HomeMy WebLinkAbout3045 AMND 18.62 Flood Insurance Study & Rate Maps
ORDINANCE NO. ~ DLt ~ .
AN ORDINANCE AMENDING THE CITY OF ASHLAND PHYSICAL
AND ENVIRONMENTAL CONSTRAINTS (CHAPTER 18.62), AND
INCORPORATING NECESSARY CHANGES BASED ON THE
ADOPTION OF THE FLOOD INSURANCE STUDY FOR JACKSON
COUNTY OREGON AND INCORPORATED AREAS, AND
ACCOMPANING FLOOD INSURANCE RATE MAPS.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold'" and additions are bold underlined.
WHEREAS, Article 2. Section] of the Ashland City Charter provides:
Powers of the Citv 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
rnunicipalities, 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. Citv of
Beaverton v. International Ass'n of Firefighters. Local ]660. Beaverton Shop, 20 Or. App. 293,
53 I P 2d 730, 734 (1975);
WHEREAS, the Federal Emergency Management Agency (FEMA) published a preliminary
Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) on June 30, 2009, and
both, after public input and revision, are cornpleted and will be effective on May 3,20] ] 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, notice of the proposed Ordinance Amendment was sent to the Department of Land
Conservation and Development (DLCD) on May 14,20]0 as required by State law;
WHEREAS, public notice was mailed on May 7, 20] 0 consistent with Oregon state law. (ORS
227.186) directly to property owners whose property is currently located in the floodplain, and
those whose properties will be in the floodplain when the new floodplain maps become effective;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on March 1,20] ];
Page I of8
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and 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 and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code Flood Damage and Prevention regulations and Physical
and Environmental Land Use Ordinance in the manner proposed; and
WQEREAS, the City Council of the City of Ashland has determined that an adequate factual
bas'5exists for the amendments, the amendments are consistent with the comprehensive plan and
that such arnendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 18.62.030 [Definitions] is hereby amended to read as follows:
18.62.030 Definitions.
The following terms are hereby defined as they apply to this Chapter:
A. Architect - An architect licensed by the State of Oregon.
B. Average slope - average slope for a parcel of land or for an entire project, for the
purposes of determining the area to remain in a natural state shall be calculated
before grading using the following formula:
S = .00229(1)(L) .
A
where "s" is the average percent of slope; ".00229" is the conversion factor for
square feet; "I" is the contour interval in feet; "L" is the summation of length of
the contour lines in scale feet; and "A" is the area of the parcel or project in acres.
C. Base Flood; means the flood havin!! a one percent chance of bein!! eQualed or
exceeded in any !!ivin!! year.
D. Base Flood Elevation (BFE); means the water surface elevation durin!! the
base flood in relation to a specified datum. The Base Flood Elevation (BFE)
is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1
foot.
E. Buildin!! Code; Means the combined specialty codes adopted under ORS
446.062.446.185.447.020 (2).455.020 (2). 455.610. 455.680. 460.085. 460.360.
479.730 (1) or 480.545. but not include re!!ulations adopted by the State Fire
Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and
479.210 to 479.220.
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<;.f.BuildabIe area - That portion of an existing or proposed lot that is free of
building restrictions. For the purpose of this ordinance, a buildable area cannot
contain any setback areas, easements, and similar building restrictions, and cannot
contain any land that is identified as Flood plain Corridor Lands, or any land that
is greater than 35% slope.
D.G Cohesive Soils - Residual or transported soils, usually originating from parent
rock which contains significant quantities of minerals which weather to clay.
Cohesive soils have a Plasticity Index often or more, based on laboratory testing
according to AASHTO methods, or a site-specific scientific analysis of a
particular soil rnaterial.
E.H. Development - Alteration of the land surface by:
I. Earth-rnoving activities such as grading, filling, stripping, or cutting involving
more than 20 cubic yards on any lot, or earth-moving activity disturbing a
surface area greater than 1000 sq. ft. on any lot;
2. Construction of a building, road, driveway, parking area, or other structure;
except that additions to existing buildings ofless than 300 sq. ft. to the
existing building footprint shall not be considered developrnent for section
18.62.080.
3. Culverting or diversion of any stream designated by this chapter.
14. deleted]
F.!.,.Designer - a person not registered as an architect or engineer, approved to plan
and design single family homes and other buildings defined as exempt by the
building code.
b.:!:..Engineer - A registered professional engineer licensed by the State of Oregon.
J.K..Engineering Geologist - A registered professional engineering geologist
licensed by the State of Oregon.
