§ 17.8.310  HAZARD AREAS.
   A.   Information and studies for hazards shall be provided as follows.
      1.   For partially or totally within or as determined by § 17.8.315B., there shall be provided a study prepared by an engineer certified by the State of Oregon to provide hydraulic, plain elevation and any other necessary analysis to meet the requirements of § 17.8.325D. as determined by the .
      2.   For having slopes of 10% or more, the following requirements shall be met. To ensure compliance with the provisions of this Code, prior to the issuance of a for the construction of any new (as defined by § 17.12.210B.8.) within the , and prior to any grading, excavation or filling or other modification within areas having a of 10% or greater, there shall be submitted to the Community Development Department for review and approval, or approval with modifications:
         a.   A (showing any grading, excavating or filling) drawn to scale of the entire property developed and of the proposed construction; and
         b.   The submission of a geological assessment and geotechnical report prepared and stamped by a Certified Engineering Geologist who is a registered geologist certified in the specialty of Engineering Geology under provisions of O.R.S. 672.505 to 672.705 and a Geotechnical Engineer under provisions of O.R.S. 672.002 to 672.325.  The assessment and report shall address the entire and meet the following requirements:
            i.   The geological and engineering assessment shall include information and data regarding the nature, distribution of underlying geology, and the physical and chemical properties of existing soils; an opinion as to stability of the , and conclusions regarding the effect of geo-logic conditions on the proposed .
            ii.   The geotechnical report shall include a comprehensive description of the topography and geology; an opinion as to the adequacy of the proposed from an engineering standpoint; and opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and ; conclusions regarding the effect of geologic conditions on the proposed ; and specific requirements for plan modification, corrective grading and special techniques and systems to facilitate a safe and stable . The report shall provide other recommendations as necessary, commensurate with the project grading and .
            iii.   Address the requirements of § 17.8.310B.
   B.   Through hazard study(ies) required pursuant to § 17.8.310A., the shall establish methods to minimize hazards to acceptable risks by:
      1.    design approaches that avoids within hazard area;
      2.   Grading, erosion control and other preparation techniques to minimize hazard impacts;
      3.   Techniques to minimize impacts from utility installation; and/or
      4.    and foundation techniques to minimize hazard impacts.
   C.   Where a hazard area is proposed to be avoided:
      1.   For divisions of land, the area shall be placed in an tract separate from areas intended for . The tract is subject to the requirements of §§ 17.8.200 et seq.
      2.   For not involved in a division of land, the area shall be held in common for residential condominiums or by the primary land owner for or non-residential . The area shall be placed within an and adequate maintenance provisions shall be provided consistent with the requirements of § 17.8.200.
      3.   The tract or area shall be restricted to . Utilities may be located within the area provided that the report proposes acceptable measures to minimize hazard impacts. tracts are subject to the provisions of § 17.8.200.
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2016-16, passed 9-26-2016; Ord. 2017-07, passed 8-14-2017)