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ORDINANCE N0. 1585 -
AN ORDINANCE REPEALING CHAPTER 8.24 OF THE CENTRAL POINT
MUNICIPAL CODE AND ESTABLISHING A REVISED CHAPTER 8.24 IN.
COMPLIANCE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN
REGARD TO FLOOD DAMAGE PREVENTION AND DECLARING AN EMERGENCY
WHEREAS, the Federal Emergency Management Agency has determined the need
to amend the National Flood Insurance Program Guidelines affecting flood plains
within communities, and
WHEREAS, the City of Central Point adheres to standards prescribed by the
Federal Emergency Management Agency and recognizes a need to comply with the
amendments prescribed by the same; now, therefore,
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.24 of the Central Point Municipal Code is hereby
repealed, and new Chapter 8.24 shall be established as follows:
Chapter 8.24
FLOOD DAMAGE PREVENTION
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 Lands to Which this Ordinance Applies
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 f,or 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 Standards
8._24.180 Specific Standards
8.24.190 Floodways
8.24.010 Statutory Authorization. The 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
` Ordinance No. 1585 - Page .1
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welfare of its citizenry. Therefore, the City of Central Point, Oregon, does
ordain and set out the provisions of this chapter.
8.24.020 Findings o'£ Fact.
A. The flood hazard areas of Central Point are subject to periodic inun-
dation which results in loss of life and property, health, and safety hazards,
disruption of commerce and governmental services, extraordinary public expendi-
Cures 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 in-
adequately 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 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 provisions
designed: ',
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control
projects;
C. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to ,public facilities and utilities such as water
and gas mains., electric, telephone and sewer lines, streets, and bridges
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 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 ordinance 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 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 development which
may increase flood damage; and
E. Preventing or regulating the construction of flood 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 ordinance shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most reason-
able application.
Ordinance No. 1585 - Page 2
A: `"Ap"peal" means a request for a review of the City Administrator's or
-. his d"esignee!s interpretation of any provision of this ordinance or a request
`for a variance.
B. "Area of~shallow flooding" means a designated AO or AH Zone on the
~Fiood Insurance Rate Map (FIRM). The base flood depths range from one to three
feet; a clearly..defined channel does not exist; the path of flooding is unpre-
°dictable and indeterm~,nate;".and, velocity flow may be.evident. AO is charac-
terized as-sheet flow ,and AH indicates 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. Designation on maps always includes the letters A or. V.
• D. "Base flood'.' means.ahe flood having.a one percent chance of being
equalled or .exceeded in any .given year. Also ref erred.. to as the "100-year
" flood." Designation on maps always includes the letter"s A or V.
"" E. "Development"'means any man-made change to improved or unimproved real
estate, including .but not limited to buildings or other structures, mining,
dredging, filling, graiiing, paving, excavation or drilling operations located
within the area of special flood hazard.
- ~ F: "Flood"'or "flooding",means a general; and temporary condition or par-
- tial or complete inundation of normally dry land areas from:
1. The over-flow-of inland or tidal waters and/or
2. The unusual and rapid accumulation of runoff `of surface waters
from any source. .
G." "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.
H. "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 ,2.
L.. "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.
-J. "Lowest floor"means the lowest floor of the lowest enclosed area
(including basement). 'An-unfinished or flood res"istant enclosure, usable
soleiy.for._parking of vehicles, building access or storage, in an area other
than "abasement area, is not considered a building's lowest floor,°:provided
.that such enclosure i.s.not built.so as to render the structure in violation of
" ~. ~ the applicable non-elevation design requirements of this ordinance found at
Section 8.24.L80, A., 2.
K.'","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 pe"rmanent foundation;when connected to the. required utilities. For,
flood plain management purposes, the term "manufactured home" also includes
mobile homes, park trailers, travel trailers, and other similar vehicles. placed
on a site •f or greater than" 180 consecutive days. For insurance purposes, the
term "manufactured home" does not include park trailers, travel trailers, and
other,simila"r vehicles:
- ~'`:L. "Manufactur.ed home park or subdivision" means a parcel (or contiguous
.".: `,;:parcels)"of.land divided into two or more manufactured home lots for rent or
sale:.
~~ M. "New construction" means structures for which the "start of construe-
" tion" commenced on or.after.the effectibe date of this .ordinance.
'. N. "Start of construction" includes substantial improvement, and means
`the date„the, building permit was issued, provided the actual start of construe- "
ton,'`repair; reconstruction, placement or other improvement was within 180
days of ~fhe permit date. The. actual start means either the first placement of"~.
,~ ~ Ordinance-No.. 1585 - Page 3
` °.
-,,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. Permanent construction does not include land preparation, such as
clear•~ing, grading and filling; nor does it include the installation o"f streets
and/or walkways; nor does it include excavation for abasement, footings,".
- piers,-~or foundation or-the erection 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 part of the main structure.
