HomeMy WebLinkAboutCAP032411CITY OF CENTRAL POINT
City Council Meeting Agenda
March 24, 2011
Next Res. 1283
Next Ord. No. 1947
I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES
V. CONSENT AGENDA
Pg 2 - 8 A. City Council Minutes from March 10, 2011
9 - 15 B. Approval of 2011 Surplus Property List
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Pgs 17- 48 A. Resolution No. _________, Directing Staff to Take All
Necessary Action to Resolve Health and Safety Issues at
Site of Former Mon Desir Restaurant (Clayton)
50 - 107 B. Second Reading 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
(Samitore/Holtey)
108 - 111 C. Second Reading 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 (Samitore/Holtey)
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
113 - 114 D. Second Reading Ordinance No. ___________, An Ordinance Amending
Chapter 10.05.040 Fire Lanes (Samitore)
116 - 118 E. Resolution No. _________________, A Resolution Updating the Public
Works Standards and Specifications (Samitore/Graves)
120 - 122 F. Resolution No. _____________, Requesting Jurisdictional Exchange of a
Portion of West Vilas Road (Samitore)
VIII. BUSINESS
124 - 128 A. Urban Renewal AdHoc Committee Report (Clayton/Farber)
130 - 137 B. Appointment of Council Member Ward III (Mayor Williams)
139 - 159 C. Appointment of Committee Members (Mayor Williams)
IX. MAYOR’S REPORT
X. CITY ADMINISTRATOR’S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. 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.
XIV. ADJOURNMENT
Consent
Agenda
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CITY OF CENTRAL POINT City Council Meeting Minutes
March 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. SPECIAL PRESENTATIONS
Planning Commission Keith Wangle
Mayor Hank Williams presented a plaque to Keith Wangle, Planning Commission
member from May of 2009 until January of 2011, thanking him for his service to
the community and wishing him well on his move to Europe. Community Development Director Tom Humphrey added that Keith’s environmental
orientation was invaluable to the Planning Commission and also thanked him for serving.
Swearing-In Ceremony for Lieutenants and Master Police Officers Police Chief Jon Zeliff advised Council members that with the restructuring of the
police department, officers have made a great commitment and the department has placed tremendous trust in those who applied for the Master Police Officer program and Lieutenant positions. Officers were then sworn in by the Chief, and
the Mayor and City Council acknowledged the level of commitment that the officers have made to the City and to the community as well. These officers are:
Jeff Britton, Lieutenant; Greg Bruce, Master Police Officer; Randy Clark, Master
Police Officer; David Croft, Lieutenant; Brian Day, Lieutenant; Louis B. Fulmer, Master Police Officer; Scott Logue, Lieutenant; Josh Moulin, Lieutenant; and Bo
Schoen, Master Police Officer.
IV. 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; Assistant City Manager, Chris Clayton; City Attorney, Paul Nolte; Community
Development Director Tom Humphrey; Police Chief Jon Zeliff; Interim Parks and Public Works Director Matt Samitore; Floodplain/Stormwater Coordinator, Stephanie
Holtey; and Planning Secretary Didi Thomas were also present.
V. PUBLIC APPEARANCES - None
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City of Central Point City Council Minutes March 10, 2011
Page 2
VI. CONSENT AGENDA
A. Approval of February 10, 2011 City Council Minutes
B. Approval of Temporary Speed Reduction and Lane Closure for Oregon Cheese Festival on March 19, 2011 C. Acceptance of MPO Report for February, 2011
Matt Stephenson made a motion to approve the Consent Agenda as
presented. Kay Harrison seconded. Roll call: Allen Broderick, yes; Bruce
Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; Matt Stephenson, yes; and Mayor Williams, yes. Motion approved.
VII. ITEMS REMOVED FROM CONSENT AGENDA – None
VIII. PUBLIC HEARINGS, RESOLUTIONS AND ORDINANCES
A. Resolution No. 1282, A Resolution Adopting Fees for Park Use by
Non-Profits and Weddings
Parks and Public Works Director Matt Samitore presented a staff report in
support of a request for an increase in park reservation fees for weddings and use by non-profit groups. A comparative analysis of other cities in the valley was
done of the costs associated with the fees and results showed that Central Point
was well below the other cities. Mr. Samitore clarified that weddings could only take place at Pfaff Park and Twin Creeks Park; special events happened in all
parks.
Matt Stephenson made a motion to approve Resolution No. 1282, a
resolution to adopt revised fees for park use by non-profits and wedding parties as presented. Carol Fischer seconded the motion. Roll call: Bruce Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; Matt
Stephenson, yes; Mayor Williams, yes; and Allen Broderick, yes. Motion approved.
B. First Reading of 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
Matt Samitore, Parks and Public Works Director, introduced Stephanie Holtey, Floodplain/Stormwater Coordinator. Ms. Holtey informed the City Council that
the Federal Emergency Management Agency (FEMA) has prepared a new Flood
Insurance Rate Map which will become effective on May 3, 2011. In order to remain compliant with FEMA flood regulations and the National Flood Insurance
Program, the City must adopt code revisions to Central Point Municipal Code
Chapter 8.24, Flood Damage Prevention.
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City of Central Point City Council Minutes March 10, 2011
Page 3
Once the new map takes effect, lenders and insurance companies will be requiring the purchase of flood insurance by property owners who are located in
the special flood hazard areas. The City has been working with many of these
property owners and assisting them in the acquisition of base flood elevation certificates in order to obtain flood insurance. Ms. Holtey advised that if the insurance is purchased prior to the FIRM map becoming effective and
maintained without a gap in coverage, it would be good forever.
Mrs. Holtey distributed a map to Council members showing a comparison of
1982 high risk zones and the new proposed high risk zones. There are significant changes, Mrs. Holtey pointed out.
A presentation of the proposed code amendments ensued. These amendments, Mrs. Holtey explained, utilized the revised State model code and are consistent
with the State building codes for easier reference and access. New sections have been added to CPMC 8.24 concerning stream setback requirements, drainage provisions, accessory structures, below-grade crawlspaces and fences.
Section 17.57 of the existing code will refer all floodplain fence provisions to CPMC Section 8.24. Definitions have been added for clarity.
Matt Samitore added that environmental compliance will be more strictly enforced. An upfront analysis on new development will be required so as to not
impact existing development. The City is looking at ways to help with mitigation
of dwellings currently located in the floodway. Mrs. Holtey said that this is part of the hazard mitigation program and grant funds will be obtained to help. The
higher standards for people who remain in the floodway will help to reduce their
insurance rates. A spreadsheet was distributed showing the results of how proactive measures can assist those who need the insurance.
Mrs. Holtey continued with her review of the code amendments that are proposed, discussing development in regulatory floodways to include prohibition
of accessory structures, stream setback requirements, new drainage provisions for on-site surface water runoff treatment, and new provisions for below-grade crawlspaces as well.
Several of the councilors complimented Mrs. Holtey on the great job that she has
done preparing the code amendments.
Mayor Williams then opened the public hearing. Steven Lang, resident of 1842
Mary’s Way came forward and asked questions about flood insurance. Mrs.
