HomeMy WebLinkAboutOrdinances 2123 ORDINANCE NO. 2 11 9)
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
SECTIONS 8.24.030, 8.24.040, 8.24.050, 8.24.090, 8.24.130, AND 8.24.140,
REGARDING HABITAT ASSESSMENTS, A PRE-IMPLEMENTATION
COMPLIANCE MEASURE PATHWAY REQUIRED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY
Recitals:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time
to time revise its municipal code which shall become part of the overall document
and citation.
B. In 2009, the Federal Emergency Management Agency (FEMA) was
sued by various environmental agencies claiming the federal floodplain
regulations were not compliant with the Endangered Species Act (ESA)
regarding specific fish species and orcas in Oregon, and FEMA has been
working on resolution since that time;
C. On July 15, 2024, FEMA announced the enforcement of short-term
Pre-Implementation Compliance Measures (PICM) for communities located in the
Oregon implementation area, who participate in the National Flood Insurance
Program (NFIP) and have a mapped Special Flood Hazard Area (SFHA);
D. The purpose of the Pre-Implementation Compliance Measure is to
ensure the continued existence of threatened or endangered species in
compliance with the Endangered Species Act;
E. On November 14, 2024, the City Council selected Pathway/Option
Two, to require a habitat assessment and mitigation plan for development on a
permit-by-permit basis.
F. In accordance with CPMC 17.05.500, the City of Central Point Citizen's
Advisory Committee considered the proposed amendments at their meeting on
January 14, 2025 and recommended the City Council approve the amendments.
G. In accordance with CPMC 17.05.500 the following duly noticed public
hearings were conducted:
1. February 11, 2025 Planning Commission meeting, at which the
Planning Commission considered and approved Resolution No.
928 forwarding a favorable recommendation to the City Council to
approve the proposed amendments; and,
Pg. 1 Ordinance No. 212 .)) (`, A '=/2025)
I
2. February 27, 2025 City Council meeting at which time the City
Council considered the first reading of the ordinance revising
Central Point Municipal Code Chapter 8.24.
H. Words lined through 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 8.24.030 of the Central Point Municipal Code is amended as
follows:
8.24.030 Statement of Purpose.
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 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. Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas;
G. Ensure that potential buyers are notified that property is in an area of special
flood hazard;
H. 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 and preserve the natural and
beneficial functions of the floodplain;
J. Participate in and maintain eligibility for flood insurance and disaster relief.
Section 2. Section 8.24.040 of the Central Point Municipal Code is amended as
follows:
Pg. 2 Ordinance No. 2 `l '� ( /t"-'_)/2025)
8.24.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and
provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which increase flood heights, velocities, or
erosion;
B. Require development that is vulnerable to floods, including structures and
facilities necessary for the general health, safety and welfare of citizens, to be
protected against flood damage at the time of initial construction;
C. 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; a
F. Coordinate with and supplement provisions of State of Oregon Specialty
Codes Enforced by the State of Oregon Building Codes Division7; and
G. Employ a standard of "no net loss" of natural and beneficial floodplain
functions such as flood storage capacity, water quality and riparian
habitat.
Section 3. Section 8.24.050 of the Central Point Municipal Code is amended as
follows:
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 chapter.
"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
Pg. 3 Ordinance No. 2 l2') (3 /i13/2025)
is unpredictable and indeterminate, and where velocity flow may be evident. AO
zones are characterized as having sheet flow, and AH zones indicate ponding.
For both AO and AH zones, adequate drainage paths are required around
structures on slopes to guide floodwaters around and away from proposed
structures.
"Area of special flood hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH,
A1-30, AE, A99, AR. Also known as the special flood hazard area (SFHA).
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year.
"Base flood elevation (BFE)" means the water surface elevation to which
floodwater is anticipated to rise during the base flood. The BFE is depicted on the
flood insurance rate map (FIRM) to the nearest foot and in the flood insurance
study (FIS) to the nearest tenth of a foot.
