallow/Sheetflow/Ponding
Zones
A No No No
B Yes No Yes
C Design review requiredi
D Yes, if open at base to
BFE
No Yes, if open at base to BFE
E Yes, if open at base to BFE No Yes, if open at base to BFE
F Yes, if adequate
openings at base to BFE
No Yes, if adequate openings
at base to BFE
G Yes, if adequate
openings at base to BFE
No Yes, if adequate openings
at base to BFE
H Yes, if adequate
openings at base to BFE
No Yes, if adequate openings
at base to BFE
i Ensure fence will collapse under anticipated base flood conditions. Debris impacts
must be considered.
Fence/Wall Types:
A Open barb or barbless wire. Open means no more than one horizontal strand
per foot of height.
B Open pipe or rail fencing (e.g. corrals). Open means rails occupy less than
10% of the fence area and posts are spaced no closer than 8-feet apart.
C Collapsible fencing.
D Other wire, pipe or rail fencing (e.g. field fence, chicken wire, etc.) which does
not meet open requirements above.
E Chain link fencing
F Continuous wood fencing
G Masonry walls
H Retaining walls, bulkheads
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B. Tanks
1. New and replacement tanks in flood hazard areas shall be either
elevated above the BFE on a supporting structure designed to prevent
flotation, collapse or lateral movement during conditions of the base
flood, or be anchored to prevent flotation, collapse or lateral movement
resulting from hydrostatic loads, including the effects of buoyancy
assuming the tank is empty, during conditions of the base flood.
Designs for meeting the requirements above shall be certified by a
registered professional engineer. The certification shall be maintained
on file with the floodplain development permit as provided in Section
8.24.130(M).
2. New and replacement tank inlets, fill openings, outlets and vents shall
be placed a minimum of two feet above the BFE or fitted with covers
designed to prevent the inflow of floodwater or outflow of the contents
of the tank during conditions of the base flood.
8.24.270 Interpretations and Variance
This section provides criteria and procedures for interpretations and variances to the
application of provisions established in this chapter.
A. Interpretations. Requests for interpretation of the provisions of Section 8.24,
Flood Damage Prevention shall be made in writing to the floodplain
administrator in accordance with the interpretation provisions set forth in
Section 17.11 of the Central Point Municipal Code.
1. It shall be the applicant’s responsibility to provide sufficient scientific
or technical documentation to support any appeals of the floodplain
administrator’s interpretation of Chapter 8.24, Flood Damage
Prevention, filed in accordance with Section 17.11.200(E).
B. Variances. Exceptions to the standards and criteria of Section 8.24, Flood
Damage Prevention shall be made in writing to the floodplain administrator on
the form provided by the city and include, at a minimum, the same information
required for a floodplain development permit, a written explanation for the
basis of the variance request and any necessary documentation to show the
variance is warranted and meets the criteria established in subsection (2)
below.
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1. Procedural Requirements. Variances shall be subject to the procedural
requirements set forth in Section 17.05.400 for a Type III (quasi-judicial)
Review Procedure.
2. Variance Criteria. The city shall approve, approve with conditions, or
deny an application for a variance based on the following criteria:
i. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would
result;
ii. Generally, the only condition under which a variance from the
elevation standard may be issued is for new construction and
substantial improvements to be erected on a lot of one-half acre
or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing items (a-j) in Section 8.24.270(I) have been fully
considered. As the lot size increases, the technical justification
required for issuing the variance increases;
iii. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief;
iv. Variances shall only be issued upon a:
a. Showing of good and sufficient cause;
b. Determination that failure to grant the variance would
result in exceptional hardship to the applicant; and,
c. Determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create public
nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
v. Variances may be issued for a water dependent use provided
that the structure or other development is protected by methods
that minimize flood damages during the base flood and create no
additional threats to public safety.
vi. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of
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Historic Places or the Statewide Inventory of Historic Properties,
without regard to the procedures set forth in this section.
vii. Variances as interpreted in the National Flood Insurance
Program are based on the general zoning law principle that they
pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants’
economic or financial circumstances. They primarily address
small lots in densely populated residential neighborhoods. As
such, variances from the flood elevations should be quite rare.