Holtey stated that the more protected a structure is, the lower the fee would be. She added that there would be an insurance fair at the Medford Armory on March
29, 2011 from 3:00 – 7:00 p.m.and agents would be available to counsel and
answer questions that property owners might have. In addition, Mrs. Holtey clarified that the insurance would be provided by the federal government. In
some cases, an old elevation certificate can’t be used to rate a policy and she
stressed the importance of continuous coverage.
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City of Central Point City Council Minutes March 10, 2011
Page 4
The public hearing was closed.
Matt Stephenson made a motion to move this Ordinance amending section
8.24 of the Central Point Municipal Code regarding flood damage prevention to a second reading. Allen Broderick seconded the motion. Roll
call: Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; Matt Stephenson,
yes; Mayor Williams, yes; Allen Broderick, yes; and Bruce Dingler, yes. Motion approved.
C. First Reading of An Ordinance Amending Sections 17.57.020, 17.57.030 and 17.57.040 of the Central Point Municipal Code
regarding Fences within the Floodplain
Kay Harrison made a motion to move this Ordinance amending sections
17.57.020, 17.57.030 and 17.57.040 of the Central Point Municipal Code regarding fences within a floodplain to a second reading. Kelly Geiger
seconded the motion. Roll call: Kelly Geiger, yes; Kay Harrison, yes; Matt
Stephenson, yes; Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; and Carol Fischer, yes. Motion approved.
D. First Reading of An Ordinance Amending Chapter 10.05.040 Fire Lanes
Matt Samitore advised that the Public Works department has been working with the Police Department and Fire District No. 3 to reach a workable compromise on
enforcement of parking in fire lanes throughout the City. Public Works is
therefore asking that Council amend code to require signs as well as painted curbs (yellow paint is preferable to minimize cost). Mr. Samitore also asked that
the words “Tow Away Zone” be added back in to the ordinance to be placed on
signage in fire lanes.
Matt Stephenson made a motion to move this Ordinance amending section 10.05.040 of the Central Point Municipal Code regarding fire lanes to a
second reading. Kay Harrison seconded the motion. Roll call: Kay Harrison,
yes; Matt Stephenson, yes; Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; and Kelly Geiger, yes. Motion approved.
IX. BUSINESS
A. Planning Commission Report Tom Humphrey presented the Planning Commission report for the meeting that
was held on March 1, 2011. Mr. Humphrey explained that there had been two
public hearings, one on a conditional use permit for a three million gallon municipal water storage reservoir and another on tentative plan approval for a
21-lot subdivision. Both were approved by the Planning Commission. In
addition, Mr. Humphrey reported that Matt Samitore of the Public Works department had provided an update on revisions to the flood damage prevention
Page 5 3/24
City of Central Point City Council Minutes March 10, 2011
Page 5
and hazard mitigation ordinance amendments. Stephanie Simonich, Planning department intern, presented an update on Central Point’s population and
densities.
Matt Stephenson made a motion to approve the Planning Commission
Report as submitted. Kay Harrison seconded the motion. Roll call: Matt
Stephenson, yes; Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved.
B. Bid Award for 5th, Victoria, and North 3rd Storm Drain
Matt Samitore reported that bids had been received for a large storm drain
project on 3rd Street. This will be a three phase improvement project. Visar Construction was the low bidder at $121,469. This company is well-established
and has a history of successful projects with the City of Central Point.
Allen Broderick made a motion to approve awarding of the bid for the North
5th Street, North 3rd Street and Victoria Way storm drain project to Visar Construction. Matt Stephenson seconded the motion. Roll call: Mayor
Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kelly
Geiger, yes; Kay Harrison, yes; and Matt Stephenson, yes.
X. MAYOR’S REPORT Mayor Williams reported that he had attended the Medford Water Commission
meeting, the Urban Renewal Ad Hoc Committee meeting and had attended
Mayor’s Day in Salem where he met with Senator Dr. Alan Bates and discussed medical marijuana.
XI. CITY MANAGER’S REPORT
City Manager Phil Messina reported that the meeting in Salem he attended with
the Mayor was good. They also met with Richard Whitman of the Land Conservation & Development Commission. Mr. Messina attended a City Water
Coalition meeting, as well as attending a play at the Oregon Shakespeare Festival. “It is going to be a good season” he said.
XII. COUNCIL REPORTS
Council member Allen Broderick reported that he:
Attended the Council Study Session
Attended an Arts Commission meeting Council member Kelly Geiger reported that he:
Attended a School Board meeting
Attended the Chamber auction
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City of Central Point City Council Minutes March 10, 2011
Page 6
Council member Kay Harrison reported that she:
Met the new Fire Chief at the SCOA Conference
Attended the Council Study Session
Attended the Chamber dinner
Attended the Medford Water Commission meeting
Attended the Urban Renewal Ad Hoc Committee meeting
Attended an RVTD meeting – they are expanding to Eagle Point
Council member Carol Fischer reported that she had:
Attended a Medford Water Commission meeting
Attended a Multi-Cultural Committee meeting Council member Bruce Dingler reported that he had:
Attended the Urban Renewal Ad Hoc Committee meeting
Attended the City Council Study Session
Council member Matt Stephenson report that he had:
Attended a SOREDI Board meeting
Attended an Angel Investors Conference
Attended the City Council Study Session and suggested that the Police
Department furnish a support resource for officers on a full-time basis
XIII. DEPARTMENT REPORTS
Assistant City Manager Chris Clayton said that he had been attending Urban Renewal ad hoc committee meetings, and the committee is working on
formulating a recommendation to the City Council. Mr. Clayton also attended the
Medford Water Commission meeting and stated that the next step would be to meet with Larry Raines to request concessions in their rate structure. Mr.
Clayton attended an MPO/TAC committee meeting and advised that the CMAC
application had been approved from Blue Star Gas Co. to convert vehicles to propane.
Tom Humphrey, Community Development Director, stated that he had attended a Rogue Valley Area on Transportation meeting of ACT representatives from
Jackson and Josephine counties. The new director explained what they were doing to save money as there have been a lot of losses in revenue. They are
going to have to do more with less. Mr. Humphrey also mentioned that the City
had notified Mr. Berry, owner of the Cowley building, that certain repairs were necessary to the structure. Todd Meador, Building Official, will contact him
personally to offer his assistance with relocating the businesses that are currently
housed in the building.
Mr. Humphrey then thanked the Public Works department for their speedy
hanging of banners for the FFA and Rogue Creamery for upcoming events.
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City of Central Point City Council Minutes March 10, 2011
Page 7
Chief Zeliff stated that the department will continue to send personnel out of town for training.
Matt Samitore thanked councilors for approving the Planning Commission report concerning the water reservoir as we need to get it out to bid. Mr. Samitore stated that he had attended a conference that was presented by a national
economist concerning the state of the housing market in Jackson County.
Mr. Samitore added that he would like to have some direction from Council
concerning the Mon Desir Restaurant property. Not only is it an eyesore, but there is an open pit and no fencing. The cost to clean up the property would be
approximately $8,000. The City would place a lien against the property and
collect interest. Council requested that Mr. Samitore prepare paperwork to bring back to Council, declaring the property to be a nuisance.
