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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)
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)
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)
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)
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)
(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)
Duties of the local administrator shall include, but not be limited to:
(A) Provide base flood elevation and freeboard.
(1) When base flood elevation has been provided in accordance with § 151.368, Basis for Establishing the Areas of Special Flood Hazard, the local Floodplain Administrator shall provide it to the Building Official along with any freeboard requirements established in § 151.377 Specific Standards.
(2) When base flood elevation data has not been provided (A and V Zones) in accordance with § 151.368 Basis for Establishing the Areas of Special Flood Hazard, the local floodplain administrator shall obtain, review, and provide any base flood elevation and floodway data available from a federal, state, or other source, in order to administer § 151.377, Specific Standards, and § 151.378.
(B) Permit review.
(1) Review all development permits to determine that the permit requirements of this subchapter 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 § 151.379 are met.
(C) Information to be obtained and maintained.
(1) Maintain for public inspection all records pertaining to the provisions of this subchapter.
(2) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in division (A) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement.
(3) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in division (A) of this section.
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in § 151.373(B)(3).
(4) Maintain for public inspection all records pertaining to the provisions of this subchapter.
(D) Alteration of watercourses.
(1) Development shall not diminish the flood carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development the applicant must submit certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.
(2) Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(3) Require that maintenance is provided within the altered or relocated portion of said watercourse, so that the flood carrying capacity is not diminished.
(4) Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before any encroachment, including fill, new construction, substantial improvement, or other development, in the regulatory floodway is permitted. The applicant shall be responsible for preparing technical data to support the CLOMR application and paying any processing or application fees to FEMA.
(E) Requirement to submit new technical data.
(1) Notify FEMA within 6 months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR).
(2) The applicant shall be responsible for preparing technical data to support the LOMR application and paying any processing or application fees to FEMA.
(3) The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.
(F) Non-conversion of enclosed areas below the lowest floor. To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation/recreation/bathrooms, and the like, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are 5 feet or higher;
(2) Require such applicants to enter into a "Non-Conversion Deed Declaration for Construction Within Flood Hazard Areas" or equivalent. The deed declaration shall be recorded with the City of Banks and shall be in a form acceptable to the Floodplain Administrator.
(G) 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. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 C.F.R. § 59-76).
(Ord. 2021-08-02, passed 10-12-2021)
(A) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent floatation, 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 frame ties to ground anchors (refer to FEMA's "Manufactured Home Installation in Flood Hazard Areas" for additional techniques).
(B) Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed 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 designated to minimize or eliminate infiltration of flood waters; and
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.
(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 facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate 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 subdivision proposals and other proposed developments which contains at least 50 lots or 5 acres (whichever is less).
(E) Review of building permits. Where elevation data is not available either through the Flood Insurance Study, FIRM, or from other authoritative source, 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, and the like, where available. Failure to elevate at least 2 feet above grade in these zones may result in higher insurance rates.
(F) AH Zone drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
(Ord. 2021-08-02, passed 10-12-2021)
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