viii. Variances may be issued for non-residential buildings in very
limited circumstances to allow a lesser degree of floodproofing
than watertight or dry-floodproofing, where it can be determined
that such action will have low damage potential, complies with
all other variance criteria and otherwise complies with the
building codes.
ix. In passing upon such applications, the City shall consider all
technical evaluations, all relevant factors, standards specified in
other sections of this ordinance and the:
a. Danger that materials may be swept onto other lands to
the injury of others;
b. Danger to life and property due to flooding or erosion
damage;
c. Susceptibility of the proposed facility and its contents to
flood damage on the individual owner;
d. Importance of the services provided by the proposed
facility to the community;
e. Necessity to the facility of a waterfront location, where
applicable;
f. Availability of alternative locations for the proposed use,
which are not subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and
anticipated development;
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h. The relationship of the proposed use to the
comprehensive plan and floodplain management program
for that area;
i. Safety of access to the property in times of flood for
ordinary and emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of
wave action, if applicable, expected at the site; and,
k. Costs of providing governmental services during and
after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water systems, as well as streets and
bridges.
8.24.280 Penalties for Non-Compliance
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this ordinance by failure to comply with any
of its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Each and every day during
any portion of which any violation this Chapter is committed, continued or permitted by
any person constitutes a separate violation. Any person who violates this chapter or
fails to comply with any of its requirements shall upon conviction thereof be fined not
more than $250 per day or imprisoned for not more than 5 days, or both, for each
violation and in addition shall pay all costs and expenses involved in the case. Each day
that passes constitutes a separate offense. Nothing contained in this chapter shall
prevent city from taking such other lawful action as is necessary to prevent or remedy
any violation. (Ord. 1767 §1(part), 1997).
8.24.290 Severability
The ordinance is hereby declared to be severable. Should any portion of this ordinance
be declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
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8.24.300 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
state building code, easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail. (Ord. 1767 §1(part),
1997).
Passed by the City Council and signed by me in authentication of its passage this
_______ day of ____________, 2011.
__________________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Approved by me this ________________ day of ___________________, 2011
___________________________________
Mayor Hank Williams
Page 78
Ordinance
First Reading
Amending Chapter
17.57 pertaining to
Fences
Page 79
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: MARCH 1, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: First reading on an update to Chapter 17.57, Fences. The amended ordinance is coordinated with
the adoption of new Flood Insurance Rate Maps (FIRM) which will go into effect on May 3, 2011. The
amendments will bring our ordinance into compliance with state and national requirements. BACKGROUND:
Revisions to CPMC 17.57, Fences. Fence revisions were made to relocate specific fence construction
standards for fences in the SFHA to Chapter 8.24, Section 260, and Subpart A. Although substantially
unaltered, a change was made to prevent fence construction within the stream setback area established
in Section 17.60.090 on lots platted after the effective date of these proposed ordinance revisions. This
provision aims to achieve compliance with state and Federal water quality standards and to reserve
conveyance and flood storage areas in an effort to buffer future development from costly flood
damages.
RECOMMENDATION: Approve the first reading of amendments to ordinance 17.57, Fences.
Parks & Public Work Department
Matt Samitore, Director
Stephanie Holtey, Floodplain Coord.
Page 80
Ordinance No. ___________ (031011)
ORDINANCE NO. _______
AN ORDINANCE AMENDING SECTIONS 17.57.020, 17.57.030 AND 17.57.040 OF THE
CENTRAL POINT MUNICIPAL CODE REGARDING FENCES WITHIN FLOODPLAIN
Recitals:
A Pursuant to the requirements set forth in CPMC Section 17.075, the City has conducted
the following duly advertised public hearings to consider proposed amendments:
1. Planning Commission hearing on February 1, 2011.
2. City Council hearing on March 10, 2011.
B. At the public hearing on March 10, 2011, the City Council reviewed the staff report,
received the findings of the Central Point Planning Commission, and received public testimony from all interested persons. Based upon all of the information received, the City Council adopts
the findings and conclusions set forth in the staff report dated March 10, 2011, and based upon the same, the City Council finds that there is sufficient public need and justification for the proposed text amendments.