XIV. EXECUTIVE SESSION - None
XV. ADJOURNMENT
Matt Stephenson moved to adjourn. Kay Harrison seconded. All said “aye”
and the Council Meeting was adjourned at 9:05 p.m.
The foregoing minutes of the March 10, 2011, Council meeting were approved by the
City Council at its meeting of March _____, 2011.
Dated: _________________________________ Mayor Hank Williams
ATTEST:
___________________________ City Representative
Page 8 3/24
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 17, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: The City has reviewed excess inventory or equipment, vehicles and furniture that are
surplus.
SUMMARY: Attachment “A” shows the list of equipment, vehicles, furniture and miscellaneous
items that are surplus. The Public Works division would like to sell the excess that is no longer in
service, is not needed, or has some damage. All items that cannot be sold through our surplus
provider, www.propertyroom.com will be sold at a City sponsored public auction to be scheduled
this spring.
RECOMMENDED MOTION: Approve the surplus property list.
Parks & Public Work Department
Matt Samitore, Director
Page 9 3/24
SURPLUSITEMS2011Item# Make/ModelDescriptionQuantityNotesDisposition1 Jepson 14"Cutoffsaw1 WorkswasreplacedwithbandsawAuctionorPropRoom225/16Hitchballs5 $5.00minAuctionorPropRoom3 Motorola Vehicleradios18 CostmoretoremovefrequenciesDestroy4 Anco26"windshieldwiperrefills1box 5/boxAuctionorPropRoom5Metalbox12x12x61Metalbin6 Chevrolet DoorMirrors(1984)2AuctionorPropRoom7GateHinges4AuctionorPropRoom8VinylMiniblinds(27x64White)1box NewinboxDonatetoHabitatStore96"LinearActuator1 UpgradedAuction10 TorchHose&gauge1ToWhiteCityMetals11 SunVehicleDiagnosticMachine1Donatetoschool12Trailerplugs3AuctionorPropRoom13 SelectVacuumbrush1 NolongerhavevacuumDisposeof14 Hitachi SmallSpaceHeater1AuctionorDonate15TwoWayCom.System1EWaste16 AudiovoxMVX440CellPhone1OldstyleEwaste17 Actron ScanToolanalyzer1 VehicleanalyzerreplacedAuction18 HPStandardkeyboard1 BrokenEWaste19 CanonFaxCartridge(A15/A30)1 NolongerhavefaxmachineEWaste21Emergencylights(bugeye)7 OldstyleupgradedEWaste22W/LPressuretester1 MissingpcsDisposeof/Metalbin23 MuellerD4 Drill&tapmachine1 OldwehaveupgradedEbay/Minbid?2511 Roundenddeskpart1 PoorconditionDisposeof26 RomacInd. 12"bjlc(inbox)1CouldnotreturnAuction28 KennedyShoes 3CouldnotreturnAuction29 Miscfittings/MagalugsMetalbin3080galCompressor19731 ReplacedAuction31 Motorola Powersupply1 NogoodEwaste32Weightmachine1AuctionorPropRoom33 DPAirGometer Exercisebike1AuctionorPropRoom34Miscexerciseweights&barsAuctionorPropRoom35Batteryboosterboxes2 Upgradeddoesn'tholdcharge(OKforpersuse)36Dialtorque1 CannotuseanylongerAuction37Cornerworkstation1AuctionorDonate38Drinkingfountaincoolerunit1 NogoodDisposeof/Metalbin39MetalDesk5x2.5/woodgraintop 1AuctionorDonate40 Black&Decker Handdrill1 NogoodDisposeof41RoofmountA/Cunit1 WorksMinbid?DonatetoHabitat423x5Table(chrome/glasstop)1Minbid?43 Calcomb DrawingboardII1 NogoodEWastePage 103/24
Item# Make/ModelDescriptionQuantityNotesDisposition44 CanonFaxmachine1 OldstylehasbeenupgradedAuctionorEwaste45Intercomspeakers2Auction46DeskTopcabinet1 SitsontopofdeskwenolongerhaveAuction4736"threshold2DonatetoHabitatStore483x5wooddesk(3pieces)1 Nolongeruse(Minbid$40)AuctionorDonate49Misc.spotlights(amber)AuctionorEwaste50Wooddoors&frames35.5x83.53DonatetoHabitatStore51 GoldStar WindowmountA/Cunit1 WorksDonatetoHabitatStore52Waterpipelocator(Orange)1 2530yrsoldEbay53Cornercomputerdesk(white)1 NogoodDisposeof54 IBMLaptop1 BadHDEWaste55Metaldetector1 BrokenDisposeof56Impactgun1/2drive1 NogoodDisposeof57Officedividers(grey)14AuctionorDonate58Cornerdeskunit(blacklegs)1 NolongerhavedeskAuctionorDonate60Woodbookshelf(white)1 Faircond.AuctionorDonate62Cubicleoutletassembly14Auction63WallmountforTV/VCR1 DoesnotworkwithCityTV'sAuction64Smalldraftingtable1 OldstyleMinbid?65Floorlamp1Auction66Deskreturn(glassincluded)1 Poorcond.Disposeof67 Toshiba Phones(DTK2000)4 OldsystemEWaste68Computermonitor1 OldstyleEWaste69Homemadewoodshelf(brown)1 PoorconditionwoodwarpedDisposeof704x2ceilingfixtures25DontatetoHabitatStore71LargePropanetank1 Faircond.72 Christmasst.lightpoledecorations Misc Ebay73Christmastreedecorations(large) Misc Ebay74 IBMElectrictypewriter1EWaste755x2.5computerenclosure1Metalbin762x2ceilingtiles70DonatetoHabitatStore80Chair(shortback)1 Faircond.AuctionorDonate81KodakEasyshareG610printerdock 1 NolongeruseAuction83 BedSlide Pickuptruckbedslide1 DonotuseEbayorPropRoom84Woodcomputerdeskw/topshelf1Disposeof86Officechair(highback)1 NogoodDisposeof87Wooddesk(blackframe)1 Faircond.AuctionorDonate88Portableeyewashstation3 UpgradedperOSHA(OKforpersuse)89Wallmountlightcovers10DonatetoHabitatStore91Radiow/tapeplayer1EWaste92Dry/erasewhiteboard1 NogoodDisposeof93Simplestation1 NolongeruseEWastePage 113/24
Item# Make/ModelDescriptionQuantityNotesDisposition944"Belljointleakclamps(5165.00) 1boxUpdatedwithbetterclampsAuction95 Foster 10"adapterDI350water1OutdatedFitting96Clamps/adapter?Yellow2UpdatedwithbetterclampsAuction97 Wooddesk(33x36x71)2pcsNolongeruse98 611BelljointleakclampOutdatedFittingAuction100 12"corrugatedpipebands7OutdatedFittingAuction101 1lbboxcement(buff)18DonatetoHabitatStore105Cellphone/radioholders(canvas6PoorconditionhaveupgradedDisposedof106 Cameras(film)3 OldstyleEWaste107 HachColorimeterEbay108 JabraBluetoothheadsets6 ChangedstyleAuctionorPropRoom109 Bonaire Indoorwatercooler1EbayorPropRoom110 Bonaire Indoorwatercooler1EbayorPropRoom112 White Ridinglawnmower1PropRoom113Powerstrip(Multioutlet)1 UsedinofficecubiclesDonatetoHabitatStore115 HPPhotosmartC42801 Allinone(Printer,copier,scanner)AuctionorPropRoom116 AlesisStudio12RAudiomixer1PropRoom117 HXProCassettedeck1PropRoom118 Bogen GS3150mixer1PropRoom119 Marantz PDM560Recorder1PropRoom120Microphones&plugs10 (Tobesoldasset)PropRoom121SiderailPuptoolbox1 Faircond.Minbid$30?122Studdedradialsnowtires5 P195/75R15interurbanAuction/Dispose123RadialGTGrandAMtires5 P205/60R13Auction/Dispose124 DeltaDuallidPuptoolbox1 WhiteMinbid$30125Metaltoolcabinet1 12"x12"x4'Minbid$30Page 123/24
