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HomeMy WebLinkAbout2491 Adding AMC 15.10 Flood Damage Prevention Regulations ORDINANCE NO. AN ORDINANCE AMENDING TITLE 15 OF THE ASHLAND MUNICIPAL CODE, BY AMENDING CHAPTER 15.10 IN ITS ENTIRETY WITH A NEW CHAPTER 15.10 ENTITLED "FLOOD DAMAGE PREVENTION REGULATIONS", AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.250 is hereby deleted from the Ashland Municipal Code, and a new Chapter 15.10 relating to Flood Damage Prevention Regulations is hereby added thereto, which shall read as follows: Chapter 15.10 FLOOD DAMAGE PREVENTION REGULATIONS Sections: 15.10.010 Purpose 15.10.020 Statutory Authorization 15.10.030 Findings of Fact 15.10.040 Methods of Reducing Flood Hazards 15.10.050 Definitions 15.10.060 General Provisions 15.10.070 Administration 15.10.080 Provision for Flood Hazard Protection 15.10.090 Variances and Appeals 15.10.100 Penalties 15.10.010 Purpose. The purpose of this section is 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 on costly flood control prof ects . 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. 15.10.020 Statutory Authorization. The Legislature of the State of Oregon has in Oregon Revised Statutes, Chapter 197, delegated the responsibility to local governments to adopt comprehensive plans and land use regulations designed to promote the public health, safety, and general welfare of its citizenry. 15.10.030 Findings of Fact. A. The flood hazard areas of Ashland are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruptions 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. 15.10.040 Methods of Reducing Flood Losses. In order to accomplish its purpose, this section 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 which may increase flood hazards outside of identified flood hazard areas. 15.10.050 Definitions. Unless specifically defined below or elsewhere in this code, words or phrases used in this chapter shall be interpreted 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 Building Official's interpretation of any provision of this section or a request for a variance. B. Area of Shallow Flooding means a designated AO or AH zone on the Flood Insurance Rate Map. 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 is characterized 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 the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the 11100-year flood". Designation on maps always includes the letters 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, grading, paving, excavation or drilling operations located within the area of special flood hazard. F. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. 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. I. 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. Habitable Floor means any floor usable for living purpose, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable" floor. K. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable 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 ordinance found at Section 15.10. 080 (B) (1) (b) . L. 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 connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. M. 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. N. New Construction means structures for which the "start of construction" commenced on or after the effective date of this Ordinance and includes new mobile home park and mobile home subdivisions. 0. Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start 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. 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 foundations or the erection of temporary forms; nor does it include the installation on the property of accessory 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 part of the main structure. P. Structure as it pertains to the provisions of this Chapter is a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Q. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty 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 purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term DOES NOT, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b. any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. R. 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. 15.10.060 General Provisions: A. Lands to which this Chapter applies. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Ashland, Oregon. B. 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: City of Ashland, Oregon, Jackson County", dated June 2, 1981, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of the ordinance. The Flood Insurance Study and accompanying maps (as updated) are on file at City Hall, Ashland, Oregon. C. Compliance. No structure on land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. D. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this Chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 15.10.070 Administration. A. 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 15.10.060(B). The permit shall be for all structures, including manufactured homes, as set forth in the Definitions, and for all other development including fill and other activities, also set forth in Definitions. Application for a development permit shall be made on forms furnished by the Building official 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: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Elevation in relation to mean sea level to which any structure has been floodproofed; 3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 15.10.090(B)(2). 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Building Official. The Building Official is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. C. Duties and responsibilities of the Building Official. Duties and responsibilities of the Building Official shall include, but not be limited to: 1. Permit Review: a. Review all development permits to determine that the permit requirements of this Section have been satisfied. b. 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. C. 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 15. 10.080 (C) (1) are met. 2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.10.060(B), "Basis for Establishing the Areas of Special Flood Hazard", the Building Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.10.080(B)(1) "Specific Standards: Residential Construction", 15.10.080(B)(2) "Specific Standards: Nonresidential Construction, and 15.10.080(C) "Floodways". 3. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 15.10.070(0)(2), obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. b. For all new or substantially improved floodproofed structures: i. verify and record the actual elevation (in relation to mean sea level), and ii. maintain the floodproofing certifications required in section 15.10.070(A)(3). C. Maintain for public inspection all records pertaining to the provisions of this Section. 