HomeMy WebLinkAboutOrdinance 1947ORDINANCE NO. I `�,
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:
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 }ieed thFeugh-in the following ordinance are to be deleted and words in bold are
added.
Page 1 of 56
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 *
Sections:
8.24.010 Statutory aAuthorization.
8.24.020 Findings of (Fact.
8.24.030 Statement of pPurpose.
8.24.040 Methods of (Reducing #Flood flosses.
8.24.050 Definitions.
8.24.060 Appka#fee- Lands to Which This Ordinance Applies
8.24.070 Basis for eEstablishing the aAreas of sSpecial #Flood hHazard.
8.24.080 . Coordination with State of Oregon Building
codes Division Specialty Codes
8.24.090 AbFGgat19R and gFeateF Fe6tFffiGti9Rr,. Establishment of Floodplain
Development Permit
8.24.100 Interpretation
8.24.110 Warning and dDisclaimer of (Liability.
8.24.120 ' . Designation of Floodplain
Administrator
8.24.130 Duties of the Floodplain Administrator
8.24.140designee. Permit Procedures
8.24.150 . Substantial
Damage and Substantial Improvement Determination
8.24.160 VaFoaRGe PF9GedwFe. Watercourse Alterations
8.24.170 . Requirement to Submit New Technical Data
8.24.180 Non -Conversion of
Enclosed Areas Below the Lowest Floor
8.24.190 . Site Improvements and
Subdivisions
8.24.200 . Development in
Regulatory Floodways
8 24 210 Development in Zones with Base Flood Elevations but No Reaulatory
Floodway
8 24 220 Development in Zones without Base Flood Elevations
Page 2 of 56
8.24.230 Stream Setback Reauirement
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 On 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.
8.24.020 Findings of (Fact
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 aFeas-efspeeiat flood hazards areas,
which increases in flood heights and velocities, and when inadequately anchored,
damage uses in other areas. W6e6 that aFe fleedpFeefed, elevated, a
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 PF919Rged IDUSiReSS iRtWFUPWRS 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 flood -
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 r -Reducing (Flood lLosses
In order to accomplish its purposes, this chapter includes methods and provisions #er to:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which Fe6UIt OR damagingincreases +n-eresien-er
in -flood heights er-velocities, or erosion;
B. Requiring development that uses is vulnerable to floods, including fasilities Whi
structures and facilities necessary for the general health,
Page 4 of 56
safety and welfare of citizens to be protected against flood damage at the time of
initial construction;
C. ,
&A—A.M. r0ha-Rnels, and Rat
; Control
filling, grading, dredging and other development which may increase or modify
flood damage or erosion;
D ,
Prevent or regulate the construction of flood barriers
that will unnaturally divert flood waters or that may increase flood hazards to
other lands;
E.
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.
"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.
"Appeal"
means a request for review of the Floodplain Administrator's interpretation of provisions
of this ordinance.
Page 5 of 56
"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.
"
." "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).
sides. "Base Flood" means the flood having a one (1) percent chance of being equaled or
exceeded in any given year.
"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.
"Gity" FR9aR6 th8 Gity ef G8RtFal P "Basement" means any area of a building having its
floor subgrade (below ground level) on all sides.
"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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11 11
t but aFe Ret limited te� 1 1 1 t
fiFe-
"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.
1111 _. -.DLII
"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.
p+kRgs; eF sela "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).
"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:
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.
sgapteF. "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.
"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.
Page 8 of 56
11 eed 11
"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.
11OGRIMRGe 11
1
"Essential Facility." See "Critical Facility.
11 11
"FEMA" means the Federal Emeregency Management
Agency.
11Lewest 11
,
thi6 Ghapte "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.
n 11
11 .11 "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.
11 11
"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.
Page 9 of 56
11New 11 11 11
"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.
11 11
,
"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.
MUM
Page 10 of 56
■ _ _ - :srns�rm�
. "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:
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.
,
"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(6)(2) and (3) of this chapter.
"s-ar-WAO-we" FneaR6 a walled and F99fed buildiRg iRdud'Rg a gas 9F liquid 6tGFag8 tank that 06
"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."
"NFIP" means National Flood
Insurance Program.
"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.