Item# Make/ModelDescriptionQuantityNotesDisposition130Laptopstands2 NolongerusePropRoom132Draftingtablewithsidetray1 (Greentopw/blacklegs)AuctionorPropRoom135 Logitech Webcam1 NolongeruseAuctionorPropRoom137 HPPSC13151 Allinone(Printer,copier,scanner)AuctionorPropRoom138GreenStuffabsorbent1 OpenednolongeruseDisposeof142Wooddeskw/builtincabinets1 NolongerusewaspartoflargerunitAuctionorDonate145Highbackofficechair1 Twotone(Grey/black)AuctionorDonate149Highbackofficechair1 Greyw/blackarmsAuctionorDonate150Basketballhoop(Child/totsize)4 Canbesoldasoneitemorseparately)AuctionorDonate151Miscchildren'splayitemsTobedonatedifnotsoldatauction153Officedividers(blue)AuctionorDonate157Shortbacktaskchair1 GreyneedscleaningAuctionorDonate158Shortbacktaskchair1 BlackAuctionorDonate159Highbackofficechair1 DarkgreyAuctionorDonate160 HPDeskjetprinter1 DoesnotworkEWaste161 SharpCalculator1 DoesnotworkEWaste162 Belkin Ergonomickeyboard1 DoesnotworkEWaste164 Presto SmallSpaceHeater1 WorksAuctionorDonate166Highbackofficechair1 Greyw/blackarmsAuctionorDonate167Oldstyletelephone1 WhiteEWaste168Largedeskunit(pressboard)1 Grey/white(inpieces)Disposeofpoorcondition169Shortbacktaskchair1 BlackarmsAuctionorDonate170Cardjet(IDcardmaker)1 HardlyusedEbay171SmallTV/VCRcombo1EbayorPropRoom172 Optimus Dualcassettedeck1EbayorPropRoom173 Patton Fan1 WorksAuctionorDonate174Whitemetalcabinet1AuctionorDonate175 AlliedMisc.shoringNolongerrepairableDisposeoforDonate?176 Kodak Misccameraitems,cords1 BoxofmiscitemsAuctionorEWaste1772drawerfilecabinet(woodgrain) 2 GoodconditionNolongerhavedeskunit AuctionorDonate179Desktopcabinet1 PressboardandcardboardDisposeof180Shortbacktaskchair1 GreynoarmsAuctionorDonate181Shortbacktaskchair1 LightgreynoarmsAuctionorDonate182Wooddesk(shell)1 1drawerandkeyboardtrayAuctionorDonate184Metaldesk(3drawers)1 HaswoodgraintopAuctionorDonate185Pinterstand(oldstyle)1 ObsoleteAuctionorDonate186Fuelcans(Red)4 NotOSHAcompliant(OKforhomeuse)AuctionorDonate1874drawerfilecabinet(Legal)1 BeigeFairCond.AuctionorDonate1884drawerfilecabinet(Letter)1 TanFairCond.AuctionorDonate1894drawerfilecabinet(Letter)1 BrownFairCond.AuctionorDonate190MiscITitems1 BoxofmiscitemsEWaste192 PX1000MX Shredder(Personalsize)1 Crosscut/White($20minbid)AuctionorDonatePage 133/24
Item# Make/ModelDescriptionQuantityNotesDisposition193 Memorex Shredder(Personalsize)1 Crosscut/Black($20minbid)AuctionorDonate194 AtivaShredder(Personalsize)1 DQ83Mn(Black/silver)($20minbid)AuctionorDonate195VHSplayerinmetalcabinet1AuctionorDonate196Antenna,roofIT3 Nolongeruse(Minbid?)AuctionorPropRoom197Misc.wirelessroutersIT1 BoxofmiscitemsEWaste198 HP4200Laserjetprinter1NogoodEWaste199Metalbikeracks3 BlackSoldindividually200Metal6'stepladdder1 NotOSHAcompliant(OKforhomeuse)Metalbin201Whiteboardeasel1 PoorshapeDisposeof202MiscoldXmasribbon,bulbs1bag PoorshapefromstorageDisposeof203Plasticmarblemaze1binAuctionorDonate204Floorfan1 WhiteCannotuseinCityofficesAuctionorDonate205Turquiosetissuepaper1box SmallsquaresDonate206ResistanceTherapybands1box MisccolorsAuctionorDonate2074drawerfilecabinet1 LettersizeAuctionofDonate208Glassjars1boxAuctionorDonate209 Pentax Camera(filmstyle)1 EWasteEWaste210Woodboxes3 UnfinishedwoodAuctionorDonate211Metalutilitycart1 LightblueAuctionorDonate212MiniChristmaslights3boxes ManyneverusedAuctionorDonate213Floorfan1 WhiteCannotuseinCityofficesAuctionorDonate214Baskets1box BluewovenAuctionorDonate215Yogamats1tote PurpleAuctionorDonate216 Mylec MiniLacrosseGoalsets2AuctionorDonate217VHSChildren'sMovies1toteAuctionorDonate218Coffeemaker1 GoodforpersonaluseAuctionorDonate219Teddybear1Donate220Playpackgame1AuctionorDonate221Volleyballset1 Minbid?EbayorPropRoom223Bowlingset1 PlasticAuctionorDonate224Flowers,bendablefabric5Donate2325Misc.ladiespurses5 Misccolors,stylesDonate226Goodgrief!Shorts1Disposeof227Hockeystickswithplasticpucks/ball MiscDonate228MiscclothesMiscMiscchildrensizes,styles,colorsDonate229 Durabrand CDplayer/AM/FMradiocombo1 NewinboxMinbid?230Volleyballnet1 ExcellentshapeMinbid?231Exerciseballs1box PilatestypetherapyexerciseballsPropRoom232Electricskillet1Donate233 Durabrand CDplayer/AM/FMradiocombo1 HardlyusedMinbid?234WalkietalkiesMisc Differentstyles/colorsNolongeruseMinbid?235Poloshirtswithwriting1boxDonatePage 143/24
Item# Make/ModelDescriptionQuantityNotesDisposition236Phonechargers,cords1box ObsoleteDonate237Strawbag,paintedvase&plates 1boxDonate238LaserjetPrinter1 DoesnotworkEWaste239 Canon PowershotA75camera1 NogoodEWaste240Firehosedrier1 ObsoleteAuction241 Chevy S10PickupBlack1 #3030PropRoom242 ChevyS10PickupWhite1 #3029PropRoomPage 153/24
Resolution:
Direction for
Mon Desir
Property
Page 16 3/24
TO: Central Point City Council
FROM: Christopher Clayton – Assistant City Manager
AGENDA DATE: March 24th, 2011
SUBJECT: Mon DeSir Restaurant – 4615 Hamrick Road / Municipal Code Violations
_________________________________________________________________________________________
HISTORY:
On 01/11/2010 the Mon DeSir Restaurant located at 4615 Hamrick Road was extensively damaged by fire.
