HomeMy WebLinkAbout3139 Amending 18.3.10 Adopting 2017 Flood Insurance Study & Maps
ORDINANCE NO. 3 13 q
AN ORDINANCE AMENDING THE FLOOD PLAIN CORRIDOR
LANDS MAP REFERENCED IN CHAPTER 18.3.10 OF THE
ASHLAND MUNICIPAL CODE, AND ADOPTING THE FEDERAL
INSURANCE ADMINISTRATION'S APRIL 5, 2017 FLOOD
INSURANCE STUDY AND ACCOMPANING FLOOD INSURANCE
RATE MAPS FOR JACKSON COUNTY OREGON AND
INCORPORATED AREAS
Annotated to show d°'°QCIetion 7 and additions to the code sections being modified. Deletions are
bold lined throuo and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant
or allow municipalities, as fully as though this Charter specifically enumerated each
of those powers, as well as all powers not inconsistent with the foregoing; and, in
addition thereto, shall possess all powers hereinafter specifically granted. All the
authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App.
293, 531 I' 2d 730, 734 (1975);
WHEREAS, the Federal Emergency Management Agency (FEMA) published a Flood
Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) to be effective on April 5,
2017 for Jackson County, Oregon and the incorporated areas;
WHEREAS, the City of Ashland is a participant in the National Flood Insurance Program,
and each participating community is responsible for planning, adoption and enforcement of
regulations to accomplish proper floodplain management;
WHEREAS Adoption of FEMA's Flood Insurance Studies and Flood Insurance Rate Maps
benefits fiscal sustainability as it enables the City's continued participation in the NFIP,
qualifying the City for Federal assistance and making flood insurance available for property
owners.
WHEREAS, notice of the proposed Ordinance Amendment was sent to the Department of
Land Conservation and Development (DLCD) as required by State law;
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the above-referenced amendments on January 24, 2017;
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WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on February 7, 2017;
WHEREAS, the City Council of the City of Ashland, following the close of the public
hearing arid record, deliberated and conducted first and second readings approving adoption
of the Ordinance in accordance with Article 10 of the Ashland City Charter;
WHEREAS, the City Council of the City of Ashland has determined that in order to protect
life and property from flooding and flood hazards, and manage the areas subject to flooding
to protect the public's interest, it is necessary to amend the Flood Plain Corridor Lands Map,
as referenced in Chapter 18.3. 10 of the Ashland Municipal Code, to be consistent with the
Federal Insurance Administration's Flood Insurance Rate Map (FIRM); and
WHEREAS, the City Council of the City of Ashland has determined that an adequate
factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference. yexi,br4.4, Uytt
SECTION 2. The City of Ashland hereby adopts the Federal Emerge y Management
Agency (FEMA) Flood Insurance Study (FIS) dated "Revised April 2017", and the Flood
Insurance Rate Maps (FIRMS) for Jackson County, Oregon and the incorporated areas dated
"Revised April 5, 2017"
SECTION 3. The officially adopted City of Ashland Physical and Environmental
Constraints Flood Plain Corridor Map, referenced in Chapter 18.3.10.060.A of the Ashland
Municipal Code, is hereby amended to reflect the Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Maps (FIRMS) designated 100 year Floodplain boundaries
within Ashland to be effective on April 5, 2017.
SECTION 4. Severabilit_y. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the -7 day of t~or~.aru , 2017,
and duly PASSED and ADOPTED this D-l day of ebr ,may , 2017.
Barbara 1Vt. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this a day of T`ebrwm) 2017.
c
J.p Stromberg, Ma r
Reviled as to form: 6avid Lo , City Attorney
Ordinance No. Page 3 of 3