C. The revisions to this ordinance are being made to bring the code into compliance with the state model code for development within the Special Flood Hazard Area (SFHA), more commonly referred to as the 100-year floodplain.
C. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et. Seq. upon adoption of the changes to the municipal code.
D. Words lined through in the following ordinance are to be deleted and words in bold are
added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section1. Section 17.57.020 of the Central Point Municipal Code is amended to read:
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within the one-hundred-year floodplain, defined by the local Flood Insurance Rate Maps (FIRMs) and for all fences
contructed within a public right-of-way, per Section 12.20.020. Fences in the floodplain are regulated in accordance with the provisions established in Section 8.24.260(A) of the municipal code.
B. Building Permits. A building permit for the following structures shall be accompanied by a
permit fee and a plan review fee in an amount based on valuation per the building department fee schedule as adopted by the city:
Page 81
Ordinance No. ___________ (031011)
1. Barriers around swimming pools, as required by the 2003 State of Oregon Dwelling Specialty Code, Chapter 41 and Appendix G; and the 1998 Oregon Structural Specialty
Code, Appendix Chapter 4;
2. Fences over six feet tall;
3. Masonry walls;
4. Retaining walls over four feet in height measured from the bottom of the footing to the top of the wall; and
5. Retaining walls, any height, supporting a surcharge.
C. Setbacks and Design Criteria.
Fence Regulations
R-L R-1 R-2 R-3 C-N C-2(M) C-4 C-5 M-1 M-2
Fence Permit Required
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
a,
a-1
Front Yard Setback For 6’
Fence
20’
b
20’
b
20’
b
20’
b
20’
b
20’
b
20’
b
20’
b
20’
b
20’
b
Side Yard Setback 5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’ 5’
Rear Yard
Setback 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’ 0’
Corner Lot 10’
c
10’
c
10’
c
10’
c
10’
c
10’
c
10’
c
10’
c
10’
c
10’
c
Masonry Walls, Retaining Walls,
Fences Over 6’ in Height
e e e e e e e e e e
Chain Link
Fencing, Space-Board-Type Fencing, etc.
e e e e e e e e e e
Setbacks for Gates 20’ 20’ 20’ 20’ 20’ 20’ 20’ 20’ 20’ 20’
Variances f f f f f f f f f f
a: A fence permit is required if fence is to be constructed in public right-of-way.
a-1: A building permit is required for fencing around swimming pools, fences over six feet in height, masonry walls and retaining walls.
*b: Forty-two-inch-high maximum fences allowed within front setback area.
Page 82
Ordinance No. ___________ (031011)
*c: No fencing will conflict with the sight distance requirements set by the public works department.
*d: Fence height will be measured from the finished grade on the side nearest the street.
e: Requests for variances shall be made by application on such form as designated by the city administrator and will be reviewed in accordance with Chapter 17.05.
(Ord. 1846 §2(part), 2003).
Section 2. Section 17.57.030 of the Central Point Municipal Code is amended to read:
17.57.030 Fences in the stream setback area.
A. Fences are prohibited inside a floodways as designated on the Federal Insurance Rate
Maps (FIRMs) for the city of Central Point. However, some types of fences and other improvements can be allowed within the recommended building setbacks for properties
abutting a stream as long as they meet the following criteria: subject to the criteria set
forth in Section 8.24.260(A) of the Central Point Municipal Code.
1. A setback of five feet from the top of the stream bank is required for all fencing. This
allows for periodic inspection of the creek channel by the city.
2. Gates that are installed between properties that border a creek shall be of a width no less than twelve feet.
3. Irrigation systems constructed inside a floodway should be designed to allow for
public works vehicles to navigate in the setback area.
4. Irrigation systems, fencing or other objects and improvements that are damaged in a
flood event within the city of Central Point’s jurisdiction will not be replaced by the city.
B. Prohibition of Fencing in the Stream Setback Area--Discussion. Fencing within the
floodplain occurs frequently and can significantly increase flood elevation. This is due to the fences collecting debris and effectively creating a dam. Limited fencing will be allowed within the floodplain; provided, that it does not create flow restrictions and allow
for the free flow of water. The policies will not apply to agricultural or agricultural/residential parcels greater than five acres, except where flood elevations are
significantly impacted.
