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Agenda Item - 2022-01-04 - Number 7.1 - Ordinance 2847, Flood Management Insurance Program Code Amendments (LU 20-0005) 7.1 Dj'p` 4 COUNCIL REPORT 0, OREGO� Subject:Zoning text amendments related to Flood Management, to conform to the National Flood Insurance Program. (LU 20-0005/Ordinance 2847) Meeting Date:January 4, 2022 Staff Member: Paul Espe,Associate Planner Report Date: December 22, 2021 Department: Planning and Building Services Action Required Advisory Board/Commission Recommendation ❑ Motion ❑X Approval (Planning Commission 08/23/2021) ❑X Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction The Planning Commission is recommending City Council ❑ Consent Agenda approval of LU 20-0005. Staff Recommendation: Conduct a public hearing and tentatively approve LU 20-0005, directing staff to prepare a final ordinance and findings for adoption. Recommended Language for Motion: Move to tentatively approve LU 20-0005, directing staff to prepare a final ordinance and findings for adoption. Project/Issue Relates To: Protecting life and property from flood hazards, and maintaining property owners' eligibility for flood insurance under the Federal (FEMA)flood insurance program. Issue before Council: ❑X Council Goal: Ensure a Safe and Secure Community for All. ISSUES BEFORE COUNCIL Whether to approve LU 20-0005/Ordinance 2847, amending the LOC Sections 50.05.011 (Flood Management Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission Requirements), 50.08.001 (Introduction/Variances) 50.10.003.2 (Definitions), 42.03.025 (Street Design Standards), to conform to the National Flood Insurance Program. (No amendments to the flood hazard map are proposed and no development is proposed with the application.) EXECUTIVE SUMMARY The application consists of the following Key Changes: 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 Expanded Scope of Floodplain Development Review Currently,there are several forms of development that are exempt from City permitting requirements. Examples include fences of a certain height, paving, accessory structures of a certain size, grading and filling. Nonetheless, FEMA requires all development within the Flood Management Area to be reviewed for compliance with the Flood Management Overlay Standards. The amendments will assure that all forms of development within the Flood Management Area are captured and appropriately reviewed for compliance with the applicable standards. Accessory(Appurtenant) Structures Specific to Boathouses The NFIP (National Flood Insurance Program) regulates the size, usage and location of accessory structures and has established language specific to accessory structures. Further, the Oregon Residential Specialty Code (ORSC) (Lake Oswego Building Code) also contains regulatory language related to accessory structures. The language in the Oregon Model Flood Hazard Ordinance was developed in consultation with both the NFIP and the ORSC requirements. Currently, boathouse structures are allowed to be constructed with minimal setback to adjacent property lines and allowed to straddle the "lake" property line. The maximum area of a boathouse is set by LOC Table 50.04.003-2 at 560 square feet (and by Lake Corp. regulations at 500 square feet). Additionally, current code allows for permitted boathouses with finished floor elevations set below the design flood elevation to be wet floodproofed. The Model Flood Hazard Ordinance restricts the size of an accessory structure on residentially-zoned properties to less than 200 square feet and a minimum setback of 20 feet from all property lines. Any residential accessory structure that does not meet these requirements shall be built with its finished floor elevation above the design flood elevation;wet floodproofing is not an option. Floodplain Variance To allow a path forward for the continued construction or substantial improvement of traditional boathouses,the code amendments include a ministerial floodplain variance for boathouses that are greater than 200 sq. ft. and not more than 500 sq. ft., and are wet floodproofed. City staff has worked with FEMA Region X to include this special "boathouse" Flood Management Area Variance applicability and standards language in the code amendments. An owner wishing to construct or substantially improve a boathouse of more than 200 sq. ft.will now be required to apply for a variance, in addition to obtaining building permit approval.The City is developing an applicant-friendly application, and somewhat standardized, albeit individual review and conditioned approval for qualifying boathouses. The