L. Flood or f1oodine: means a eeneral and temporarv condition of partial or
complete inundation of normallv drv land areas from:
I) the overflow of inland or tidal waters: or
2) the unusual and rapid accumulation or runoff of surface waters from
any source.
M. Flood Insurance Rate Map (FIRM): means an officiaI'map of a community.
issued bv the Federal Insurance Administration. delineatine the areas of
special flood hazard and/or risk premium zones applicable to the community.
N. Flood Insurance Study (FIS): means the official report bv the Federal
Insurance Administration evaIuatine flood hazards and containine flood
profiles. f100dwav boundaries and water surface elevations of the base flood.
1.0. Floodway Channel - The t100dway eHannel as defined by ordinanee. channel
of a river or other watercourse and the adiacent land areas that must be
reserved in order to discharee the base flood without cumulativelv increasine
the water surface elevation more than one (I) foot.
J.f. Geotechnical Expert - An engineering geologist or an engineer with
demonstrable expertise in geologic hazards evaluation and geotechnical
engineering.
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KQ, Gully - A drainage incision, commonly caused by erosion, which does not
experience regular or seasonal stream flow, but does act as a channel for runoff
during periods of high rainfall. .
b.R. Landscape Professional - arborist certified by the International Society of
Arboriculture, landscape architect licensed by the State of Oregon, or other expert
with demonstrable expertise in tree and erosion control vegetation maintenance,
and erosion control vegetation methods.
M-.S..Natural Grade - the elevation of the ground level in its natural state, before
construction, filling, or excavation. (see graphic)
~~...
--,_~il,~
'''if'., .~-.. ........."U..:......L <:#........P~
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f,,- c::uT', f"- p.,...,,'-"'....FOP ""'""-....t:''''''
::::""'<'1 . /~~-'~;Jf'~0'/':%';"(~'W0'%)'l:(.",
''''''"" '/7 _,""I.
'~~II(;'-~,~.,..~,o\'i-.~' .
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CUT.AJ.JD FIL.L C2.c::>S.'$ S.CTrON
N-.T.Natural State - all land and water that rernains undeveloped and undisturbed.
This rneans that grading, excavating, filling and/or the construction of roadways,
driveways, parking areas, and structures are prohibited. Incidental minor grading
for hiking trails, bicycle paths, picnic areas and planting and landscaping which is
in addition to and enhances the natural environrnent is permitted. Incidental
brush removal for lot maintenance and ecosystem health is permitted. Further,
vegetation removal for the purposes of wildfire control in conjunction with an
approved fire prevention and control plan shall also be permitted.
G.U.Non-cohesive Soils - Residual or transported soils containing no or very little
clay, usually frorn crystalline granitic parent rock. Non-cohesive soils have a
Plasticity Index ofless than ten, based on laboratory testing according to
AASHTO methods, or a published scientific analysis of a particular soil type.
P-V.. Professional Arborist - arborist certified by the International Society of
Arboriculture and licensed by the State of Oregon State Landscape Contractors
Board or Construction Contractors Board, or landscape architect licensed by the
State of Oregon.
Q-W. Riparian - That area associated with a natural water course including its
wildlife and vegetation.
R-,XhSIope - The deviation of a surface from the horizontal, usually expressed in
percent. (see graphic)
a.~A[:::>S; ~ -:SLOP"" -t..
6fGAPe...... -
35!........... ........ --;:~eT
....... .....- v.,,""',eJ-L..
...._;.:-:..- z;;:,.G'iU'-Qf. 1 PI-:J;NC'" (v)
-A-~'~f-;' - ~
_....0 F."T ---
....(:>~,X'.,.......T'......l- C',................c..,
(")
"
'"SLOPE CALCUL-ATION '"
H
DEGREE OF SLOPE = ARC TANGENT OF V/H
S-'YhStripping - Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
+-.Z...Tree Removal- the following activities are defined as tree removal:
I. The removal of three or more living trees of over six inches diameter at breast
height (d.b.h.), or the rernoval of five percent of the total nurnber ofliving (or
Page 4 of8
dead trees) over six inches d.b.h., whichever is greater, on any lot within five
year period, or any form of cornrnercial logging;
2. The rernoval of one or more living conifers greater than two feet d.b.h., or
living broadleaftrees greater than one foot d.b.h.;
Y-.AA..Wildfire - Fire caused by combustion of native vegetation, commonly
referred to as forest fire or brush fire.