"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 four feet at any point. Below-grade
crawlspaces are allowed subject to the conditions found in FEMA Technical
Bulletin 11-01 and in Section 8.24.250(E)(3).
"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.
"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;
Pg. 4 Ordinance No. 212), ( 3/ i')42025)
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.
"Datum" means the vertical datum. The vertical datum is a base measurement
point (or set of points) from which all elevations are determined. Historically, that
common set of points has been the National Geodetic Vertical Datum of 1929
(NGVD 1929). The vertical datum currently adopted by the federal government
as a basis for measure heights is the North American Vertical Datum of 1988
(NAVD 1988)
"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
I and materials located within the area of special flood hazard. Exemptions to the
definition of development, for the purpose of administering this chapter, include:
1. Signs, markers, aids, etc., placed by a public agency to serve the public
provided the encroachment in the special flood hazard area is no larger
than a standard utility pole; 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.
"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 nonbasement building that
has its lowest elevated floor raised above ground level by foundation walls, shear
walls, posts, piers, pilings or columns.
"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.
Essential Facility. See "Critical facility."
"FEMA" means the Federal Emergency Management Agency.
Pg. 5 Ordinance No. 212.- ( ') /0)/2025)
"Fill" means the placement of any materials such as soil, gravel, crushed
stone, or other materials that change the elevation of the floodplain. The
placement of fill is considered "development."
"Fish Accessible Space" means the volumetric space available in the
floodplain for fish to access.
"Fish Egress-able Space" means the volumetric space available in the
floodplain for fish to exit or leave.
"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.
"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.
"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.
"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 a designated height.
"Functionally Dependent Use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading
and unloading of cargo or passengers, and ship building and ship repair facilities,
and does not include long term storage or related manufacturing facilities.
"Green Infrastructure" means the use of natural or human-made hydrologic
features to manage water and provide environmental and community
benefits. Green infrastructure uses management approaches and
technologies that use, enhance, and/or mimic the natural hydrologic cycle
processes of infiltration, evapotranspiration, and reuse. At a large scale, it
is an interconnected network of green space that conserves natural
systems and provides assorted benefits to human populations. At a local
scale, it manages stormwater by infiltrating it into the ground where it is
generated using vegetation or porous surfaces, or by capturing it for later
reuse. Green infrastructure practices can be used to achieve no net loss of
pervious surface by creating infiltration of stormwater in an amount equal
Pg. 6 Ordinance No. 2 t2- ? (3 /i 3/2025)
to or greater than the infiltration lost by the placement of new impervious
surface.
"Habitat Assessment" means a study that reviews and evaluates the
potential impacts of proposed development on natural and beneficial
floodplain functions and ensures "no net loss" of flood storage capacity,
water quality and riparian habitat.
"Habitat Restoration Activities" means temporary activities with the sole
purpose of restoring habitats to a healthy, sustainable and functional
system. Such activities cannot include ancillary structures such as a
storage shed for maintenance equipment, must demonstrate that no rise in
the BFE would occur as a result of the activities, must obtain a CLOMR and
LOMR, and must have obtained any other required permits (e.g., CWA
Section 404 permit).
"Hazard Trees" means standing dead, dying, or diseased trees or ones with
a structural defect that makes it likely to fail in whole or in part and that
present a potential hazard to a structure or otherwise presents a significant
health, life safety concern.
"Highest Adjacent Grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
"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
Pg. 7 Ordinance No. L O., /I :`,/2025)
b. Directly by the Secretary of the Interior in states without approved
programs.
"Hydraulically Equivalent Elevation" means a location (e.g., a site where no
net loss standards are implemented) that is approximately equivalent to
another (e.g., the impacted site) relative to the same 100-year water surface
elevation contour or base flood elevation. This may be estimated based on
a point that is along the same approximate line perpendicular to the
direction of flow.
"Hydrologically Connected" means the interconnection of groundwater and
surface water such that they constitute one water supply and use of either
results in an impact to both.