variance process is intended to be a ministerial (staff-level) decision and the variance review is expected to run parallel with the building permit review/approval process. Community-Wide Exceptions(FEMA Floodplain Management Requirements for Agricultural and Accessory Structures Bulletin P-2140 July, 2020) Once the amended Flood Management code provisions have been adopted,the City will consider making a request for a Community-Wide Exception for boathouses, as explained per the FEMA Bulletin. As envisioned in the Bulletin, this will enable boathouses exceeding the above 200 sq. ft. limitation to be constructed/substantially remodeled without the necessity of obtaining a variance. Rather, the construction/substantial remodel would be authorized by an exception in the Code, as approved by FEMA. FEMA states that they recognize that in some instances, due to extraordinary circumstances or local conditions, applying the NFIP requirements for elevation or dry floodproofing to agricultural structures or accessory structures could cause hardship or inequity. In these cases, and in accordance 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 with 44 CFR. § 60.6(b) and the Bulletin and related policy, FEMA may approve requests submitted by communities for an exception to specific requirements. If and when approved by FEMA, Community- Wide Exceptions allow communities to deviate from minimum standards under specific conditions without having to process individual variance requests. At this time, however, FEMA does not have the necessary review procedure in place needed to approve a Community-Wide Exception application (no other jurisdiction has received such approval). Due to the FEMA timeline for the City to adopt the code amendments, and because of FEMA's delay in implementing procedures for Community-Wide Exceptions,the adoption timeline for the code amendments cannot be suspended until the Community-Wide Exception is feasible. Hence,the ministerial boathouse variance option. The Council must conduct a public hearing before deciding on the amendments. For an analysis of the proposal and the applicable approval criteria, please refer to the Planning Commission Staff Report dated June 3, 2021 (Exhibit D-001).The Commission recommended approval of LU 21-0019 on August 23, 2021. For the Commission's Findings, Conclusion and Order, please refer to Exhibit B-1. Key issues considered by the Commission are summarized for Council under Discussion, below. BACKGROUND Maintaining National Flood Insurance Program Community Participation FEMA's Oregon Model Flood Hazard Ordinance (Model Flood Hazard Ordinance),which is a tool used by FEMA to determine compliance with the NFIP requirements, includes standards and provisions that encourage sound floodplain management.The Model Flood Hazard Ordinance text is based on the minimum requirements of the NFIP found in the Code of Federal Regulations (CFR's), Statewide Planning Goal 7, and the Oregon specialty building codes. In August 2019, DLCD, on behalf of FEMA, notified the City that it must amend its Flood Management Area overlay regulations per FEMA's 2019 Model Flood Hazard Ordinance. Model Flood Hazard Ordinance The 2019 Model Flood Hazard Ordinance (Attachment F-1) became available on DLCD's National Flood Insurance Program website to local jurisdictions in late September, 2019. DLCD reviewed LOC 50.05.011 using the framework that DLCD is required by FEMA Region X to use for code review purposes.The assessment identified several places where the language in the city code does not adequately reflect the minimum NFIP standards for review and permitting of development in the FEMA Mapped Special Flood Hazard Area. In early 2020, City staff(the Engineering Dept.'s program lead/floodplain management specialist and the deputy city attorney,with planning staff) began efforts to identify where the 2019 Model Flood Hazard Ordinance presented new substantive provisions that would require amendment. During consultations with DLCD and FEMA staff, it became clear that the code amendments needed to track the Model Flood Hazard Ordinance verbatim in substantial portions, even though the organization of the flood management review and standards were different than in the 2019 version (and in the 1999 version). FEMA now expects local codes to mirror and in some cases be verbatim to the federal NFIP rule language.The model code includes standards that are consistent with Oregon State Specialty Building Codes for structures located in the floodplain.The exception to mirroring the Model Flood Hazard Ordinance is when a community has higher standards. Staff has expended considerable time and effort in working with DLCD and FEMA staff to achieve FEMA's desire for verbatim adoption of the Model Flood Hazard Ordinance, within the organizational framework of the City's existing Community Development Code (LOC Ch. 50) and related codes. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 The Floodplain Management Specialist for FEMA Region X has established a deadline of January 1, 2022 for the City to complete these code amendments. FEMA has recently reviewed the draft code revisions prepared by staff and found that they are compliant with 44 CFR 60.3 and the 2019 Model Flood Ordinance (Exhibits F-1 and F-2). Following the formal adoption of the code amendments, a formal letter of compliance will be issued by FEMA. DISCUSSION The Planning Commission received written testimony on LU 20-0005 from three people, (Exhibits G-1 through G-3)who were neither for nor against the proposed changes. 1. The Commission received written testimony from Aron Faegre at 13200 Fielding Road and from Alex McClean at 13392 Fielding Road. These property owners expressed concern that the Flood Management Area Map inaccurately depicted their properties as being within the Flood zone boundary. The Commission found that these properties are located in unincorporated Clackamas County, outside the city boundary and that the city flood mapping data does not apply to these properties. It was also found that this is an update of the City code text as it relates to the Flood Management Area and no changes to the city flood maps have been proposed as a part of this application. Finally, there exists within the Flood Management provisions a Map Administration section that enables amendment of the Flood Management Area Maps by revision through the Letter of Map Revision process or revision of the 1996 Flood Map, and such provisions, although amended by these code amendments, will retain a process for map revisions. See LOC 50.05.011.4. 2. The Commission also received written testimony from Mark Heizer, who resides at 18345 Heather Ann Court, located within the City. In his testimony, Mr. Heizer stated that the Letter of Map Revision Process associated with the construction of the spillway by the Lake Oswego Corporation is incomplete. Mr. Hiezer maintained that the Letter of Map Revision incorrectly drew a boundary at the mouth of the canal and did not conduct any further study to determine if the floodplain boundary should extend further up the canal. The Commission acknowledged, and City Engineering staff agrees, that there is a need for a future map revision process that would study the canal in greater detail. As noted in the above Finding No. 1, LOC 50.05.011.4 includes a process to amend the Flood Management Area Maps. However, as noted above, this is an update of the City code text as it relates to the Flood Management Area and no changes to the Flood Management Area Maps, Figures 50.05.011-A—D, have been proposed as a part of this application. FISCAL IMPACT The proposal is not expected to have a fiscal impact. However, the State of Oregon has delegated the responsibility to local governmental entities to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizens. By adopting these code amendments,the City will allow property owners within the Flood Management Area to continue to participate in and maintain eligibility for flood insurance and disaster relief. RECOMMENDATION Conduct a public hearing and tentatively approve LU 20-0005, directing staff to prepare a final ordinance and findings for adoption. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 5 EXHIBITS This staff report and all exhibits referenced below are part of the record and can be found by visiting the land use webpage for the case file. A link is provided at the end of this report. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2847, 10/11/21 Attachment A: City Council Findings and Conclusions Attachment B: Proposed Flood Management Code Sections, 10/11/21 • LOC 42.03.025—Street Standards—General • LOC 50.05.011—Flood Management Area (Overlay Zone) • LOC 50.07.003.12 - 14—Development Classification • LOC 50.07.004.13—Additional Submission Requirements • LOC 50.08—Variances • LOC 50.09.003—Penalties • LOC 50.10.003—Definitions B. Findings, Conclusion and Order B-1 Planning Commission Findings, 10/11/21 C. Minutes C-1 PC Minutes, 09/27/21 D. Staff Reports [No current exhibits] D-1 Planning Commission Staff Report, 9/16/21 E. Graphics/Plans E-1 Flood Management Area Map A. Written Materials F-1 Model Flood Hazard Management Ordinance, 08/09/19 F-2 FEMA Email Preliminary Approval of Proposed Code