The subsequent investigation to determine the cause of the fire left the partially burned structure intact for the
next several months. However, On July 14th, 2010 the property owner, Mr. Edic Sliva, was sent a letter from
the City’s Community Services Officer indicating that what was left of the structure needed to be removed and
disposed of in accordance with the law. Furthermore, the July 14th, 2010 letter established a timeline that
required all demolition, disposal, and cleanup of the property to be completed no later than October 1st, 2010.
During the month of September 2010, the City’s Community Services Officer received a series of
communications from the property owner stating that a contractor, Western States Environmental, had been
hired to completed the required demolition/clean up. In an effort to verify that the cleanup project would
proceed with the appropriate permits in place, the Community Services Officer contacted Western States
Environmental and advised them to contact the City’s Building Official regarding required permitting prior to
the commencement of work. Western States Environmental indicated that an extension of the October 1st, 2010
deadline was necessary to complete the project with the required permitting in place. The Community Services
Officer responded with a new deadline of October 25th, 2010
Staff Report
Administration Department
Phil Messina, City Administrator
Chris Clayton, Assistant City Administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Manager
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On October 15th, 2010 Western States Environmental began the demolition and cleanup but was
unsuccessful in completing the project as required by law. With the demolition and removal of debris only
partially complete, the property owner installed a security/safety fence around the work zone perimeter to
protect the public from any unsafe conditions that might exist on the property. On February 15th, 2011 the
City’s Community Services Officer discovered that the security/safety fence had been removed from the
property. Immediately, the Community Services Officer dispatched two certified letters to the property owner
addressing both the unsafe condition of the building foundation remnants (12-15 open cavity) and the
remaining site debris. The property owner was given 14 days to complete the demolition/site clean up or be
issued a citation every day thereafter until the project was completed. Mr. Sliva has been issued a citation
every day since March 3rd, 2011. The citations are for violation of Central Point Municipal Code 8.04.050 B
(Attractive Nuisance) and Central Point Municipal Code 8.04.035 (Accumulation of Junk).
Per Municipal Code, Mr. Sliva was sent a certified letter on March 17th, 2011 indicating that
continuing failure, for a period of 7 days, to abate his property’s nuisance would result in abatement by the
city, and a lien placed on his property. In an effort to safe guard the public, the City of Central Point Public
Works Department has placed a temporary safety fence around the perimeter of the property work zone.
PROPOSAL:
Based on the Direction of the Central Point City Council Staff is proposing that the City retain the services of a
contractor(s) to complete the demolition/site cleanup project in accordance with law. If approved, Staff would
recommend the following items be completed:
1. Environmental Survey to determine if Asbestos material remains on the property.
2. Abatement of any Asbestos related materials discovered during the Environmental Survey.
3. The removal of all remaining on-site debris.
4. The proper abandonment of existing property utility services.
5. The placement of approved structural fill in the void created by foundation/basement demolition.
6. General site grading.
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FISCAL IMPACT:
City Staff has solicited quotes from several contractors to determine the cost of items 3, 5, & 6. The quotes
have ranged from $9,000 to $15,000. I would estimate the Environmental Survey to be an additional $1,500.
The two remaining variables, asbestos abatement & existing utility abandonment, have the potential to drive
project costs hire. Therefore, I would recommend that Council direct Staff to follow the guidelines of the
Central Point Municipal Code Chapter 8.04:
1. (8.04.120 C) The finance director shall maintain an accurate record of the expense incurred by
the city in abating the nuisance and shall include an overhead charge to cover the cost of
administration.
2. (8.04.130 C) An assessment for the cost of abatement as determined by the council shall be
made by resolution of the council and shall thereupon be entered in the docket of city liens and,
upon such entry being made, it shall constitute a lien upon the property from which the nuisance
was removed and abated.
After the nuisance is abated per Central Point Municipal Code Chapter 8.04, Staff would return to Council with
an assessment for the cost of the abatement and a resolution entering the assessment in the docket of city liens.
POSITIVE IMPACTS:
1. Protects the public from unsafe conditions related to the property located at 4615 Hamrick Road.
2. Completes the required demolition and site cleanup in accordance with law.
NEGATIVE IMPACTS:
1. The length of time before the assessed property lien will be recovered remains undetermined.
STRATEGIC PLAN GOALS:
1. Proactive Government and Citizen Involvement Goal 2- Build City pride and positive image:
Goal 2 Section (e): Enforce codes in older established neighborhoods.
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RECOMMENDATION:
1. Approval of attached resolution directing staff to enforce Central Point Municipal Code Chapter 8.04 as
described in the associated staff report.
2. With a daily citation being issued to the property owner of 4615 Hamrick (beginning 3/3/2011), the
property owner could complete the required abatement (or partial abatement) prior to the 3/24/2011
City Council meeting. If this scenario should occur, the property owner would likely request dismissal
of the issued citations. However, the City of Central Point Charter clearly grants such authority to the
Municipal Court Judge and not the City Council. If the council desires, Staff could prepare a
memorandum to the Municipal Court Judge requesting that any actions taken by the property owner be
included in his deliberations.
ATTACHMENTS:
1. Attachment “A” 4615 Hamrick Road Site Map.
2. Attachment “B” Correspondence between the property owner and Community Services Officer.
3. Attachment “C” Nuisance Photos
4. Attachment “D” Chapter 8.04 of the Municipal Code
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HAMRICK RDHAMRICK RD4615 HAMRICK RD372W 01BC TL10000
±
0 50 10025Feet
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RESOLUTION NO. _______
A RESOLUTION DIRECTING STAFF TO TAKE ALL NECESSARY ACTION
TO RESOLVE HEALTH AND SAFETY ISSUES
AT SITE OF FORMER MON DESIR RESTAURANT
RECITALS:
A. Staff has reported that because of a fire in 2010 at the Mon Desir Restaurant, 4614 Hamrick Road, Central Point, the site is now in a dangerous condition of disrepair because demolition and cleanup by the owner remain
unfinished.
B. For the protection of the public, action should to be taken as soon as feasible to remove the hazards and secure the property to minimize dangers to the public. Such protection may entail the expenditure of public funds.
The City of Central Point resolves:
Section 1. Staff is directed to take such action as may be necessary to protect the public from the hazards existing on the Mon Desir property including, but not
limited to, implementing the provisions of the city’s derelict building code and
nuisance code.