'.. ;0 "Structure" means a walled and roofed building including a gas~or:
_, `~ liqud..storage tank that is principally above ground. `
,- ~LP. "Substantial improvement" means any repair, reconstruction,.or,im-
provement of a 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 improve-
went" 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 either: -
1.. `Any project for improvement of a structure to comply with exis.t-
ing state or local health, sanitary, or safety code specifications which are
solely-'necessary to assure safe living conditions, or
2.. Any alteration'of a structure listed on,the National Register of
Historic Places::or a State Inventory of Historic Places.. -
Q. "Variance" means a grant of relief from the..requirements of this ord-
' nance.which.permits construction in a manner.that.would o:therwise.be prohibited
' - 'by this ordinance . :.'
- `. 8.24.060 Lands to Which this .Ordinance Applies. This:ordinance shall
apply to all .areas of special flood hazards within the jurisdiction of the.City '
of~Gentral`Point.
~._ 8 24.070 Basis~for.Establishing the Areas. of Special Flood Hazzard.: The
„. _ ,.
areas of special flood~'hazard identified by the Federate Insurance Administra-
ton.iri a.scientific:and engineering report entitled "The Flood Insurance-Study
n
for ahe City of Central-Point, dated January 19, 1982, with accomganyng.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 City Hall, 155,South Second
Street, Central Point.; Oregon.
-. 8.24.080 Penalties for Noncompliance. No structure or land shall .here.-
located, extended, converted, or altered without full
. after` ~be'constructed,
compliance with the terms~of this ordinance and other-applicable regulations.
Violation of the provisions of this ordinance by failure to comply with. any. of
`". its requirements (including violations ofconditions and safeguards established
in~connection with conditions) shall constitute a misdemeanor. Any person who.
::~. ~ violates-:this ordinance or fails to comply with any of its requirements shall _;
upon conviction thereof be fined not more than $200.00 or imprisoned for not-
more°.'than 30 days, or .both, for each violation, and in addition sfiall pay all
' ,:.costs"and expenses involved with the case. Nothing herein contained shall pre-
-~.: vent .;ttie ;City of Central Point from taking such other lawful action as is
necessary.to prevent or remedy any violation.
`~; Ordinance-No, 1585 _ Page 4
8.24.090 Abrogation and Greater Restrictions. This ordinance is not
intended to repeal, abrogate, or impair any existing easements, convenants, or
deed restrictions. However, where this ordinance and another ordinance, ease-
ment, covenant, o.r deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
8.24.100 Interptetation. In the interpretation and application of this
ordinance, 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
State statutes.
8.24.110 Warning and Disclaimer of Liability. The degree of flood pro-
tection required by this ordinance is considered reasonable for regulatory pur-
poses and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazards or uses permited within such areas will be free
from flooding or flood damages. This ordinance shall not create liability on
the part of the City of Central Point, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reli-
ance on this ordinance or any administrative decision lawfully made hereunder.
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 structures including manufactured homes, as set forth in the "Definitions",
and for all development including fill and other activities, also as set forth
in the "Definitions".
8.24.130 Application for Development Permit. Application for a develop-
ment 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 (includ-
ing basement) of all structures;
B. Elevation in relation to mean sea level to which any structure has
been floodproof ed;
C. Certification by a registered professional engineer or architect that
the floodproofing methods for any nonresidential structure meet the floodproof-
ing criteria in Section $.24.180, B., and
D. Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
8 24 140 Designation of the City Administrator or his Designee. The City
Administrator or his designee is hereby appointed to administer and implement
this ordinance by granting or denying development permit applications in
accordance with its provisions.
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:
Ordinance No. 1585 - Page 5
A. •Permit Review.
1. Review all development permits to determine that the permit re-
quirements 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 8.24.190, 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, obtains,
reviews, and reasonably utilizes any base flood elevation and floodway data
available from a federal, state or other source, in order to administer
Sections 8.24.180, Specific Standards, and 8.24.190, Floodways.
C. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood
Insurance Study or required as in Section 8.24.150,,8., obtain and record the
actual elevation (in relation to mean sea level) of the lowest floor (including
basement) 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 8.24.130, C.
3. Maintain for public inspection all records pertaining to the pro-
visions of this ordinance.
D. Alteration of Watercourses.
1. Notify ad3acent communities and the Division of State Lands 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 relo-
cated portion of said watercourse so that the flood carrying capacity is not
diminished.
E. Interpretation of FIRM Boundaries. Make 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 boun-
dary 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 of Central Point
shall hear and decide appeals and requests for variances from the requirements
of this ordinance.
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 of his designee in the enforcement or administration
of this ordinance.
3. In passing upon such applications, the common council shall con-
sider all technical evaluations, all relevant factors, standards specified in
other sections of this ordinance, and:
a. The danger that materials may be swept onto other lands to
the injury of others;
Ordinance No. 1585 - Page 6
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 damag2 on the individual owner;
" d. The importance of the services provided by the proposed
facility to the community;
e. The necessity to the facility of a waterfront location,
where applicable;
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;
h. The relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
i. The 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 flood waters 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 maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
4. Upon consideration of the factors of Section 8.24.160; A., 3.,
and the purposes of this ordinance, the common council may attach such condi-
tions to the granting of variances as it deems necessary to further the:pur-
poses of this ordinance.