Amendments, 07/08/21 F-3 FEMA Oregon Ordinance Review Tool, 06/30/21 G. Letters G-1 Email from A. Faegre, 09/01/21 G-2 Email from A. Maclean, 09/13/21 G-3 Letter from M. Heizer, 09/24/21 Copies of these exhibits were distributed to the Commission and are available online at the following link: http://www.ci.oswego.or.us/proiects In the "Search" box enter LU 20-0005 then press "Submit" 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 LU 20-0005 Flood Management Code Amendments Page 1/3 Ord. 2847 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) ORDINANCE 2847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC SECTIONS 50.05.011, 50.07.003, 50.07.004, 50.08.001, 50.09.003, 50.10.003.2, AND LOC 42.03.025, REGARDING FLOOD MANAGEMENT AMENDMENTS TO CONFORM TO THE NATIONAL FLOOD MANAGEMENT INSURANCE PROGRAM;AND ADOPTING FINDINGS(LU 20-0005) WHEREAS, the State of Oregon has in ORS 197.175 delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the flood hazard areas of City of Lake Oswego are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss; WHEREAS, by continuation of the Flood Management Area designation and mapping, a purpose of this ordinance is to notify potential buyers that the property is in a special flood hazard area; WHEREAS, by continuation of the Flood Management Area designation and mapping, a purpose of this ordinance is to notify those who occupy special flood hazard areas that they assume responsibility for their actions; WHEREAS, by adoption of this ordinance the City will allow property owners within the Flood Management Area to continue to participate in and maintain eligibility for flood insurance and disaster relief; WHEREAS, in order to accomplish its purposes, this ordinance amendment and the existing provisions of LOC Ch. 50 includes methods and provisions for: A. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Ordinance 2847— Planning Commission Recommendation Version LU 20-0005 EXHIBIT A-1/Page 1 of 3 LU 20-0005 Flood Management Code Amendments Page 2/3 Ord. 2847 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) B. Requiring that development vulnerable to floods, including facilities which serve such development, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. WHEREAS, the administration, implementation, and enforcement of the Flood Management Overlay District, LOC 50.05.011, is assigned by LOC 50.01.003.2 and .3, 50.07.001, 50.07.002 and 50.07.003, to the City Manager and designated officer or employee, and to designated hearing/ decision bodies upon applications for development, as provided and required under Oregon law, specifically ORS Ch. 197 and 227; and WHEREAS, pursuant to the requirement established in ORS Ch. 455 that the Building Official of Lake Oswego administers and enforces the State of Oregon Specialty Codes, the City Council of Lake Oswego does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this ordinance is intended to be administered and enforced in conjunction with the Oregon Specialty Codes; and WHEREAS, the 2019 State of Oregon Model Flood Hazard Management Ordinance has been prepared by the State of Oregon Department of Land Conservation and Development (DLCD) and has been reviewed and approved by Federal Emergency Management Administration (FEMA) Region X, and adoption of the model ordinance language provided will ensure compliance with the minimum standards for participation in the National Flood Insurance Program (NFIP); and WHEREAS, notice of the public hearing for consideration of this Ordinance was duly given in the manner required by law; and WHEREAS, the Planning Commission has recommended that LU 20-0005 be approved by the City Council; and WHEREAS, a public hearing on LU 20-0005 was held before the City Council of the City of Lake Oswego on January 4, 2022. The City of Lake Oswego ordains as follows: Ordinance 2847— Planning Commission Recommendation Version LU 20-0005 EXHIBIT A-1/Page 2 of 3 LU 20-0005 Flood Management Code Amendments Page 3/3 Ord. 2847 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Section 1. The City Council hereby adopts the Findings and Conclusions (LU 20-0005) attached as Attachment A. Section 2. LOC 42.03.025, 50.05.011, 50.07.003, 50.07.004, 50.08.001, 50.09.003 and 50.10.003.2 are hereby amended as follows (new text shown in double-underlined type; deleted text shown in strikcthrough type) as shown in Attachment B. Section 3. Severability. This ordinance and the various parts thereof are hereby declared to be severable. If any section clause, sentence, or phrase of the Ordinance 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 Ordinance. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day of , 2022. AYES: NOES: ABSTAIN: EXCUSED: Joseph M Buck, Mayor Dated: ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Jason Loos, City Attorney Ordinance 2847— Planning Commission Recommendation Version LU 20-0005 EXHIBIT A-1/Page 3 of 3 ATTACHMENT A (ORDINANCE 2847) 1 BEFORE THE CITY COUNCIL 2 OF THE CITY OF LAKE OSWEGO 3 A REQUEST FOR AMENDMENTS TO LU 20-0005 COMMUNITY DEVELOPMENT CODE 4 SECTIONS 50.05.011 , 50.07.003, FINDINGS & CONCLUSIONS 50.07.004, 50.08.001 , 50.003.2 AND 5 STREET DESIGN STANDARDS SECTION 42.03.025 TO CONFORM TO THE 6 NATIONAL FLOOD INSURANCE PROGRAM (Ordinance 2847) 7 8 NATURE OF PROCEEDINGS 9 This matter came before the Lake Oswego City Council on the recommendation 10 of the Planning Commission for legislative amendments to the Community Development 11 Code Sections LOC 50.05.011 (Flood Management Area), 50.07.003 (Review 12 Procedures), 50.07.004 (Additional Submission Requirements), and 50.08.001 13 (Introduction/Variances) 50.10.003.2 (Definitions), and to LOC 42.03.025 (Street Design 14 Standards), to conform to the National Flood Insurance Program. 15 HEARINGS 16 The Planning Commission held a public hearing and considered this application 17 at its meeting held on September 27, 2021 and October 11 , 2021. The City Council held 18 a public hearing to consider the Planning Commission's recommendation on January 4, 19 2022. 20 CRITERIA AND STANDARDS 21 A. City of Lake Oswego Comprehensive Plan 22 Land Use Planning Section D — Land Use Administration 23 Policy D-1 24 Community Culture — Civic Engagement 25 Policies 1 , 2, 3, 4 and 5 26 Page 1 — FINDINGS & CONCLUSIONS (LU 20-0005 / ORDINANCE 2847) JASON LOOS LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) ATTACHMENT A (ORDINANCE 2847) 1 Community Health and Public Safety (Goal 7) 2 Section A: General Hazard Policies 3 Policies 1 , 2, and 5 4 Section B Flood Hazard Policies 5 Policies B-1 , B-2 and B-4 6 B. Metro Urban Growth Management Functional Plan 7 Title 4: Protection of Employment Areas, Metro Code Section 3.07.440 8 C. Other Statewide Planning Goals 9 Goal 1: Citizen Involvement 10 Goal 2: Land Use Planning 11 Goal 7 Natural Hazards 12 D. City of Lake Oswego Community Development Code 13 LOC 50.07.003.1 .b Burden of Proof 14 LOC 50.07.003.7 Appeals 15 LOC 50.07.003.3 Notice of Public Hearing 16 LOC 50.07.003.4 Hearings before a Hearings Body 17 LOC 50.07.003.16.a Legislative Decision Defined 18 LOC 50.07.003.16.b Criteria for Legislative Decisions 19 LOC 50.07.003.16.c Required Notice to DLCD 20 LOC 50.07.003.16.d Planning Commission Recommendation Required 21 LOC 50.07.003.16.e City Council Review and Decision 22 FINDINGS AND REASONS 23 As findings supporting its decision, the City Council incorporates the Planning 24 Commission Staff Report dated September 16, 2021, the Planning Commission Memo 25 dated October 7, 2021 and the Council Report dated December 22, 2021 (with all 26 exhibits attached thereto). Page 2 — FINDINGS & CONCLUSIONS (LU 20-0005 / ORDINANCE 2847) JASON LOOS LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) ATTACHMENT A (ORDINANCE 2847) 1 2 3 CONCLUSION 4 The City Council concludes that LU 20-0005 complies with all applicable 5 criteria and should be approved. The Council also concludes that proposed 6 Ordinance 2847, which implements LU 20-0005, should be enacted. 7 8 AYES: 9 NOES: 10 ABSENT: 11 ABSTAIN: 12 EXCUSED: 13 14 DATED this day of January, 2022. 15 16 Joseph M. Buck, Mayor 17 18 ATTEST: 19 20 Kari Linder, City Recorder 21 22 APPROVED AS TO FORM: 23 24 Jason Loos, City Attorney 25 26 Page 3 — FINDINGS & CONCLUSIONS (LU 20-0005 / ORDINANCE 2847) JASON LOOS LAKE OSWEGO CITY ATTORNEY'S OFFICE PO BOX 369/380 A AVENUE LAKE OSWEGO,OREGON 97034 503.635.0225/503.699.7453(F) LU 20-0005 Flood Management Code Amendments Page 1/1 LOC 42.03.025 Street Standards—General PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 42.03.025 Standards Generally; Criteria. 