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HomeMy WebLinkAboutOrdinance 1767Ordinance No. 17(>7 AN ORDINANCE REVISING CPMC CHAPTER 8.24 RELATING 1'O FLOOD DAMAGE PREVENTION THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN, AS FOLLOWS: Section 1. Central Point Municipal Code Chapter 8.24 is hereby revised to read as follows: Chapter 8.24 FLOOD DAMAGE PREVENTION AND HAZARD MITIGATION Sections: 8.24.010 Statutory Authorization 8.24.020 Findings of Fact 8.24.030 Statement of Purpose 8.24.040 Methods of Reducing Flood Losses 8.24.050 Definitions 8.24.060 Application 8.24.070 Basis for Establishing the Areas of Special Flood Hazard 8.24.080 Penalties for Noncompliance 8.24.090 Abrogation and Greater Restrictions 8.24.100 Interpretation 8.24.110 Warning and Disclaimer of Liability 8.24.120 Establishment of Development Permit 8.24.130 Application for Development Permit 8.24.140 Designation of the City Administrator or his Designee 8.24.150 Duties and Responsibilities of the City Administrator or his Designee 8.24.160 Variance Procedure 8.24.170 General Construction Standards 8.24.180 Specific Additional Standards for Areas of Special Flood Hazard 8.24.190 Specific Additional Standards for Floodways 8.24.200 Specific Additional Standards for Shallow Flooding Areas 1 - ORDINANCE NO. 1767 (051497) 8.24.010 Statutory Authorization. The Legislahrre of the state has in ORS 215.515 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Central Point (City) ordains and sets out The provisions of this chapter. 8.24.020 Findings of Fact. A. The flood hazard areas of the City of Central Point (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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 8.24 030 Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money on costly flood damage and control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water, sanitary sewer, storm drain and gas mains; electric, telephone, and television cable lines; and streets, bridges, and other appurtenances which are located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas G. To ensure that potential buyers are notified that property is in an area of special 2 - ORDINANCE NO. 1767 (051497) flood hazard; and H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.24.040 Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the tune of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging and other development which may increase or modify flood damage; and E. Preventing or regulating the construction of improvements or other barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. 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. A. "Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance. B. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) within the "area of special flood hazard". Area of shallow flooding are areas where the base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO zones are characterized as having sheet flow, and AH zones indicate ponding. C. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year, as designated by the Federal Emergency Management Agency (FEMA); or any additional area, not 3 - ORDINANCE NO. 1767 (051497) designated by FEMA, but suspected of being subject to a one percent or greater chance of flooding in any given year, as designated by the City Administrator or his designee. D. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood". E. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. F. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and consri~uction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. G. "City" means the City of Central Point H. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. I. "Critical facility" means a facility For which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. J. "Development" means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard. K. "Elevated building" means for insurance purposes, anon-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. L. "Existing manufactured home park or subdivision" means a manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads or foundations) is completed before the effective date of the adopted flood damage prevention and hazard mitigation requirements M. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the 4 - ORDINANCE NO. 1767 (051497) manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads or foundations), which are completed after the effective date of adopted flood damage prevention and hazard mitigation requirements. N. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. O. "Flood insurance rate map (FIRM)" means the official map on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. P. "Flood insurance study" means the official report provided by FEMA that includes flood profiles, the flood boundary-floodway map, and the water surface elevations of the base flood. Q. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. R. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure (used solely for parking of vehicles, building access, or storage) in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section 8.24.180.A.2. S. "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." T. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. U. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the adopted flood damage prevention and hazard mitigation requirements. 5 - ORDINANCE NO. 1767 (051497) V. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads or foundations) is completed on or after the effective date of the adopted flood damage prevention and hazard mitigation requirements. W. "Recreational vehicle" means a vehicle which is: Built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; 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. X. "Start of construction" means the date the development permit (which include development, public works, and building permits), was issued, provided the actual start of construction, repair, reconstruction, placement or other substantial improvement was within 180 days of the permit issuance date. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation or blocks. