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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)
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH and AE) as set forth in § 151.368, Basis For Establishing the Areas of Special Flood Hazard or § 151.375(A)(2), Use of Other Base Flood Data (in A and V Zones), the following provisions are required:
(A) Residential construction.
(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation.
(2) 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 be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(a) A minimum of 2 openings have a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than 1 foot above grade.
(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(B) Nonresidential construction.
(1) New nonresidential construction shall be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(2) Nonresidential structures shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) Nonresidential construction shall be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this division based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in § 151.375(C)(2).
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described division (A)(2) of this section.
(5) Applicants floodproofing nonresidential structures shall be notified that flood insurance premiums will be based on rates that are one floor below the floodproofed level (e.g. a building floodproofed to the base flood level will be rates as one foot below).
(6) Applicants shall supply a maintenance plan for the entire structure to include but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and the location of all shields, gates, barriers, and components as well as all associated hardware, and any materials or specialized tools necessary to seal the structure.
(7) Applicants shall supply an emergency action plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.
(C) Manufactured dwellings.
(1) Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with § 151.376(A)(2).
(2) The bottom of the longitudinal chassis frame beam in A zones, shall be at or above the BFE.
(3) The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (Refer to FEMA's "Manufactured Home Installation in Flood Hazard Areas.").
(4) Electrical crossover connections shall be a minimum of 12 inches above BFE.
(D) Recreational vehicles. Recreational vehicles placed on sites are required to:
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(3) Meet the requirements of division (C) of this section and the elevation and anchoring requirements for manufactured homes.
(E) Small accessory structures. Relief from elevation or floodproofing as required in division (A) or (B) of this section may be granted for small accessory structures that are:
(1) Less than 200 square feet and do not exceed one story;
(2) Not temperature controlled;
(3) Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged;
(4) Not used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality shall unless confined in a tank installed in compliance with this subchapter or stored at least 1 foot above base flood elevation;
(5) Located and constructed to have low damage potential;
(6) Constructed of materials resistant to flood damage;
(7) Anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;
(8) Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or:
(a) Provide a minimum of two openings with a total net area of not less than 1 square inch of every square foot of enclosed areas subject to flooding;
(b) The bottom of all openings shall be no higher than 1 foot above the higher of the exterior or interior grade or flood immediately below the opening;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided the permit the automatic flow of floodwater in both directions without manual intervention.
(9) Constructed with electrical and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
(F) Below-grade crawl spaces. Below grade crawl spaces are allowed subject to the standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas.
(Ord. 2021-08-02, passed 10-12-2021)
In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the Banks FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the community.
(Ord. 2021-08-02, passed 10-12-2021)
Located within areas of special flood hazard established in § 151.368 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(A) Except as provided in division (C) of this section, prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provide demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(C) Projects for stream habitat restoration may be permitted in the floodway provided:
(1) The project qualifies for a Department of the Army, Portland District, "Regional General Permit for Stream Habitat Restoration (NWP-2007-1023); and
(2) A qualified professional (a registered professional engineer, or staff of the NRCS; the county or fisheries, natural resources or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in the 100-year flood levels as close to zero as practically possible given the goals of the project; and
(3) No structures would be impacted by a potential rise in flood elevation; and
(4) An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval.
(Ord. 2021-08-02, passed 10-12-2021)
Shallow flooding areas appear on the FIRM as AO Zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas the following provisions apply.
(A) New construction and substantial improvements of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth specified on the FIRM (at least 2 feet if no depth number is specified).
(B) New construction and substantial improvements of nonresidential structures within AO Zones shall either:
(1) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, 1 foot or more above the depth number specified on the FIRM (at least 2 feet if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in § 151.377(B)(3).
(C) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(D) Recreational vehicles placed on sites with AO Zones on the community FIRM shall either:
(1) Be on the site for fewer than 180 consecutive days; and
(2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached elevations; or
(3) Meet the requirements of this section above and the elevation and anchoring requirements for manufactured homes.
(Ord. 2021-08-02, passed 10-12-2021)
Violation of any provision of this chapter is punishable upon conviction by a fine of not more than $100 for each day of violation, where the offense is a continuing offense, but the fine may not exceed $1,000. A fine of not more than $500 where the offense is not a continuing offense.
(Ord. 2021-08-02, passed 10-12-2021)
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