4. Alteration of Watercourses. a. Notify adjacent communities and the Water Resources Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5. 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 boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.10.090. 15.10.080 Provisions for Flood Hazard Protection. A. General Standards. In all areas of special flood hazards, the following standards are required: 1. Anchoring: a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. 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 of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 2. Construction Materials and Methods: a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistent to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. 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. 3. Utilities: a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and d. Where base flood elevation data has not been provided or is not available from another authoritative source it shall be generated for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less). 5. Review of Building Permit: a. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 15.10.070(C)) 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. b. To determine the flood base elevation, the applicant's Oregon registered engineer or land surveyor shall investigate all available sources of information, such as historic flooding profiles, high water marks, photographs of past flooding, soil characteristics, or any other feasible methods. A report shall be submitted to the City by the applicant, setting forth said elevation and citing the evidence upon which the estimate is made. Said report may be accepted or rejected by the City. The Oregon registered engineer or surveyor shall place a permanent elevation marker on the property. B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.10.060(B), Basis for Establishing the Areas of Special Flood Hazard, or Section 15.10.070(C)(2), Use of Other Base Flood Data, the following provisions are required: 1. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least two feet above the base flood elevation. Prior to the issuance of a certificate of occupancy by the City, the property owner shall furnish certification by a registered engineer or surveyor of the actual elevation of the lowest habitable floor, including a basement. b. 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 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: i. 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. ii. The bottom of all openings shall be no higher than one foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. 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: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, c. 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 for this subsection based on their development review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 15.10. 070 (C) (3) (b) . d. Non-residential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in 15.10.080 (B)(1)(b). e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). 3. Manufactured Homes: All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 15.10.080(A)(1). C. Floodways: Located within areas of special flood hazard established in Section 15.10.060(B) 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, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If Section 15.10.080(C)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 15.10.080, PROVISIONS FOR FLOOD HAZARD PROTECTION. 15.10.090 Variances and Appeals. A. Appeals shall be granted consistent with the standards of Section 1910.6 of the rules and regulations of the National Flood Insurance Program (24 CFR 1909, etc.). B. The Board of Appeals established by Section 15.04.200 of this Chapter shall hear variances and appeals from decisions of the Building Official. C. In passing upon applications for appeal or variance, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other parts of this code, and: 1. The danger that materials may be swept onto other lands to the injury or loss of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. 6. The compatibility of the proposed use with existing and anticipated development; 7. The consistency of the proposed use with the policies of the Comprehensive Plan and flood plain management for that area; 8. The safety of access to the property in times of flood for ordinary or emergency vehicles; 9. The expected heights, velocity, duration, rate or rise, and sediment transport of the flood waters and effects of channel movement, if applicable, expected at the site; and 10. 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. D. Upon consideration of the factors of and the purpose of the Chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. E. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon approval. F. Conditions for Variances: 1. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result. 2. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 3. 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; and c. a determination that granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances. 4. Any applicant to whom a variance is granted shall be given written notice that the cost of flood insurance will be commensurate with any increased risk that may result from development for which the variance is issued. 15.10.100 Penalties. Any person, firm or corporation, whether as principal, agent employee, or otherwise, violating or causing the violation of any provisions of this Chapter has committed an infraction and, upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person, firm, or corporation is guilty of a separate violation for each and every day during any portion of which any violation of this Chapter is committed or continued by such person, firm or corporation. In addition, violation of this ordinance shall constitute a public nuisance and may be regarded as such in all actions, suits and proceedings. Said nuisance may be prosecuted in the courts of the State of Oregon. SECTION 2. Emergency Clause. Inasmuch as the City will be in non-compliance with Federal NFIP regulations on February 2, 1989 and thereby suspended from participation in the program, an emergency is declared to exist, and this ordinance shall be effective upon its passage on second reading and approved by the Mayor. The foregoing ordinance was first read on the J "7t'l,day of January, 1989 and duly PASSED and ADOPTED this 7-e-4- day of February, 1989. 1 Nan E. Fra lin, City Recorder SIGNED and APPROVED this j- day of February, 1989. ~ f Catherine M. Golden, Mayor