SECTION 3. Section 18.62.040 [Approval and Permit Required] is hereby amended to read as
follows:
A Physical Constraints Review Permit is required for the following activities:
A. Development, as defined in 19.62.030.E H, in areas identified as Flood plain
Corridor Land, Hillside Land, or Severe Constraints Land. In addition all activities
located within an area of special flood hazard are subiect. to the provisions for a
Development Permit under 15:10 Flood Damal!.e and Prevention Rel!.ulations.
8. Tree removal, as defined in I 8.62.030.'f Z" in areas identified as Flood plain
Corridor Land.
SECTION 4. Section I 8.62.050 [Land Classifications] is hereby amended to read as follows:
18.62.050 Land Classifications.
The following factors shall be used to determine the classifications of various lands and
their constraints to building and development on them:
A. Flood plain Corridor Lands - Lands with potential strearn flow and flood hazard. The
following lands are classified as Flood plain Corridor lands:
I. All land contained within the 100 year Flood plain as defined by the Federal
Insurance Administration and identified in the Flood Insurance Map (FIRM)
defined by the Federal Flood Insurance Program, and in_maJls adopted by
the Council as provided for in Chapter 15.10 of the Ashland Municipal Code.
2. All land within the area defined as Flood plain Corridor land in maps adopted by
the Council as provided for in section 18.62.060.
3. All lands which have physical or historical evidence of flooding in the historical
past:
4. All areas within 20 feet (horizontal distance) of any stream identified as a
Riparian Preservation Creek on the Physical and Environmental Constraints
Floodplain Corridor Lands maps adopted pursuant to section 18.62.060
5. All areas within ten feet (horizontal distance) of any stream identified as a Land
Drainage Corridor on the Physical and Environrnental Constraints Floodplain
Corridor Lands maps adopted pursuant to section 18.62.060.
SECTION 5. Section 18.62.070 [Development Standards for Flood Plain Corridor Lands] is
hereby amended to read as follows:
18.62.070
Development Standards for Flood plain Corridor Lands.
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For all land use actions which could result in development of the Flood plain Corridor,
the following is required in addition to any requirernents of Chapter ] 5. ]0:
A. Standards for fill in Flood plain Corridor lands:
I. Fill shall be designed as required by the International Bui]ding Code Orel!on
Structural Specialty Code (OSSC) and InternatiilRal Rcsidcntial Code
Orel!on Residential Specialty Code (ORSO. where applicable.
2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as
defined in section 15.10, and the fill shall not exceed the angle of repose of the
material used for fill.
3. The amount offill in the Flood plain Corridor shall be kept to a minirnum. Fill
and other material irnported from off the lot that could displace floodwater
shall be limited to the following:
a. Poured concrete and other materials necessary to build permitted structures on
the lot.
b. Aggregate base and paving materials, and fill associated with approved public
and private street and driveway construction.
c. Plants and other. landscaping and agricultural material.
d. A total of 50 cubic yards of other imported fill material.
e. The above limits on fill shall be measured frorn April 1989, and shall not
exceed the above amounts. These amounts are the maximum cumulative fill
that can be irnported onto the site, regardless of the number of permits issued.
4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill
materials must be obtained on the lot from cutting or excavation only to the extent
necessary to create an elevated site for permitted development. All additional fill
rnateria] shall be obtained from the portion of the lot in the Flood plain Corridor.
5. Adequate drainage shall be provided for the stability of the fill.
6. Fill to raise elevations for a building site shall be located as close to the outside
edge of the Flood plain Corridor as fe<;1sible.
SECTION 6. Section 18.63.060 [Activities and Uses Exempt from these Regulations is hereby
amended to read as follows: .
A. Exempt Activities Within Water Resource Protection Zones. The following
activities and uses do not require a permit or authorization under this chapter to be
conducted or to continue in a Water Resource Protection Zone. Exempt activities and
uses rnay qualify as development as defined in section I 8.62.030.E Hand rnay require
a permit for development in Floodplain Corridor Lands Chapter.
SECTION 7. Severability. 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.
SECTION 8. Savings. Notwithstanding this amendmenVrepeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were' commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
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said ordinance(s) or portions thereof were operative. This section sirnply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions cornrnenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be ~hanged to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renurnbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 1,7,8, and 9) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
Page 7 of8
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the -L day of~..-t... ,201 I,
and duly SSED and ADOPTED this .k. day of J1/1A. ~ ,20] ].
~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this IS; day of ~201 I.
- .
.
Reviewed as to form:
D
ttomey
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