"Impervious Surface" means a surface that cannot be penetrated by water
and thereby prevents infiltration and increases the amount and rate of
surface water runoff, leading to erosion of stream banks, degradation of
habitat, and increased sediment loads in streams. Such surfaces can
accumulate large amounts of pollutants that are then "flushed" into local
water bodies during storms and can also interfere with recharge of
groundwater and the base flows to water bodies.
"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;
"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.
"Low Impact Development" or (LID) means an approach to land
development (or redevelopment) that works with nature to manage
stormwater as close to its source as possible. It employs principles such
as preserving and recreating natural landscape features and minimizing
effective imperviousness to create functional and appealing site drainage
that treats stormwater as a resource rather than a waste product. LID refers
Pg. 8 Ordinance No. Z 1 Z 3 /I /2025)
to designing and implementing practices that can be employed at the site
level to control stormwater and help replicate the predevelopment
hydrology of the site. LID helps achieve no net loss of pervious surface by
infiltrating stormwater in an amount equal to or greater than the infiltration
lost by the placement of new impervious surface. LID is a subset of green
infrastructure.
"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 nonelevation design
requirements found in Section 8.24.250(B)(2) and (3).
"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.
"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.
"NFIP" means National Flood Insurance Program.
"No Net Loss" means a standard where adverse impacts must be avoided
or offset through adherence to certain requirements so that there is no net
change in the function from the existing condition when a development
application is submitted to the state, tribal, or local jurisdiction. The
floodplain functions of floodplain storage, water quality, and vegetation
must be maintained.
"Offsite" means mitigation occurring outside of the project area.
"Onsite" means mitigation occurring within the project area.
"Ordinary High Water Mark" means the line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a
clear, natural line impressed on the bank; shelving; changes in the
character of soil; destruction of terrestrial vegetation; the presence of litter
and debris; or other appropriate means that consider the characteristics of
the surrounding areas.
Pg. 9 Ordinance No. 22"?) (`)/1")>/2025)
"Qualified Professional" means a Natural Resource professional qualified
to complete the technical tasks identified in these Guidelines, as
demonstrated through attainment of one or more of the following
credentials:
1. An advanced degree (Masters, PhD) in a Natural Resource related
field, and 3 years relevant work experience;
2. Bachelor's degree in in a Natural Resource related field, and 5 years
relevant work experience;
3. An Associate degree or minimum 90 hours of college level credit in a
Natural Resource related field, and 7 years relevant work experience;
or
4. 10 years relevant work experience.
"Reach" means a section of a stream or river along which similar
hydrologic conditions exist, such as discharge, depth, area, and slope. It
can also be the length of a stream or river (with varying conditions)
between major tributaries or two stream gages, or a length of river for
which the characteristics are well described by readings at a single stream
gage.
"Reasonably safe from flooding" means development is designed and built to be
safe from flooding based on consideration of current flood elevation studies,
historical data, high water marks and other reliable data known to the community.
In unnumbered A zones where flood elevation information is not available and
cannot be obtained by practical means, reasonably safe from flooding means
that the lowest floor is at least two feet above Highest Adjacent Grade.
"Recreational vehicle" means a vehicle that is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light duty truck;
and
4. Not primarily designed for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use.
"Riparian" means an area of, adjacent to, or living on, the bank of a river,
lake, pond, or other water body.
"Silviculture" means the art and science of controlling the establishment,
growth, composition, health, and quality of forests and woodlands.
Pg. 10 Ordinance No. 2.-t'L ( .3/t_2/2025)
"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 ten-year period whereby the cost of
restoring the structure for which the cost of repairs to its before damaged
condition would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure within the course of a ten-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.
Pg. 11 Ordinance No. 1 ! z (.3 /i3/2025)
"Undeveloped Space" means the volume of flood capacity and fish-
accessible/egress-able habitat from the existing ground to the Base Flood
Elevation that is undeveloped. Any form of development including, but not
limited to, the addition of fill, structures, concrete structures (vaults or
tanks), pilings, levees and dikes, or any other development that reduces
flood storage volume and fish accessible/egress-able habitat must achieve
no net loss.
"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 surface elevation" means the height, in relation to a specified datum of
floods of various magnitudes and frequencies in the floodplains of riverine areas.
