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ADMINISTRATION
The duties of the Floodplain Administrator shall include, but not be limited to:
(A) Review all proposed construction and other development, including the placement of manufactured dwellings, to determine whether such construction or other development will be located in special flood hazard areas or other flood-prone areas;
(B) Review permit applications for new development or modifications of any existing development in special flood hazard areas for compliance with the requirements of this chapter;
(C) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal, state, or local government. Copies of such permits shall be maintained on file;
(D) Review all development permit applications to determine if proposed development is located in the regulatory floodway, and if so, ensure that the encroachment standards of § 153.51 are met;
(E) When base flood elevation data or data have not been provided in § 153.07, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other authoritative source in order to administer the provisions of this chapter;
(F) When base flood elevations are not available:
(1) Review proposed development to determine whether development proposals are reasonably safe from flooding as provided in 44 CFR Part 60.3(a)(4) (44 CFR Part 65.2 defines “reasonably safe from flooding” as base flood waters will not inundate the land or damage structures...and that any waters related to the base flood will not damage existing or proposed buildings);
(2) Review all development permits for all new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) greater than five acres or 50 lots, whichever is the lesser, to ensure a base flood elevation has been established according to 44 CFR Part 60.3(b)(3);
(G) Where a determination is needed of the exact location of boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make a determination. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the determination as provided in section;
(H) Issue development permits when the provisions of this chapter have been met, or deny the same in the event of noncompliance;
(I) Coordinate with the Building Official to ensure that applications for building permits comply with the requirements of this chapter;
(J) Obtain, verify, and record the actual elevation in relation to the vertical datum used on the effective FIRM, or in relation to the highest adjacent grade where no base flood elevation is available, of the lowest floor level, including basement, of all new construction or substantially improved structures, including manufactured dwellings, that are located in non-coastal special flood hazard areas;
(K) Obtain, verify, and record the actual elevation of finished construction, in relation to the vertical datum used on the effective FIRM, or highest adjacent grade where no base flood elevation is available, to which a new or substantially improved non-residential structure located in a non-coastal special flood hazard area has been flood-proofed. When flood-proofing is utilized for a non-residential structure, the Floodplain Administrator shall obtain a flood-proofing certificate (FEMA Form 81-65) which has been signed and sealed by a registered professional engineer or architect;
(L) Obtain, verify, and record the actual elevation in relation to the vertical datum used on the effective FIRM, or in relation to the highest adjacent grade where no base flood elevation is available, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new construction or substantially improved structures, including manufactured dwellings that are located in coastal special flood hazard areas (all V Zones);
(M) Ensure that all records and certifications pertaining to the provisions of this chapter are permanently maintained in City Hall and available for public inspection;
(N) Make periodic inspections of special flood hazard areas to establish that development activities are being performed in compliance with this chapter, and to verify that existing buildings and structures maintain compliance with this chapter;
(O) Coordinate with the Building Official to inspect areas where buildings and structures in special flood hazard areas have been damaged, regardless of the cause of damage, and notify owners that permits may be required to repair, rehabilitate, demolish, relocate, or reconstruct structures; and
(P) Make substantial improvement and/or substantial damage determinations for all structures located in special flood hazard areas.
(Ord. 527, passed 1-14-2013)
(A) A development permit shall be obtained prior to start of all proposed construction and other development including the placement of manufactured homes within any special flood hazard area in accordance with 44 CFR Part 60.3(b)(1).
(B) Application for a development permit shall be made to the Floodplain Administrator or designee on forms furnished by the Floodplain Administrator or designee prior to starting development activities. Specifically, the following information is required:
(1) Plans in duplicate drawn to scale with elevations of the project area and the nature, location, dimensions of existing and proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities (Oregon Residential Specialty Code § R106.5 requires one set to be retained and the second to be returned to the applicant);
(2) Delineation of special flood hazard areas, regulatory floodway boundaries, including base flood elevations, or flood depth in AO Zones, where available as provided in Oregon Residential Specialty Code § R106.1.3;
(3) For all proposed structures, elevation in relation to the highest adjacent grade and the base flood elevation, or flood depth in AO Zones, of the:
(a) Lowest enclosed area including crawlspace or basement floor as required by Oregon Residential Specialty Code § R106.1.3;
(b) Top of the proposed garage slab, if any; and
(c) Next highest floor.
(4) Locations and sizes of all flood openings, if required, in any proposed structure;
(5) The proposed elevation to which a non-residential structure will be flood-proofed or elevated;
(6) Specifications for any proposed flood-proofing of non-residential structures and an indication that the proposed flood-proofing will be certified by a professional engineer or architect prior to issuance of the development permit;
(7) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development (see division (C) of this section); and
(8) Evidence that all necessary permits can be obtained from those governmental agencies from which approval is required by federal or state law.
(C) No development permit shall be issued until compliance with this chapter and other applicable codes and regulations has been demonstrated. Specifically, the following documentation is required prior to issuance of a floodplain development permit:
(1) Evidence that all necessary permits have been obtained from those governmental agencies from which approval is required by federal or state law;
(2) A FEMA-approved CLOMR if the project will cause a watercourse alteration, modify base flood elevation, or change the boundaries of the floodway or special flood hazard area;
(3) A completed pre-construction elevation certificate signed and sealed by a registered professional surveyor; and
(4) Certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of the NFIP and state specialty codes.