C. Prohibition of Fencing in the Stream Setback Area--Policies.
1. Fencing will be prohibited within the floodway of a watercourse. Open fencing
parallel to the flow direction may be allowed within the stream setback area on a
case-by-case basis.
2. Fencing built within the stream setback area must be built in removable sections.
Maximum width per section shall be no wider than eight feet.
3. Fencing that consists of solid walls, creates a barrier impervious to stream flow or fencing that greatly restricts the passage of water will not be allowed.
4. Fencing outside the floodway but within the conveyance area of a watercourse will
be restricted to the least flow-restrictive types of open fencing.
5. Fencing outside the conveyance area of a watercourse but within the one-hundred-
year floodplain will be restricted to fencing that allows the passage of water.
Page 83
Ordinance No. ___________ (031011)
6. The city may, at any time, for any reason, require removal of any fence placed in the stream setback area, with no compensation to the owner for the value of the fence. If
removal is not accomplished by the owner within thirty days after city’s written
request therefor, city may effect removal and disposal, and assess the property for the costs thereof in the same manner as set forth in Section 8.08.030 of this code.
7. If existing circumstances make it reasonably necessary for city to remove a fence in the stream setback area without giving the property owner advance notice and an opportunity to remove the fence, city may effect removal and disposal, and assess
the property for the costs thereof in the same manner as set forth in Section 8.08.030 of this code, the same as if the property owner had failed to remove the fence after
due notice.
8. The city shall not, under circumstances, be responsible for any damage resulting from city’s removal of any fence placed in the stream setback area, whether such
damage is to a fence, landscaping, underground sprinklers, any building or structure,
loss of a pet, damage caused by a loose pet, or any other damage whatsoever, including personal injury. (Ord. 1846 §2(part), 2003).
Section3. Section 17.57.040 of the Central Point Municipal Code is amended to read:
17.57.040 Prohibited fence types.
A. Barbed wire fencing or other like material, which creates an unreasonable or unnecessary risk of injury.
B. Block or retaining walls, which create impervious water barriers within a stream setback area as provided in Section 8.24.260. (Ord. 1846 §2(part), 2003).
Passed by the City Council and signed by me in authentication of its passage this _______ day of ____________, 2011.
__________________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Page 84
Ordinance
First Reading
Amending Fire Lane
Requirements
Page 85
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: FEBRUARY 23, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: The Public Works Division would like to amend the fire lane ordinance to be more
compliant with the current fire code in regards to signage, painting and markings.
SUMMARY: Public Works and the Police Department have been working with Fire District No. 3 to
enforce fire lanes throughout Central Point. The current ordinance requires signage, curb markings
and street markings on all fire lanes. In order for police to enforce the code all three have to be in
place. The fire code only requires signage. Additionally, on the few streets where we have put in
curb and street markings we have heard very negatively from our residents.
The amended code requires signs as well as painted curbs, either red or yellow. Street markings
are optional if there are no curbs present on the street.
RECOMMENDED MOTION: Approve the revisions for a second reading.
Parks & Public Work Department
Matt Samitore, Director
Page 86
ORDINANCE NO. _______________
AN ORDINANCE AMENDING CHAPTER 10.05.040 FIRE LANES
Recital: Words lined through in the following ordinance are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Section 10.05.040 of the Central Point Municipal Code is amended to read:
10.05.040 Signs and Markings.
A. Upon establishment of the fire lane, the building owner shall cause to be erected adequate
signs, markings, or other traffic control devices to be installed as directed by the city of Central
Point and Fire District No. 3 in order to inform persons to keep such fire lanes free and open for
passage. Sign locations shall be in compliance with the latest version of the Oregon Fire
Code.
B. Signs shall read "FIRE LANE--NO PARKING" and "TOW AWAY ZONE," be at least
twelve inches wide and eighteen inches high, and painted on a white background with letters and
borders in red, using not less than two-inch lettering. Signs may be installed on permanent
buildings or walls or be permanently affixed to a stationary post, installed seven feet above the
finished grade, and be spaced not more than one hundred feet apart.