8.24.060 Lands to which this chapter applies.
A. Applicability. This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city. All development within special flood hazard
areas is subject to the terms of this chapter and other applicable regulations.
Nothing in this chapter is intended to allow uses or structures that are
otherwise prohibited by the zoning regulations or specialty codes.
B. Community Boundary Alterations. The Floodplain Administrator shall notify
the Federal Insurance Administrator in writing whenever the boundaries of
the community have been modified by annexation or the community has
otherwise assumed authority or no longer has authority to adopt and enforce
floodplain management regulations for a particular area, to ensure that all
Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps
(FIRM) accurately represent the community's boundaries. Include within
such notification a copy of a map of the community suitable for reproduction,
clearly delineating the new corporate limits or new area for which the
community has assumed or relinquished floodplain management regulatory
authority.
Section 4. Section 8.24.090 of the Central Point Municipal Code is amended as
follows:
Pg. 12 Ordinance No. 21 L-)) ( 3 /i))/2025)
8.24.090 Requirement for 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
Sections 8.24.050, 8.24.250 and 8.24.260), and for all development including
fill and other activities, also set forth in Section 8.24.260. 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 procedure (administrative), applies to the
following floodplain development projects:
a. Site improvements and construction, including but not limited to new
construction, additions, remodels, repairs and renovations located
outside a regulatory floodway;
b. Development activities located outside the special stream setback area
established in Section 17.60.090;
c. Development activities that do not require a conditional letter of map
revision (CLOMR) or letter of map revision pursuant to
Section 8.24.170(A) and (B);
d. Water dependent uses, such as bridges, culverts or other capital
improvements identified in the city's capital improvement program that
do not cause any rise in the base flood elevation per
Section 8.24.200(A);
e. Stream ban-ki stab 'zCtio-n-ffejeGts that-utlize'vegeetative planting
the stream channcl, stream bank or surrounding area:
e. Bridge or culvert replacement projects 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;
iii. The bridge or culvert replacement project is consistent with
any applicable hazard mitigation project actions identified in
the Central Point Hazard Mitigation Plan; and
Pg. 13 Ordinance No. '2 2'3 ( >
iv. The applicant provides certification of floodplain impacts and
encroachment analysis for any permanent bridge or culvert
placement at the time of application and includes:
(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 procedure (administrative), applies to the
following floodplain development applications:
a. Development projects located within the special stream
setback area established in Section 17.60.090;
b. Stream bank stabilization projects that utilize vegetative
planting techniques and contribute no other fill or material
other than vegetation to the stream channel, stream bank or
surrounding area;
c. Proposals for minor partitions defined in Section 16.08.010(14).
3. Section 17.05.400, Type III procedure (quasi-judicial), applies to the
following floodplain development projects:
a. Floodway development proposals except water dependent uses
subject to the Type I review procedures per subsection (A)(1)(d) of
this section;
b. Development proposals that require a conditional letter of map
revision (CLOMR) and/or letter of map revision (LOMR) pursuant to
Section 8.24.170(A) and (B);
c. Stream bank stabilization projects that utilize methods other than
vegetative plantings to achieve shoreline stabilization and safety;
d. Projects requesting a variance to the provisions of this chapter.
Section 5. Section 8.24.130 of the Central Point Municipal Code is amended as
follows:
8.24.130 Duties and responsibilities of the floodplain administrator.
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;
Pg. 14 Ordinance No. ? 2 )) ( /i),/2025)
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 chapter;
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;
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
chapter;
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 chapter
have been met, or deny the same in the event of noncompliance;
J. Coordinate with the building official to assure that the applications for building
permits comply with the requirements of this chapter;
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 nonresidential 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;
Pg. 15 Ordinance No. 2 1.2 .). ( >/ 6/2025)
9
M. Ensure that all records pertaining to the provisions of this chapter 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 chapter,
and to verify that existing buildings and structures maintain compliance with
this chapter;
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 hazard7; and
Q. Review all permits to determine if the proposed development is in
compliance with the no net loss standards in CPMC 8.24.040(G), ensure
the proposed development does not reduce any flood storage capacity,
water quality or riparian habitat, and is in compliance with the
Endangered Species Act through the Habitat Assessment analysis.
