HomeMy WebLinkAboutOrdinance 1406ORDINANCE NO. 1406
AN ORDINANCE ESTABLISHING A FLOOD PLAIN MANAGEMENT
PROGRAM FOR FLOOD DAMAGE PREVENTION
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWSa
There is hereby added to the Municipal Code. of the City of
Central Point, Chapter 8.24, which is to read as follows:
Chapter 8.24
FLOOD DAMAGE PREVENTION
8.24.010 Statutory authorization. T'he legislature of the
State of Oregon 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, Oregon does
ordain as follows,.
8.24.020 Statement of purpose. It is the purpose of this
ordinance to promote the public. health, safety and general welfare,
and to minimize public and private losses due to flood conditions
in specific areas by methods and provisions designed 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 fac-
lities which serve such uses, be protected against flood damage at
the time of initial construction.,
C. Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accommodate
or channel flood waters;
D. Controlling filling, grading, dredging and other develop-
ment which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards in other areas.
8..24..030 Definitions. Unless specifically defined below,
words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
"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.
'°Base Flood'° means the flood having a one percent chance of
being equalled or exceeded in any given year.
Page 1 - Ordinance No . x.406
"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.
"Flood" or "Flooding" means a general and temporary con-
dition of partial or complete inundation of normally dry land
areas from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation of runoff of surface
waters from any source.
"Flood Insurance Rate Map" (FIRM) means the official map on
which the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood Insurance Study" means the official report provided by
the Federal Insurance Administration that includes flood profiles,
the Flood Boundary-Floodway Map, and the. water surface elevation
of the base flood.
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to dis-
charge the base flood without cumulatively increasing the water
surface elevation more than one foot.
"Habitable Floor" means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation,
or a combination thereof. A floor used only for storage purposes
is not a "habitable floor".
"Mobile Home" means a structure that is transportable ~.n one
or more sections, built on a permanent chassis, and designed to
be used with or without a permanent foundation when connected to
the required utilities. It does not include recreational vehicles
or travel trailers.
"New Construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance..
"Start of Construction" means the first placement of perma-
nent construction of a structure (other than a mobile. home} on a
site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. Permanent construction does not include
land preparation, such. as clearing, grading and filling, nor does
it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers or founda-
tions or the erection of temporary forms; nor does it include the
installation. on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not as part
of the main structure.
"Structure" means a walled and roofed building or mobile home
that is principally above ground.
"Substantial Improvement" means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure eithers
A. Before the improvement or repair is started, or
Page 2 - Ordinance No . ~.~06
B. 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.
8.24..040 Lands to which this ordinance applies. This ordi-
nance shall apply to all areas of special flood hazards within
the jurisdiction of the City of Central Point, Oregon.
8.24.050 Basis for establishing the areas of special flood
hazard. The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the City of Central
Point, Oregon" dated September 21, 1978 with accompanying Flood
Insurance Maps is hereby adopted by reference and declared to be
a part of this ordinance. The Flood Insurance Study is on file at
Central Point City Hall, 151 South Second Street, Central Point,
Oregon 97502.
8.24.060 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.
8.24.050. The permit shall. be for all structures including mobile
homes, as set forth in the "Definitions" and for all other develop-
ment including fill and other activities, also as set forth in the
'`Definitions °` .
8.24.070 Designation of the City Administrator. The City
Administrator, or his delegated authority, is hereby appointed to
administer and implement this ordinance by granting or denying
development permit. application in accordance with its provisions.
8.24.080 Duties and responsibilities of City Administrator.
Duties of the City Administrator, or his delegated authority, shall
include, but not be limited, to:
A. Permit Review.
(1) Review all development permits to determine that the
permit requirements of .this ordinance have been satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which .prior approval is required.
(3} Review all development permits to determine if the
proposed development is located in the floodway. If located in
the floodway, assure that the encroachment provisions of Section
8.24.110 (A) are met.
B. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 8.24.050,
"Basis for establishing the areas of special flood. hazard", the
City Administrator, or his delegated authority shall obtain, review
and reasonably utilize any base flood elevation data available from
a federal, state or other source, in order to administer Sections
Page 3 - Ordinance No. 1~0~
8.24.100(A) °'Specific standards, residential construction, and
8.24.100(B) °'Specific standards, nonresidential construction".
C. Information to be obtained and maintained.
(1) Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (includes base-
ment) of all new or substantially improved structures, and whether
or not the structure contains a basement.
(2) For all new or substantially improved floodproofed
structures:
(a) Verify and record the actual elevation (in
relation to mean. sea level) and
(b) Maintain the floodproofing certifications
required in Section 8.24.100(B)(2).