Section 2. If necessary, staff should implement the recommendations contained in the staff report made to the council dated with an agenda date of March 24th,
2011, and report back to the council what progress has been made.
Section3. Should expenditure of public funds be necessary to protect the public, staff is authorized to spend such funds and collect any such expenditures from the owner or owners of the property per chapter 8.04 of the Central Point
Municipal Code.
Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___.
__________________________ Mayor Hank Williams
ATTEST:
_____________________________ City Recorder
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Ordinance:
Amending Chpt 8.24
Flood Damage
Prevention
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STAFF REPORT
March 24, 2011
AGENDA ITEM: File No.
Consideration of Ordinance No. approving amendments to the City of Central Point Municipal
Code Chapter 8.24 – Flood Damage Prevention and Ordinance No. ________ approving amendments to
Chapter 17.57 – Fences. Applicant: City of Central Point.
STAFF SOURCE:
Stephanie Holtey, CFM Floodplain/Stormwater Coordinator
BACKGROUND:
The City is proposing amendments to Chapter 8.24, Flood Damage Prevention and Chapter 17.57, Fences to
comply with minimum National Flood Insurance Program (NFIP) requirements associated with the pending
revision to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for Central
Point and Jackson County 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).
Duly noticed public hearings were held on February 1, 2011 and March 10, 2011. The first reading of the
proposed code amendments occurred on March 10th and the City Council unanimously approved the
proposed code amendments. Since the first reading of Chapter 8.24, Flood Damage Prevention and
Chapter 17.57, Fences, minor changes to Section 8.24.190 Site Improvements and Subdivisions were
needed for clarification, as follows:
In sections 8.24.190(B) and (D), a provision requiring “dedication” of the floodway and special
stream setback or undeveloped Special Flood Hazard Area (SFHA) land as a conservation easement
or public park was removed. This change was made to avoid unintended consequences associated
with dedication of unfunded and potentially unusable park land to the City. Instead, the provisions
in Section 8.24.190(B) and (D) now specifies that the floodway, special stream setback and
undeveloped SFHA land be “preserved” as open space through an easement. This modification is
consistent with the original intent, but provides greater alternatives to the City and developers.
Include the performance standards for demonstrating no adverse impact of proposed subdivisions
to existing or future anticipated development, in the form of increased flood elevations, flood
velocity, floodplain extent and floodway extent. This was presented at the first reading, but was
inadvertently not provided in the ordinance language for Chapter 8.24. Without this language, the
City’s determination of adverse impacts would be unclear.
Stephanie Holtey, CFM
Matt Samitore, Director PUBLIC WORKS DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-7602 · www.centralpointoregon.gov
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No changes were made to the proposed amendments to Chapter 17.57, Fences since the first reading on
March 10, 2011.
RECOMMENDATION:
Approve the second reading of Chapter 8.24, Flood Damage Prevention of the Central Point Municipal
Code; and,
Approve the second reading of Chapter 17.57, Fences of the Central Point Municipal Code.
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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. Based on staff’s analysis, the proposed code
amendments would likely provide the city with an additional points needed to earn an additional 5% discount on high risk flood insurance premiums, saving the community an estimated
$38,797.
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.
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THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
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
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8.24.230 Stream Setback Requirement
8.24.240 Drainage Provisions
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.
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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:
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,
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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
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.
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"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
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 BFE 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).
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"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
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
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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
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.
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"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.
"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.
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"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.
"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;
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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
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 BFE 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
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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.”
"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
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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;
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.
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“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:
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).
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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
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.
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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
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,
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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 BFE;
(b) Impacts to the base floodplain boundaries; and,
(c) Identification of any insurable structures within the
base floodplain.
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 BFE 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);
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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
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
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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.);
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 BFEs 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;
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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 BFE 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 BFE and floodway data available from a Federal, state or
other authoritative source in order to administer the provisions of this
ordinance;
G. When BFEs or other engineering data are not available from an authoritative
source, the Floodplain Administrator shall require BFEs 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
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;
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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.
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 BFEs, or flood depth in AO or AH zones where
available:
3. For all proposed structures, elevation in relation to the highest adjacent
grade and BFE or flood depth in AO or AH zones, of the:
a. Lowest enclosed area, including crawlspace or basement floor;
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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,
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:
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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 BFE 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
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.
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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;
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
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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
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
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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;
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.
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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;
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.
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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.
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
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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.
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-
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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.
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;
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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).
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.
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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:
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:
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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);
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:
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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
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
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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).
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 preserved as an open space by 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
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the mapped flood hazard zones from the effective FIRM, including the
regulatory floodway, if applicable, and estimated BFEs 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 and preserved preserving 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, in the form of increased flood elevations, flood velocity,
floodplain extent and floodway extent, 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
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 BFE 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 BFEs 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.
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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
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).
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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;
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 BFE are allowed provided that the applicant demostrate that no
other alternative is available. In such circumstances, applicants shall obtain a
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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
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
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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 BFEs but No Regulatory Floodway
A. In areas with Zones A1-30 and AE on the community’s FIRM with a BFE, or
where a BFE 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 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 BFE 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 BFE 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 BFEs in accordance with Section 8.24.190(E) or subsection (C)
below shall apply.
B. In special flood hazard areas without BFE data,
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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 BFE 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
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. 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.
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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 BFE
and/or designed or located to prevent water from 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.
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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
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 BFE 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;
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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 BFE 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
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:
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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 BFE 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
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
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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
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 BFE, 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.
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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
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.
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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
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:
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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.
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.
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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 ____________, 2010 .
__________________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Approved by me this ________________ day of ___________________, 2010
___________________________________
Mayor Hank Williams
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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:
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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.
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*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.
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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).
Section 2.
Passed by the City Council and signed by me in authentication of its passage this _______ day of ____________, 2010 .
__________________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Approved by me this ________________ day of ___________________, 2010
___________________________________
Mayor Hank Williams
Page 111 3/24
Ordinance:
Second Reading
Amending CPMC
10.05.040
Fire Lanes
Page 112 3/24
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 15, 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: This is the second reading of an ordinance amending the fire lane ordinance. Since
the first reading there have been some grammatical changes to section 1 and staff has added back
in tow-away zones into section “B”.
RECOMMENDED MOTION: Approve the revisions to chapter 10.05.040 Fire Lanes, Signs and
Markings.
Parks & Public Work Department
Matt Samitore, Director
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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 114 3/24
Resolution:
Updating Public
Works Standards and
Specifications
Page 115 3/24
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 15, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: The Public Works Division has updated the Public Works Standards and Specifications
to bring into compliance with current environmental regulations, construction practices, the
transportation planning rule and the city zoning code.
SUMMARY: Over the past six months the Public Works Division has been working on updating the
Public Works Standards and Specifications. The last time this was done was in 2006, and since
that time many items within the document have changed. The standards and specifications are
primarily engineering standards used for construction. The main changes to the standards are as
follows:
Decorative lighting has been removed as a choice for street lighting by Developers except for
the Transit Oriented Development Area. The reason for this is that the lights are very
expensive to maintain and Pacific Power has developed ornamental lighting that wasn’t in
existence a few years ago.
Right of way tree planting, protection and removal standards have been created and
enhanced.