(D) During construction.
(1) For all new construction and substantial improvements, the permit holder shall provide to the Floodplain Administrator an as-built certification of the floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is placed and prior to further vertical construction.
(2) Any deficiencies identified by the Floodplain Administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the Floodplain Administrator to issue a stop-work order for the project.
(E) Finished construction.
(1) In addition to the requirements of the state specialty codes pertaining to certificate of occupancy, and prior to the final inspection, the owner or authorized agent shall submit the following documentation for finished construction that has been signed and sealed by a registered surveyor or engineer:
(a) For elevated buildings and structures in non-coastal special flood hazard areas (all A Zones), the elevation of the lowest floor, including basement, or where no base flood elevation is available, the height above highest adjacent grade of the lowest floor;
(b) For non-residential buildings and structures that have been flood-proofed, the elevation to which the building or structure was flood-proofed.
(2) Failure to submit certification or failure to correct violations shall be cause for the Floodplain Administrator to withhold a certificate of occupancy until such deficiencies are corrected.
(F) Expiration of development permit. Development permits issued under this chapter shall become invalid unless the work authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and shall be reviewed against the current FIRM and this chapter.
(Ord. 527, passed 1-14-2013)
(A) 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.
(B) Applicant will be responsible for obtaining all necessary permits from governmental agencies from which approval is required by federal, state, or local law, including, but not limited to, § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334; the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 through 1544; and State of Oregon Division of State Lands regulations.
(C) The Floodplain Administrator shall notify adjacent communities and State Department of Land Conservation and Development prior to any alteration or relocation of the watercourse. Copies of such notification shall be submitted to the Federal Insurance Administrator.
(D) The Floodplain Administrator shall assure that maintenance for the altered or relocated portion of the water course is provided so that the flood carrying capacity will not be diminished. It shall be the responsibility of the applicant to perform required maintenance. To accomplish this, the Administrator shall require the applicant to file a new deed for the subject property that lists the requirement for maintenance in detail as a liability for the property.
(E) The applicant shall submit to the Floodplain Administrator technical data as set forth in § 153.34 prior to any watercourse alteration that will result in the expansion, relocation, or elimination of the special flood hazard area
(Ord. 527, passed 1-14-2013)
(A) Within six months of project completion, an applicant who obtains a conditional letter of map revision (CLOMR) from FEMA, or whose development alters a watercourse, modifies floodplain boundaries or base flood elevations, shall obtain from FEMA a letter of map revision (LOMR) reflecting the as-built changes to the FIS and/or FIRM.
(B) It is the responsibility of the applicant to have technical data prepared in a format required for a CLOMR or LOMR and to submit such data to FEMA on the appropriate FEMA Form MT-2 application forms. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(C) Applicants shall be responsible for all costs associated with obtaining a CLOMR or LOMR from FEMA.
(D) 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 all applicable requirements of this chapter.
(E) Any/all additional cost/charges shall be the responsibility of the applicant.
(Ord. 527, passed 1-14-2013)
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, or the like, the Floodplain Administrator shall:
(A) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher; and
(B) Enter into a non-conversion deed declaration for construction within flood hazard areas, or equivalent, with the city. The deed declaration shall be recorded with the Union County Clerk. The deed declaration shall be in a form acceptable to the Floodplain Administrator and County Counsel.
(Ord. 527, passed 1-14-2013)
PROVISIONS FOR FLOOD HAZARD PROTECTION
(A) Where special flood hazard areas have not been defined within the community or a base flood elevation has not been provided, all plans and permits for proposed construction of subdivisions, placement of manufactured homes, or other development shall be consistent with the need to ensure that building sites will be reasonably safe from flooding (44 CFR Part 65.2 defines “reasonably safe from flooding” as base flood waters will not inundate the land or damage structures...and that any subsurface waters related to the base flood will not damage existing or proposed buildings). The test of reasonableness is a local judgment and includes historical data, high water marks, photographs of past flooding, and the like.
(B) Building lots shall have adequate buildable area outside of regulatory floodways.
(C) Where base flood elevation has not been provided, it shall be generated for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres (whichever is the lesser).
(D) Site improvements, subdivisions, and manufactured home parks shall have public utilities and facilities such as sewer, gas, electric, and water systems located and constructed to minimize or eliminate flood damage and infiltration of flood waters into the systems. Replacement public utilities and facilities such as sewer, gas, electric, and water systems, shall likewise be sited and designed to minimize or eliminate damage and infiltration of flood waters.
(E) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters in the systems and discharges from the systems into flood waters. Onsite waste disposal systems shall be located to avoid functional impairment to them or contamination from them during flooding.
(F) Subdivision proposals and other proposed new development, including manufactured home parks, shall have adequate drainage provided to reduce exposure to flood hazards as provided in 44 CFR Part 60.3(a)(4). In AO and AH Zones, drainage paths shall be provided to guide flood water around and away from proposed structures.
(Ord. 527, passed 1-14-2013)
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