"Reasonably Safe
from Flooding" means base flood waters will not inundate the land or damage
Page 12 of 56
structures—and that any subsurface waters related to the base flood will not damage
existing or proposed buildings.
"Recreational Vehicle" means a vehicle that is:
1. Built on a single chassis;
2. Four hundred square 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.
Page 13 of 56
"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:
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).
Page 14 of 56
8.24.060 Appi+sat+ea- Lands to Which This Ordinance Applies
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the sify
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 #Flood #Hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency
in "The Flood Insurance Study (FIS) for The-Sity 9
Jackson County, Oregon and Incorporated Areas, dated daRuaFy 19, 1 9-82
May 3, 2011" , with aGG9FApaRYiRg
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 €need
lRsuFaRsey FIS and FIRM are is on file at Central Point City Hall; located at 140 South
3rd Street, Central Point, Oregon. .
The e4 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 Coordination with the State of Oregon Building
Codes Division Specialty Codes
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.
Page 15 of 56
8.24.090 AbFagatieR and gFeateF FeStFoGtOGR6. Establishment of Floodplain Development
Permit
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:
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:
L 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,
Page 16 of 56
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;
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 (Liability
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 Fi6tabli6hMeRt ef develepment pep Designation of the Local Floodplain
Administrator
. 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 Appkati9R fGF deV819PFn9Rt PWMit. Duties and Responsibilities of the Floodplain
Administrator
•
fleedpreefe$
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;
Page 19 of 56
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;
Page 20 of 56
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 Permit Procedures
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:
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.
Page 23 of 56
8.24.150 . Substantial
Damage and Substantial Improvement Determination
Page 24 of 56
MON"
._ ■_MM M M! "M MMI U NIIIIIIIIIIIII
, 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
Page 25 of 56
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 VaFOaRGe PFOGedUFe. Watercourse Alterations
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;
Page 27 of 56
Aim
Page 28 of 56
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 GeReFal G9R6tFUGti9R GtandaFd6. Requirement to Submit New Technical Data
Page 29 of 56
Page 30 of 56
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.
Page 31 of 56
._
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.
Page 31 of 56
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 CLOMRILOMR
application, until the applicant demonstrates that the project will or has met all
applicable requirements of this ordinance.
8.24.180 . Non -conversion of
Enclosed Areas Below the Lowest Floor
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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:
Page 33 of 56
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 . Site Improvements and Subdivisions
,
.11"MM.
Page 34 of 56
G. ThWe Will be ne adverse e#eGt6 GR Up 9F dGWA6tFeaFR PFGPeFtie6, aped
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 �y easement, GenseFvati
easement or publiG pafk.
C. New development proposals and subdivision development plans, including
tentative plat and approved engineered drawings and as-builts, shall include
Page 35 of 56
. _.
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 �y easement, GenseFvati
easement or publiG pafk.
C. New development proposals and subdivision development plans, including
tentative plat and approved engineered drawings and as-builts, shall include
Page 35 of 56
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. ReseFved SFHA land shall be and pFesefved-preserving as open space
by easement or dedinatien as a publiG paFk. 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 # fty 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
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.
Page 36 of 56
8.24.200 . Development in
Regulatory Floodways
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;
Page 37 of 56
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:
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(1).
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
Page 38 of 56
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
Page 39 of 56
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 Al -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. IftFEs 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,
Page 40 of 56
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.
Page 42 of 56
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:
L 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:
Page 44 of 56
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).
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:
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. ,
n n SeGtaen 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
Floodway Fringe
Regulatory Floodway
Shallow/Sheetflow/Ponding
Wall
Zones
Type
A
No
No
No
B
Yes
No
Yes
C
Design review required'
D
Yes, if open at base to
No
Yes, if open at base to BFE
BFE
E
Yes, if open at base to
No
Yes, if open at base to BFE
BFE
F
Yes, if adequate
No
Yes, if adequate openings
openings at base to
at base to BFE
BFE
G
Yes, if adequate
No
Yes, if adequate openings
openings at base to
at base to BFE
BFE
H
Yes, if adequate
No
Yes, if adequate openings
openings at base to
at base to BFE
BFE
' 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:
L 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(1) 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;
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;
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 Q aSC , 20-11.
Mayor Hank Williams
A
City Recorder
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