C. Curbs shall be installed and painted either using red and white or yellow traffic paint. If
curbs cannot be installed, pavement markings shall be installed on the fire lane. The
boundaries of the fire lane shall be identified by red stripes at least six inches wide. The words
"FIRE LANE--NO PARKING--TOW AWAY ZONE" shall appear in four-inch white letters on
the fire lane. at twenty-five-foot alternating intervals on the red border markings.
D. Curb markings shall be painted in red traffic paint from the top seam of the curb to a point
even with the driving surface. The words "FIRE LANE--NO PARKING--TOW AWAY ZONE"
shall appear in four-inch letters at twenty-five-foot intervals along the curb.
.
Passed by the City Council and signed by me in authentication of its passage this
_______ day of ____________, 2011.
__________________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Page 87
Business –
Planning
Commission Report
for March 1, 2011
Page 88
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Community Development
Tom Humphrey, AICP
Community Development Director
PLANNING DEPARTMENT MEMORANDUM
Date: March 10, 2011
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
The following applications and/or items were considered by the Planning Commission at their
regularly scheduled meeting on March 1, 2011.
A. Public Hearing: Consideration of a Conditional Use Permit to allow construction
of a municipal water reservoir in an R-2 Two-Family zoning district, File No. 11014. The Planning Commission conducted a public hearing and approved the City of
Central Point’s request for a Conditional Use Permit to allow for the construction of a
three (3) million gallon public water storage reservoir, pump station, and related water
distribution system on 4.57 acres of undeveloped land. The applicant was present and
spoke in support of this proposal and responded to questions raised by the Commission.
The Commission approved the application with the conditions recommended by the
Commission and by staff.
B. Public Hearing: Consideration of a Tentative Plan application for the purpose of
creating a 21 lot, residential subdivision known as Whispering Trees Subdivision, File No. 11015. The Planning Commission conducted a public hearing and approved
the tentative plan application for a 4.5 acre property in an R-2, Residential Two-Family
zoning district. The Applicant proposes Whispering Trees Subdivision as a twenty-one
lot residential subdivision. Although it is the Applicants’ intent to develop the
subdivision for single-family detached use, the R-2 district also allows duplexes. The
subdivision is proposed to be developed in two (2) phases. The applicant and their
agent were present and the agent spoke in support of this proposal. The Commission
approved the application with the conditions recommended by staff.
C. Miscellaneous: Stephanie Simonich, Planning Intern, presented an update on Central
Point’s population and densities, describing historical, current, and expected future
density data. Don Burt, Planning Manager explained how this data could potentially
impact future planning activities specific to land use mix, housing need (type),
population changes, and Redevelopment.
Page 89
Business
5th & Victoria and
North Third
Storm Drain Bid
Page 90
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: FEBRUARY 23, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: 5th & Victoria and North Third Street Storm Drain Bid
SUMMARY: The Bid for the North Fifth, Victoria and Third Street was opened at 2:00 on February 22, 2011. Eleven companies sent in sealed bids. The engineer’s revised estimate for the project was $120,000 to $160,000. This project was identified as the number one storm drain project
because of yearly flooding issues to the residents of this area. The project will start in April to be
completed before the summer thunder storms occur. The low bidder was Visar Construction, at
$121,469, who has a long history of successful projects with the City the latest being a storm drain project on Manzanita and Front Streets and Don Jones Memorial Park. .
RECOMMENDATION: Approve the bid of the North Fifth, North Third and Victoria Way Storm
Drain project to Visar Construction
Parks & Public Work Department
Matt Samitore, Director
Page 91
City of Central Point 5th & Vicotria Storm Drain Improvement Project February 22, 2011 2:00 p.m.COMPANY NAMEBid Amount1 Visar Construction$121,469.002 West Coast Pipeline$126,000.003 Rogue Valley Excavation$131,245.364 Bill’s Backhoe$139,934.005 KOGAP$144,784.006 Pilot Rock Excavation$147,303.007 Pacific Pipeline$149,016.008 Robco Inc$152,240.009 E-Z’s Landscape & Construction$160,000.0010 Ledford Construction$163,002.0011 Knife River Materials$189,976.00Page 92
9 Leadford Construction$10 E-Z’s Landscape & Construction$Page 93