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations; the erection of temporary forms; or the installation of the property or accessory buildings (i.e. garages or sheds) not occupied as dwelling units or which are not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Y. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. Z. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occun•ed. AA. "Substantial improvement" means any repair, reconstruction, or improvement of a 6 - ORDINANCE NO. 1767 (051497) structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the struchire. The term does not, however, include either: 3. Any project for improvement of a struchire to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 4. Any alteration of a structure Listed on the National Register of Historic Places or the Oregon State Inventory of Historic Places. AB. "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. AC. "Water dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. 8.24.060 Application. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. 8.24.070 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for The City of Central Point, dated January 19, 1982," (Flood Insurance Study), or subsequent amendments thereto, with accompanying flood insurance maps, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at City Hall, 155 South Second Street, Central Point, Oregon. The City Administrator or his 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. 7 -ORDINANCE NO. 1767 (051497) 8.24.080 Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any person who violates This chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the general penalty, and in addition shall pay all costs and expenses involved with the case. Nothing contained in this chapter shall prevent City from taking such other lawful action as is necessary to prevent or remedy any violation. 8.24.090 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, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 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. 8.24.110 Warning and Disclaimer of Liabili~. 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 flee 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. 8.24 120 Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8.24.070. The permit shall be for all improvements or structures (including manufactured homes, as set forth in Section 8.24.050, and for all development including fill and other activities, also as set forth in Section 8.24.050. 8 -ORDINANCE NO. 1767 (051497) 8.24 130 Application for Development Permit. Application for a development permit shall be made on forms furnished by the City Administrator or his designee and may include, but not be limited to, plans in duplicate (drawn to scale) showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required: A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures and all public and private improvements (i.e. streets and appurtenances, utilities, drainage facilities, etc.); B. Elevation in relation to mean sea level to which any structure or improvement has been floodproofed; C. Written certification by an Oregon registered pirofessional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria stated in Section 8.24.180.B.; and D. Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. 8.24.140 Designation of the Citv Administrator or his Designee. The City Administrator or his designee is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions, and to administer and implement the other requirements of this chapter. 8.24.150 Duties and Responsibilities of the City Administrator or his Designee. Duties of the City Administrator or his designee shall include, but not be limited to the following: A. Permit Review. 1. Review all development permits submitted to determine that the permit requirements of this chapter have been satisfied. 2. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local regulatory agencies from which prior approval is required. 3. Review all development permits to determine if the proposed development 9 -ORDINANCE NO. 1767 (051497) is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 8.24.190.B. are met. B. Use-of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.24.070, Basis for Establishing the Areas of Special Flood Hazard, the City administrator or his designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or local regulatory agency, or other suitable source (i.e. City approved consultants, scientists, etc., retained by and at the expense of the applicant), in order to administer Sections 8.24.170, 8.24.180, 8.24.190, and 8.24.200. C. Information to be Obtained and Maintained 1. Where base flood elevation data is provided through the Flood Insurance Study or as required in Section 8.24.150.B., the applicant shall provide to the City the actual elevation (in relation to mean sea level, as established by the applicant's Oregon licensed surveyor or registered professional engineer, utilizing a City approved vertical datum benchmark) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level), as provided by the applicant and as certified by the applicant's Oregon licensed surveyor or registered professional engineer, utilizing a City approved vertical datum.; and Section 8.24.130.C. this chapter. Maintain the floodproofing certifications required in Maintain for public inspection all records pertaining to the provisions of D. Alteration of Watercourses. 1. Notify adjacent communities, the Oregon Division of State Lands, and the Army Corp of Engineers prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. 2. Require that provisions and maintenance are provided within the altered or relocated portion of such watercourse so that the flood carrying capacity is not diminished, as certified in writing by an Oregon registered professional engineer and as approved by the City Administrator or his designee. 10 - ORDINANCE NO. 1767 (051497) E. Interpretation of FIRM Boundaries. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.24.160. 8.24.160 Variance Procedure. A. Appeal Board. 