§ 151.368 BASIS FOR ESTABLISHING THE AREA 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 Banks" dated MONTH, DAY, YEAR, with accompanying Flood Insurance Maps are hereby adopted by reference and declared to be a part of this subchapter. The Flood Insurance Study is on file at City Hall. The best available information for flood hazard area identification is outlined in § 151.375 and shall be the basis for regulation until a new FIRM is issued which incorporates the date under § 151.375.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.369 PENALTIES FOR CONFORMANCE.

   No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this subchapter and other applicable regulations. Violations of the provisions of this subchapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this subchapter or fails to comply with any of its requirements shall be fined for the violation and in addition shall pay all costs and expenses involved in the case. Nothing herein contain shall prevent the City of Banks from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.370 ABROGATION AND SEVERABILITY.

   This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. If any section clause, sentence, or phrase of the subchapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this subchapter.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.371 INTERPRETATION.

   In the interpretation and application of this subchapter, all provisions shall be:

   (A)   Considered as minimum requirements;

   (B)   Liberally construed in favor of the governing body; and

   (C)   Deemed neither to limit or repeal any other powers granted under Oregon statutes.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.372 WARNING AND DISCLAIMER OF LIABILITY.

   The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes 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 subchapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the City of Banks, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.373 ESTABLISHMENT OF DEVELOPMENT PERMIT.

   (A)   Development permit required. A development permit shall be obtained before construction or development begins with any area of special flood hazard established in § 151.368. 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 set forth in the "Definitions."

   (B)   Application for development permit. Application for a development permit shall be made of forms furnished by the City of Banks 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 of floodproofing in any structure;

      (3)   Certification by a registered professional engineer or architect that the floodproofing methods of any nonresidential structure meet the floodproofing criteria in § 151.377(B); and

      (4)   Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.374 DESIGNATION OF LOCAL FLOODPLAIN ADMINISTRATOR.

   The City Manager or his/her designee is hereby appointed to administer and implement this subchapter by granting or denying development permit applications in accordance with its provisions.

(Ord. 2021-08-02, passed 10-12-2021)