General design criteria for projects located in a Special Flood Hazard Area have been added
to coincide with the new amendments to Chapter 8.24.
All concrete is standardized at 3300psi.
All trench backfill in the upper zone of roadways will be cement/sand slurry only.
Plate locks will be required on jump plates.
Parks & Public Work Department
Matt Samitore, Director
Greg Graves, Construction Inspector
Page 116 3/24
140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
All materials made in the USA, unless otherwise approved.
Street requirements have been changed to more closely reflect designs in Medford and in the
T. O. D.
The Traffic Impact Analysis section has been updated to be compliant with the
Transportation Planning Rule.
Half street overlay has been added as an option for the City in areas where utility work has
damaged existing roadway.
RECOMMENDED MOTION: Approve the revised Public Works Standards and Specifications.
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140 S. Third Street Central Point, OR 97502 541.664.3321 Fax 541.664.6384
RESOLUTION NO. _______
A RESOLUTION UPDATING THE PUBLIC WORKS STANDARDS AND SPECIFICATIONS
RECITALS: A. The Public Works Standard and Specifications is a document used for all construction
activities within the City Limits. The document reflects current construction practices and has
specifications on construction materials and types that are unique to the City of Central Point.
B. The last time the Standards were updated was 2006.
C. The revised standards updated sections that were out of compliant with the City zoning
code, the transportation planning rule, DEQ and FEMA regulations and updated
construction practices. The City of Central Point resolves:
Section 1. The updated Public Works Standards and Specifications are approved and are to be
used immediately for new construction within the City of Central Point.
Passed by the Council and signed by me in authentication of its passage this _____ day of
_____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Page 118 3/24
Resolution:
Requesting
Jurisdictional
Exchange for portion
of West Vilas Road
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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 15, 2011
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: Jurisdictional Exchange for West Vilas Road.
SUMMARY: In 2009 the City requested and was granted jurisdictional control of a portion of
Hamrick Road and a small portion of West Vilas Road. The intent at that time was to include all of
West Vilas that was currently inside our city limits. Unfortunately there was some confusion on the
agreement and the City did not receive all the area it had anticipated.
In order to correct the mistake a new resolution and map need approved by the City Council in order
for the County Board of Commissioners to hear the request. The City is respectfully requesting
jurisdiction of West Vilas from the intersection of Naples Drive to approximately 625 feet west of the
western right-of-way of Table Rock Road (Exhibit A).
The City is requesting this exchange to better coordinate road improvements along this corridor.
RECOMMENDED MOTION: Make a motion approving the resolution requesting jurisdictional
exchange of West Vilas from New Haven Road to 625 feet west of the western right-of-way of Table
Rock Road.
Parks & Public Works Department
Matt Samitore, Director
Page 120 3/24
RESOLUTION NO. ______________
REQUESTING JURISDICTIONAL EXCHANGE OF A PORTION OF
WEST VILAS ROAD
Recitals:
A. In 2010 the City Council requested and were granted jurisdictional exchange of a
portion of West Vilas Road.
B. The City is requesting jurisdictional exchange for a portion of West Vilas to better
control road improvements within the area.
The City of Central Point resolves as follows:
Section 1. Request jurisdictional exchange of West Vilas Road from Naples Drive to 625 feet
west of the western right-of-way of Table Rock Road (Exhibit A).
Passed by the Council and signed by me in authentication of its passage this ______ day
of ____________, 2011.
___________________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
Page 121 3/24
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Business:
Urban Renewal
AdHoc Committee
Report
Page 123 3/24
Page 1 of 5
CITY OF CENTRAL POINT
URBAN RENEWAL
FEASIBILITY REPORT
Prepared by:
Urban Renewal
Advisory Committee
Herb Farber, Chair
Hank Williams, Mayor
Kay Harrison, City Council Member
Bruce Dingler, City Council Member
Chuck Piland, Planning Commission Member
Francis Plowman, Citizen
Steve Weber, Citizen
March 17, 2011
Page 124 3/24
Page 2 of 5
Introduction
On October 28, 2010 the City Council passed Resolution No. 1274 creating a six member
Urban Renewal Advisory Committee. The charge to the Committee was to provide the City
Council with a written recommendation regarding the use of urban renewal as an economic
development strategy for revitalization of the downtown area. The Committee was
specifically instructed to identify and evaluate opportunities, issues and problems relating
to the implementation of an urban renewal plan within the city.
The Committee held their first meeting on February 9, 2011 at which time it established an
agenda, meeting dates, and elected a chairperson. Over the course of a seven week period
the Committee met on four separate occasions to study and discuss the mechanics and
application of urban renewal, and to craft a written recommendation to the City Council.
The Committee’s evaluation of urban renewal was facilitated through the use of an
illustration urban renewal plan (Illustration Plan) prepared by staff. The Committee was
not tasked with the creation of an urban renewal plan, but only to evaluate the feasibility of
urban renewal as an economic development tool. The Illustration Plan was used as a
learning tool.
The following summarizes the key findings on which the Committee’s recommendation is
made:
Key Findings
Opportunities, The Need for Urban Renewal
Within the older areas of the City, particularly the downtown and surrounding
areas, the Committee finds that there are concentrated incidences of blight such as:
obsolescence, deterioration, and an overall lack of proper utilization of the area
necessary to effectively contribute to health, safety, and general welfare of the
community. The Committee further finds that revitalization of the downtown and
surrounding area is a major undertaking that will require many years under the best
circumstances to achieve. Urban renewal, as an economic development strategy/tool
provides the City with a reliable long-term funding source to pursue downtown
revitalization objectives in a consistent manner, and as such offers a much needed
funding opportunity. The Committee also finds that the success of an urban renewal
plan rests with having a clear vision and supporting goals describing the intent of
the urban renewal plan. The vision and goals must be clearly communicated and the
urban renewal projects crafted to support and achieve those goals. Without a clear
vision, goals, and supporting projects any strategy/tool for revitalization of the
downtown will be ineffective.
A properly prepared urban renewal plan will provide the vision, goals, supporting
projects, and the continuous and long-term source of revenue necessary for the
successful revitalization of our downtown, and as such is needed.
Within Oregon more than 40 cities and counties have 40 active urban renewal
districts. Within the region the cities of Medford, Talent, Jacksonville, and Phoenix
Page 125 3/24
Page 3 of 5
as well as Jackson County have urban renewal district. The City of Ashland is
currently evaluating the use of urban renewal. Not having urban renewal put the
City at a competitive disadvantage with those cities in the region that do use urban
renewal.
Urban Renewal as an Economic Development Strategy and Economic Development
Tool
The Committee finds that urban renewal is both a strong economic development
strategy and an economic development tool; that when properly prepared and
implemented, is extremely effective in attaining revitalization goals. As noted
earlier caution is needed in defining the objectives of an urban renewal plan,
particularly with regards to the type of projects included in the urban renewal plan.
There should be a clear nexus between the project and attainment of the urban
renewal plan’s goals. To this end it is important that the process of creating an
urban renewal plan be a very transparent process open to the public. The City’s past
efforts to foster economic development by making infrastructure improvements and
creating investment incentives have been limited, both in funding and duration.