1. The common council as established by the City shall act as appeal board and hear and decide appeals and requests for variances from the requirements of this chapter. 2. The common council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City administrator or his designee in the enforcement or administration of this chapter. 3. In passing upon such applications, the common council shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and: injury of others; a. The danger that materials may be swept onto other lands to the b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; applicable; e. The necessity to the facility of a waterfront location, where f The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; 11 -ORDINANCE NO. 1767 (051497) h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; I. 1'he safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, including emergency services and preservation, maintenance, restoration, replacement, and repair of public utilities and facilities. 4. Upon consideration of the factors of Section 8.24.160.A.3., and the purposes of this chapter, the common council may attach such conditions to the granting of vari- ances as it deems necessary to further the purposes of this chapter. 5. The City administrator or his designee shall maintain the records of all appeal actions and report any variances to FEMA upon request. B. Conditions for Variances. 1. Generally, a variance from the elevation standards established in this chapter may only be issued for new construction, or for substantial improvements, which are to be erected/constructed on a lot of one-half acre or less in size contiguous to and sun•ounded by lots with existing structures constructed below the base flood level, providing the conditions of Section 8.24.160.A.3. have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, provided the conditions of Section 8.24.160.A.3. have been fully considered. 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary (inconsideration of the flood hazard) to afford relief. Variances shall only be issued upon: a. A showing of good and sufficient cause; 12 -ORDINANCE NO. 1767 (051497) b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; a A determination that the granting of a variance will not result in increased flood heights, a significant increase/extension in the flood zone boundary, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing state and local laws or ordinances. 6. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property, they are not personal in nature, and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. 7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than impermeable, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Section 8.24.160.B.1., and otherwise complies with Section 8.24.170. 8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the elevation standards established in this chapter, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 8.24.170 General Construction Standards. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use ofover-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 All new construction and substantial improvements shall be conshucted 13 -ORDINANCE NO. 1767 (051497) with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 2. New and replacement sanitary sewage systems shall be designed to mitigate or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Storm drain systems shall be designed to adequately and completely drain all flood waters, when the flood levels diminish at the point of discharge. Discharge ends of storm drainage systems shall be equipped with suitable devices which prevent the backflow of flood waters up through the storm drain collection and conveyance system. D. Subdivision Proposals flood damage; All subdivision proposals shall be consistent with the need to minimize 2. All subdivision proposals shall have public utilities and facilities such as sewer, natural gas, electrical, telephone, storm drain; cable television, and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage facilities and appurtenances that effectively drain the proposed subdivision and connecting properties (as applicable) to reduce exposure to flood damage; and, 4. Where base flood elevation data has not been provided or is not available from FEMA or another City approved authoritative source, it shall be generated at the expense of the applicant, and as approved by the City Administrator or his designee, for subdivision and 14 - ORDINANCE NO. 1767 (051497) major and minor land partition proposals. E. Review of Building Permits. Where elevation data is not available either through FEMA or from another City approved authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment by the City Administrator or his designee, and includes use of historical data, high water marks, photographs of past flooding, etc., where available. In these areas, if the Base Flood Elevation cannot be established, the lowest floor elevation, including basement, must be a minimum of two feet above finished grade or one foot above the known high water mark, whichever is greater. 8.24.180 Specific Additional Standards for Areas of Special Flood Hazard In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 8.24.070, Basis for Establishing the Areas of Special Flood Hazard or Section 8.24.150.B., Use of Other Base Flood Data, the following provisions are required: A. Critical Facilities. Critical facilities shall not be constructed within areas of special flood hazards. B. Residential Construction 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must be either certified by an Oregon registered professional engineer or architect and must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. C. Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, 15 - ORDINANCE NO. 1767 (051497) including basement, elevated at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be flood-proofed so that structures below the base flood level are watertight with walls impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by an Oregon registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such written certifications shall be provided to the City Administrator or his designee as set forth in Section 8.24.150.C.2.; 4. Nonresidential structures that are elevated and not flood-proofed, must meet the same standards for space below the lowest floor as described in 8.24.180 A.2.; 5. An applicant who flood-proofs nonresidential buildings will have flood insurance premiums which are based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level elevation will be rated as one foot below the base flood elevation). D. Manufactured Homes 1. All manufactured homes to be placed or substantially improved within areas of special flood hazard shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. E. Recreational Vehicles. Recreational vehicles placed on sites within areas of special flood hazard must either: 1. Be fully licensed and ready for highway use; is on its wheels or jacking system; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 2. Meet the requirements of 8.24.180.C., and has the elevation and anchoring requirements for manufactured homes. 8.24.190 Specific Additional Standards for Floodwa~ Located within areas of special 16 - ORDINANCE NO. 1767 (051497) flood hazard established in Section 8.24.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, development will not normally be allowed within the floodway. However, if development is allowed within the floodway by the City Administrator or his designee, then the following provisions will apply: A. Responsibility 1. Private Property. The property owner is responsible for maintenance and for activities within the floodway on private property. 2. Public Property. The City is responsible for maintenance and for activities within the floodway on public property within the City. 3. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by an Oregon registered professional engineer is provided demonstrating that encroachments shall not result in any increase in base flood levels during the occurrence of the base flood discharge, as approved by the City Administrator or his designee. 4. If the condition of Section 8.24.190.A.3. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8.24.170. B. Encroachments 1. As certified by an Oregon registered professional engineer, retained by the applicant, no new construction, improvements or reconstruction, or rebuilding of stream banks for purposes of erosion protection shall be done or caused to be done within thirty-five (35) feet outside the floodway boundary unless: a. There is no increase in base flood levels during the occurrence of the base flood discharge; b. The stream flow capacity will not be adversely affected; and the proposed work. c. There will be no adverse effects on up- or downstream properties; There will be no adverse erosion or deposition problems caused by 17 - ORDINANCE NO. 1767 (051497) 2. In cases involving new construction or substantial improvements, including filling by the landowner, the landowner shall retain a registered professional engineer who shall certify to the satisfaction and approval of the City Administrator or his designee that the proposed work complies with the terms of Section 8.24.190.8.1. 3. In the case of reconstruction or rebuilding of stream banks by the owner for proposed erosion protection, an Oregon registered engineer's certification may not be required if, in the opinion of the City Administrator or his designee, that the requirements of section 8.24.190 (B) (1) have been met and, in connection with rendering such determination, the City Administrator or his designee may consult with the appropriate regulatory or resource agencies before approving the request. C. Mobile Homes. No mobile home shall be placed in a floodway except in an existing mobile home park or an existing mobile home subdivision, as conditionally approved by the City Administrator or his designee, in consideration of the conditions of Section 8.24.160.B. 8.24.200 Specific Additional Standards for Shallow Floodin Areas Shallow flooding areas appear on FIRMS as AO or AH zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In the shallow flooding areas, the following provisions apply: A. New construction and substantial improvements of residential structures and manufactured homes within areas of shallow flooding shall have the lowest floor (including basement) elevated above the existing highest grade (within 10 feet of the existing or proposed building), one foot or more above the depth number specified on the FIRM, or at least two feet if no depth number is specified. B. New construction and substantial improvements of nonresidential structures within areas of shallow flooding shall either: 1. Have the lowest floor (including basement) elevated above the existing highest grade (within 10 feet of the existing or proposed building), one foot or more above the depth number specified on the FIRM, or at least two feet if no depth number is specified; or 2. Together with attendant utility and sanitary facilities, be completely flood- proofed to or above that level so that any space below that level is watertight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by an Oregon registered professional engineer or architect. 18 -ORDINANCE NO. 1767 (051497) C. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. D. Recreational vehicles placed on sites within areas of shallow flooding shall either: 1. Be fully licensed and ready for highway use; is on its wheels orjacking system; is attached to the site only by quick disconnect type utilities and security devices; and has no permanently attached additions; or 2. Meet the requirements of Section 8.24.180.C. and the elevation and anchoring requirements for manufactured homes stated in Section 8.24.170. Section 2. An emergency is hereby declared to exist, and this ordinance shall take effect immediately upon passage. Passed by the Council and signed by me in authentication of its passage this 14th day of May. 1997. _.__ __.> ~`~~_, Mayor Rusty McGrath ATTEST: ~l~t-~ ~i~? ~i~ ~IC~ City Representative Approved by me this 14th day of May. 1997. ~~ `t~,~-, Mayor Rusty McGrath 19 -ORDINANCE NO. 1767 (051497)