Section 6. Section 8.24.140 of the Central Point Municipal Code is amended as
follows:
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;
b. Top of the proposed garage slab, if any; and
Pg. 16 Ordinance No. 2-0.- )) (3/i3/2025)
c. Next highest floor;
4. Locations and sizes of all flood openings in any proposed building;
5. Elevation to which any nonresidential structure will be floodproofed;
6. Certification from a registered professional engineer or architect that any
proposed nonresidential 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-; and
10. A Habitat Assessment prepared by a qualified professional as
defined in Section 8.24.050 that demonstrates compliance with No
Net Loss standards for proposed development in accordance with
the Floodplain Habitat Assessment and Mitigation Guidelines
provided by the Federal Emergency Management Agency (Regional
Guidance for Oregon August 2024 or as amended).
a. A habitat assessment includes all plans and reports prepared
in support of a development
b. In lieu of hiring a qualified professional, the property owner
may elect to submit the habitat assessment to an independent
third-party review to ensure completeness and accuracy. For
purposes of this section, independent review means: a review
of the report by a qualified professional. The cost of the
independent third-party review shall be the sole responsibility
of the applicant. The applicant shall provide the report of said
review to the city which, to meet these requirements, must
determine that the applicant's habitat assessment, plan and
report is in compliance with all local, state and/or federal
requirements.
c. A habitat assessment submitted in support of floodplain
development projects subject to the Type I review procedures
as established in Section 8.24.090 are not required to be
prepared by a Qualified Professional, except when the Director
determines the project will have a significant impact on the
natural and beneficial floodplain functions.
d. Notwithstanding the provisions of Section 8.24.140.A.10, a
habitat assessment is not required for Development of
Pg. 17 Ordinance No. 212'% (3/13/2025)
_
projects that have already received concurrence under another
permit or other consultation with the National Marine Fisheries
Services, either through Section 7, Section 4d, or Section 10 of
the Endangered Species Act that addresses the entirety of the
project in the floodplain.
B. Construction Stage.
1. For all new construction and substantial improvements, the permit holder
shall provide to the floodplain administrator an as-built certification of the
floor elevation or floodproofing level immediately after the lowest floor or
floodproofing is placed and prior to further vertical construction;
2. Any deficiencies identified by the floodplain administrator shall be
corrected by the permit holder immediately and prior to work proceeding.
Failure to submit certification or failure to make the corrections shall be
cause for the floodplain administrator to issue a stop-work order for the
project.
C. Certificate of Occupancy.
1. In addition to the requirements of the building codes pertaining to
certificate of occupancy, prior to the final inspection, the owner or
authorized agent shall submit the following documentation that has been
prepared and sealed by a registered surveyor or engineer for review and
approval by the floodplain administrator:
a. For elevated buildings and structures in special flood hazard areas (A
zones), a completed FEMA Elevation Certificate (FEMA Form 81-31)
that includes the as-built elevation of the lowest floor, including
basement or, where no 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 one hundred eighty days
after date of issuance unless the permitted activity has commenced as
provided in the definition of "substantial improvement" in
Section 8.24.050 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
Pg. 18 Ordinance No. 2_l 2 ) ( ; 1t1,/2025)
written one one-hundred-eighty-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 conflicts 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.
Section 7. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-lettered, provided however that any Recitals and boilerplate
provisions (i.e. Recitals A-H) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
SECTION 8. Effective Date. The Central Point City Charter states that an
ordinance enacted by the Council shall take effect on the thirtieth day after its
enactment. The effective date of this ordinance will be the thirtieth day after the
second reading.
Passed by the Council and signed by me in authentication of its passage
this l ) day of (-VAC-LA (. , 2025.
or Taneea caning
TTEST:
City Recorder
Pg. 19 Ordinance No. 2,0 (3 /L5/2025)