5. The City Administrator or his designee shall maintain the records
of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
B. Conditions for Variances.
1. Generally, the only condition under which a variance from the
elevation standard may be issued is for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size conti-
guous to and surrounded by lots with existing structures constructed below the
base flood level, providing items a. through"k. in Section 8.24.160, A., 3.,
have been fully considered. As the lot size increases, the technical justifi-
cation 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, without regard to the procedures set
forth in this section.
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, considering the flood hazard, to afford
relief.
5. Variances shall only be issued upon:
a. A showing.of good and sufficient cause;
b. A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
c. A determination that the granting of a variance will not re-
sult in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization
of the public as identified in Section 8.24.160, A., 3., or conflict with
existing local laws or ordinances.
Ordinance No, 1585 _ page 7
• 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 densly 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 floodproof ing than watertight
or dry-floodproof ing, where it can be determined that such action will have low
damage potential, complies with all other variance criteria except 8.24.160,
B., 1., and otherwise complies. with Sections 8.24.170, A., and 8.24.170, B., of
the General Standards.
8. Any applicant to wham 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 base flood elevation 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 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 flo-
tation, collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are
not limited to, use of over-the-top or frame ties to ground anchors (Reference
FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for
additional techniques).
B. Construction Materials and Methods.
1., All new construction and substantial improvements shall be eon-
structed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be con-
structed 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
minimize or eliminate infiltration of flood waters into the systems and dis-
charge from the systems into flood waters; and,
3. On-site waste disposal systems shall be located to avoid impair-
ment 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 facili-
ties 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. Where base flood elevation data has not been provided or ,is not
available from another authoritative source, it shall be generated for
Ordinance No. 1585 - page 8
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subdivision proposals and other proposed developments which contain at Least 50
lots or five acres (whichever is less).
E., Review of Building Permits. Where elevation data is not available
either through the Flood Insurance Study~or from another authoritative source
(Section 8.24.150, B.), 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. Failure
to elevate at least two..feet above grade in these zones may result in higher
insurance rates.
8.24.180 Specific Standards. 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. Residential Construction.
1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above
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 hydro-
static flood forces on exterior. walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by
a registered: professional engineer or architect or must meet or exceed the
following minimum criteria:
a. A minimum of two openings having a total net area of not
]:ess 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
floodwaters.
B. Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure
shall either have the lowest floor, including basement, elevated to the level
of the base flood elevation; or, together with attendant utility and sanitary
facilities, 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 hydrostatic and
hydrodynamic loads and effect of buoyancy;
3. Be certified by a 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 certifications shall be provided to the official as set forth in Section
8.24.150, -C. , 2.
4. Nonresidential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor as described in
Section 8.24.180, A., 2.
5. Applicants floodproofing nonresidential buildings shall be
notified that flood insurance premiums will be based on rates that are one foot
below the floodproofed level (e.g. a building constructed to the base flood
level will be rated as one foot below that level).
Ordinance No. 1585
- Page .9
` ~•
C. .Manufactured Homes. All manufactured homes to be placed or
substantially improved within Zones Ai-30, AH, and AE shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at
~' 'or above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of Section
8.24:°170, A.~, 2.
-8.24.190 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 area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion potential, the following
provisions shall be applicable to said floodways:
A. .Responsibility.
1. Private Property. The property owner is responsible for main-
tenance 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.
B. Encroachment.
i. No new construction, improvements, or 'reconstruction, or rebuild-
ing of stream banks for purposes of erosion protection shall be done or caused
. to be .done by any person unless:
a. There is no increase in flood levels during the occurrence
of the base flood discharge, ,and that;
b. The stream flow capacity will not be adversely affected;
c. There will be no adverse effects on up or down stream pro-
perties; and
d. There will be no adverse erosion or deposition problems
caused by the proposed work.
2. In cases involving new construction or substantial improvements,
including filling by the landowner, a registered professional engineer or
architect shall certify to the City Administrator or his designee that the pro-
, posed work complies with the terms of paragraph 1. hereinabove.
3. In the case of reconstruction or rebuilding of stream banks by
the owner for the purpose of erosion protection, no engineer's or architect's
certification shall be required if the City Administrator or his designee shall
determine that the requirements of paragraph. 1. hereinabove have been met end,
in connection with rendering such determination, may consult with the appropri-
ate resource agencies before approving the request.
C. Mobile Homes. No mobile homes shall be placed in a floodway except in
an existing mobile home park or an existing mobile home subdivision.
Section 2. This ordinance being necessary for the immediate preservation
~, of the public peace, health and safety of the City of Central Point, Oregon,
based upon the fact that the City must incorporate new federal regulations in
order to. retain eligibility in the National Flood Insurance Program (NFIP),
second reading is hereby waived and an emergency is hereby declared to exist
and this ordinance shall be in full force and effect immediately upon its
.. ~ .., passage by the Council and approval by the Mayor.
Ordinance No. 1585 - Page 10
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Passed by the Council and signed by me in authentication of its passage
this 20th day of March 1987.
~~._~
r -..~.
v
Mayor
ATTEST:
--
Secretary
Approved by me this 20th day of March ~ lgg~.
Mayor
1585
Ordinance No. - Page 11