Urban renewal, as an economic development strategy, has been continuously
supported in the City’s strategic planning process.
Urban Renewal Implementation Timing
At this time the preparation of an urban renewal plan is very favorable, for the
following reasons:
- Regional Problem Solving will require changes in land use policy stressing
more efficiency in the use and re-use (infill and redevelopment) of land;
- General Economic conditions, although tenuous, provide opportunities for
the City to position itself to take advantage of improving conditions as they
occur.
The Committee was very sensitive to over emphasizing the immediacy of having to
prepare an urban renewal plan. The general consensus was that the timing was very
good, but not the sole decision point for pursuing an urban renewal plan
Urban Renewal Duration
Using the Illustration Plan as an example the Committee finds that a commitment
to urban renewal is a long-term commitment covering a period of 20 years or more.
This finding is based on two variables; the cost of projects identified as necessary to
attain stated goals, and the cash flow (tax increment revenue generation) necessary
to support these projects.
Urban Renewal Financial Feasibility
Based on the Illustration Plan the use of urban renewal appears to be financially
feasible. Sufficient tax increment revenue should be available to support an urban
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Page 4 of 5
renewal plan. During preparation of an urban renewal plan the financial limitations
of urban renewal will be further studied and formalized.
Urban Renewal Fiscal Impact
The use of urban renewal will result in a negative fiscal impact to affected taxing
districts during the life of the urban renewal plan. Because of these negative
impacts it is very important to communicate with each of the affected taxing
districts the costs and benefits of urban renewal and to identify a break-even point
in terms of revenue for each of the affected taxing districts.
General Urban Renewal Concerns
Although the Committee favorably recommends the use of urban renewal the
Committee is also aware of the authority that an urban renewal agency has, and that
this authority must be exercised in a manner that is both transparent and maintains
the integrity of the urban renewal plan’s vision and goals. In particular the Council
needs to be aware that an urban renewal agency, in addition to the above, has the
authority to:
- Acquire property through eminent domain. This authority is limited to the
extent that properties to be acquired are identified in the urban renewal plan
along with the justification for acquisition relative to attainment of urban
renewal goals;
- Sell revenue bonds to carry-out the objectives of the urban renewal plan.
This authority is regulated by the urban renewal plan and the availability of
tax increment revenue in quantities sufficient to support bond debt service;
and
- Participate in the development of real property, but only as authorized in the
urban renewal plan.
It is the Committee’s position that these concerns are not grounds for rejection of
urban renewal, but if used should be carefully considered and managed as
appropriate to successfully implement the urban renewal plan’s goal for the
downtown’s revitalization
Recommendation
Based on the above Key Findings it is the consensus of the Committee that conditions of
blight do exist within the City, particularly in the downtown and surrounding
neighborhoods, and that urban renewal is both a viable economic development strategy and
a strong economic development tool that can, and should be used, for the long-term
implementation of the City’s downtown revitalization goals. As such it is the Committee’s
unanimous recommendation that the Council, at its earliest convenience, proceed with a
declaration of blight, authorization of an urban renewal agency, and reparation of an urban
renewal plan. It is the Committee’s determination that tax increment financing is extremely
effective in addressing and promoting economic development objectives.
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Page 5 of 5
If the City Council elects to pursue urban renewal the next required steps are:
Step 1. Declaration of blight and formation of urban renewal agency. This action is
accomplished by ordinance and only sets in place the first steps in creating an
urban renewal plan and district. Approximate Duration: 2 months.
Step 2. The urban renewal agency begins meeting and preparation of an urban
renewal plan. This can be accomplished with the assistance of an advisory
committee. Approximate Duration 6+ months depending on complexity and
issues.
Step 3. A draft of the urban renewal plan is presented to the Planning Commission
(public hearing) for their review and recommendation. Approximate Duration: 2
months.
Step 4. The urban renewal plan as recommended by the Planning Commission is
forwarded to the City Council (public hearing) for final consideration. The City
Council is not obligated to adopt the urban renewal plan. If approved, the urban
renewal plan will be adopted by ordinance, becoming effective 90-days
approval, pending any appeals. Approximate Duration: 2 months plus 90-days.
Step 5. After adoption by the City Council the urban renewal plan is returned to the
urban renewal agency to be recorded with the County Recorder’s office.
Approximate Duration 1 month.
Herb Farber
Chair, Urban Renewal Advisory Committee
Page 128 3/24
Business:
Ward III Council
Appointment
Page 129 3/24
TO: Honorable Mayor and City Council
FROM: Deanna Casey, City Recorder
SUBJECT: Appointments of Council Member Ward III
DATE: March 24, 2011
After advertisement in the City News, Mail Tribune, and postings around the City we received
four applications from interested individuals.
Mike Quilty applied but is not eligible because he lives in Ward II.
The following applications qualify for Council Member Ward III:
Walter Moczygemba – Previous Council member and employed by the Grange Co-op.
Lauren Immonen – President/Owner of General Credit Service and Evolve Business Solutions.
Ellie George – Realtor
Applications are attached for your review.
Mayor Williams has reviewed the applications and recommends appointing Ellie George to the
Ward III Council position.
Recommendation:
Motion to appoint ______________________ to fill the Ward III position vacated by Matthew
Stephenson and to take office as of ______________, 2011.
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Business:
Appointment of
Committee Members
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TO: Honorable Mayor and City Council
FROM: Deanna Casey, City Recorder
SUBJECT: Appointments of Committee Members
DATE: March 24, 2011
BUDGET COMMITTEE
Currently there are three vacant positions on the Budget Committee. The terms for Tom
Corkery, Randy Sparacino, and Bill Stults expired December 31, 2010.
Bill Stults and Randy Sparacino have expressed interest in being reappointed to the
committee. Tom Corkery did not attend meetings last year and missed several in the previous
years.
Mayor Williams has reviewed application from Mike Quilty, Matthew Hurd, and Linda
McClellan. The applications are attached.
Recommendation:
Mayor Williams recommends reappointing Bill Stults and Randy Sparacino and appointing
Mike Quilty to the vacancy left by Tom Corkery.
ARTS COMMISSION
Currently there are five Arts Commission members on a seven member commission. The city
did not receive any applications for the two vacancies on this commission. Mayor Williams may
have a recommendation available at the March 24, 2011 Council meeting.
Recommendation:
Appoint ___________________ to the Arts Commission with a term expiration date of
December 31, 2013.
Page 139 3/24
PARKS COMMISSION
There is currently one vacant position on the Parks Commission. The City received
applications from Deven Howard and Mark Ludwiczak.
After reviewing the applications Mayor Williams is recommending appointment of Mark
Ludwiczak
Recommendation:
Appoint Mark Ludwiczak to the Parks Commission with a term ending December 31, 2013.
MULTICULTURAL COMMITTEE
There is currently one vacancy on the Multicultural Committee. After advertising for the vacant
position the City received one application from Christina Garrett.
Mayor Williams and Committee Chair Shannon Moulin have reviewed the application.
Recommendation:
Appoint Christina Garrett to the Multicultural Committee with a term ending December 31,
2012.
Applications are attached.
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