HomeMy WebLinkAboutOrdinance 1768ORDINANCE NO. % ; (>
AN ORDINANCE AMENDING CPMC 824.190 PERTAINING TO FLOODWAY
BOUNDARY SETBACKS
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN, AS
FOLLOWS:
Section 1. Central Point Municipal Code Section 8.24.190 is hereby amended to read
as follows:
8.24.190 Specific Additional Standards for Floodways Located within areas of special flood
hazard established in Section 8.24.070 are areas designated as floodways. Since the floodway is an
extremely hazardous azea 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. Ifthe condition of Section 8.24.190.A.3. is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction provisions of
Sections 8.24.170 an[l I$b.
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 -
the floodway boundary unless:
a. There is no increase in base flood levels during the occurrence of the
base flood discharge;
b. The stream flow capacity will not be adversely affected;
c. There will be no adverse effects on up- or downstream properties; and
d. There will be no adverse erosion or deposition problems caused by the
proposed work.
1 -ORDINANCE NO. ~ ~~%j' (070397)
2. In cases involving new construction or substantial improvements, including
filling by the landowner, the landowner shall retain a registered professional engineer who shall certify
to the satisfaction and approval of the City Administrator or his designee that the proposed work
complies with the terms of Section 8.24.190.B.1.
3. In the case of reconstruction or rebuilding of stream banks by the owner for
proposed erosion protection, an Oregon registered engineer's certification may not be required if, in
the opinion ofthe 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.
ection 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 ~ day of
~~1~ , 1997. ` _~
--
Mayor Rusty McGrath
ATTEST:
City Representative
Approved by me this ' ~' day of ~ , 1997.
,,
-~.--,
Mayor Rusty McGrath
2 -ORDINANCE NO. ~~ (070397)