D. Alteration of watercourses.
(1) Notify adjacent communities or any affected entities
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance. is provided within the
altered or relocated portion of said watercourse so that flood
carrying capacity is not diminished.
E. Interpretation of FIRM boundaries. P'~ake interpretations
where needed., as to 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. Such
appeals shall be granted consistent with the standards of Section
1910.6 of the rules and regulations of the National Flood Insurance
Program (24CFR 1909, etc.).
8.24.090 General. standards for flood hazard protection. In
all areas of special flood hazards the following standards are required.
A. Anchoring.
(1) All new and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(2) All mobile homes shall be anchored to resist flotation,
collapse or lateral movement by providing over the top and frame
ties to ground anchors. Specific requirements shall be that:
(a) Over the top ties be provided at each of the four
corners of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than 50 feet long
requiring one additional tie per side;
(b) Frame ties be provided at each corner of the home
with five additional ties per side at intermediate points, with
mobile homes less than 50 feet long requiring four additional ties
per side;
(c) Any additions to the mobile home be similarly
anchored.
(3) An alternative method of anchoring may involve a
system designed to withstand a wind. force of 90 miles per hour or
greater. Certification must be provided to the City Administrator,
or his delegated authority that this standard has been met.
Page 4 - Ordinance No . A~O~,
B. Construction materials and methods.
(1) All new construction and substantial improvements
shall be constructed with materials and utility equipment resistent
to flood damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that minimize
flood damage.
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 minimize or eliminate infiltration of flood waters into
the system 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.
D. Subdivision proposals.
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage, and
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development which contain at
least 5-0 lots or five acres (whichever is less).
E. Review of building permits. Where elevation data is not
available, 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 and includes
use of historical data, high water marks, photographs of past flooding,
etc., where available.
8.24..100 Specific standards for flood hazard protection. In all
areas of special flood hazards where base flood elevation data has
been provided as set forth in Section 8.24.050 "Basis for establish-
ing the areas of special flood hazard°° or Section 8.24.080(B) °°Use
of other base flood data", the following provisions are required:
A. Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated one foot above the base flood elevation.
B. Nonresidential construction. New construction and substan-
tial improvement of any commercial, industrial or other nonresiden-
tial. structure shall. either have the lowest floor, including base-
ment, elevated to a level one foot above the level of the base flood
elevation; or, together with attendant. utility and sanitary facli-
ties, shall:
(1) Be floodproofed so that below the base flood level
the structure is watertight. with walls substantially impermeable
to the passage of water;
(2) Have structural components capable of resisting
Page 5 - Ordinance No . 140
hydrostatic loads, hydrodynamic loads and effects of buoyancy;
and
(3) Be certified by a registered professional engineer
or architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the official as set forth
in Section 8.24.080(C)(2).
C. Mobile homes..
(1) 1~Iobile homes shall be anchored in accordance with
Section 8.24.090(A).
(2) Far new mobile home parks and mobile home subdivi-
sions; for expansions to existing mobile home parks and mobile
home subdivisions; for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction or improvement of
the streets, utilities and pads equals or .exceeds 50 percent of
value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and for mobile homes
not placed in a mobile home park or mobile home subdivision, require
thate
(a) Stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile home will be at
or above the base flood level;
(b) Adequate surface drainage and access for a
hauler are provided; and
(c) In the instance of elevation on pilings, thats
Lots are large enough to permit steps;
Piling foundations are placed in stable soil
no more than ten feet apart; and
Reinforcement is provided for pilings more
than six feet above ground level..
(3) No mobile home shall be placed in a floodway, except
in an existing mobile home park or mobile home subdivision.
8.2.4.110 Floodways. Located within areas of special flood
hazard established in Section 8.24.050 are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential pro-
jectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachment, including fill, new construction,
substantial improvements, or other development unless certification
by a registered professional engineer or architect is provided
demonstrating that encorachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
B. If Section 8.24.110(A) is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Sections 8.24.090, 8.24.100 and
8.24.110.
C. Prohibit the placement of any mobile homes, except in an
existing mobile home park or existing mobile home subdivision.
8.24.120 Variances. Variances will be issued only in accordance
with Federal Guidelines of Section 1910..6 of Federal Insurance Regu-
Page 6 - Ordinance No . 106
lations.
Passed by the Council and signed by me in authentication of
its passage this ~.1~~ day of
ATTEST:
~,.-~
Ci y horde
Approved. by me this ~~ da
yo r
9
o f ,,~~..~~.~.,,,, 19 8 0 .
Page 7 - Ordinance No . ~,~.~~