1. The following factors shall be considered in arriving at the design of a particular roadway through application of the standards set forth in this Chapter: /// 4. Flood Management. The Flood Management Area standards of LOC 50.05.011. including variance standards. if applicable to roadways. are hereby incorporated. Roadway development shall comply with the Flood Management Area standards. LU 20-0005 Flood Management Code Amendments Page 1/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 50.05.011 FLOOD MANAGEMENT AREA 1. APPLICABILITY This section cWl acoly-applies to the lands all dcvcloomcntwithin the "flood management area" and is applied when development occurs within the "flood management area;." All development within special flood hazard areas ("flood management area") is subject to the terms of this Section 50.05.011 and other applicable regulations.This section ch�l c p.y to all development within thc "flood r:�\�Nemcnt area,"except if a development or a parcel is thc subject of a Lcttcr of Map Amendment (LOMA) or Lcttcr of Map Revisi 'n Fill 'L-9M(i F) tic4cd by thc Federal Emergency Management Agency (FEMA), at thc request of thc property owner. A development permit shall be obtained before construction or development begins within any area horizontally within the mapped Flood Management Area as defined in LOC 50.05.011.3 Definitions. and as the referenced maps are amended per LOC 50.05.011.4 Mari Administration.The development permit shall be required for all structures. including manufactured dwellings. and for all other development. as defined in LOC 50.05.011.3 Definitions and 50.10.003.2 Definition of Terms. including fill and other development activities. 2. PURPOSE:ABROGATION: RULES OF INTERPRETATION:WARNING: DISCLAIMER OF LIABILITY a. Purpose. It is the purpose of this section to promote public health. safety. and general welfare. and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: ai. Protect human life and healthPromote thc public hg,��hyfety and general welfare; ii. Notify potential buyers that the property is in a special flood hazard area: and ciii. Participate in and maintain eligibility for flood insurance and disaster relief.Maintain Ligibility of properties within thc City to participate in thc National Flood I d.K.Nnce Program. b. Abrogation In addition to LOC 50.01.002.4. LOC 50.50.011 is not intended to repeal. abrogate. or impair any existing easements. covenants. or deed restrictions. However. where LOC 50.05.011 and another code provision. easement. covenant. or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. c. Interpretation In the interpretation and application of this LOC 50.05.011. all provisions shall be: i. Considered as minimum requirements: ii. Liberally construed in favor of the City: and iii. Deemed neither to limit nor repeal any other powers granted under state statutes. d. Warning The degree of flood protection required by LOC 50.05.011 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on LU 20-0005 Flood Management Code Amendments Page 2/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) rare occasions. Flood heights may be increased by man-made or natural causes.These flood management standards do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. e. Disclaimer of Liability LOC 50.05.011 shall not create liability on the part of the City of Lake Oswego. any officer or employee thereof. or the Federal Insurance Administrator for any flood damages that result from reliance on the provisions of LOC 50.05.011 or any administrative decision lawfully made hereunder. 3. DEFINITIONS Unless specifically defined below.words or phrases used in LOC 50.05.011 shall be interpreted so as to give them the meaning they have in common usage. For purposes of this articleLOC 50.05.011. the following definitions shall apply: Appurtenant Structure Appurtenant structure means a structure that is on the same parcel or lot as the principal structure and the use of which is incidental to the use of the principal structure. (Note: Also referred to as Accessory Structure in other articles within this Coded Area of Shallow Floodin. A designated Zone AO. AH.AR/AO or AR/AH on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three ft. where a clearly defined channel does not exist. where the oath of flooding is unpredictable. and where velocity flow may be evident. Such flooding is characterized by oonding or sheet flow. Area of Special Flood Hazard The land in the floodplain subiect to a 1% or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Mao (FIRM) as Zone A. AO. AH. A1-30. AE. A99. and AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard". Base flood The flood having a 1%chance of being eaualed or exceeded in any given year. Base flood elevation (BFE1 The elevation to which floodwater is anticipated to rise during the base flood. per FEMA designation. Breakaway wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces. without causing damage to the elevated portion of the building or supporting foundation system. Crawlspace(below-grade) An enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height. measured from the interior grade of the crawlsoace to the too of the crawlsoace foundation. does not exceed 4 ft. at any point. Design Flood Elevation (LODFEI LU 20-0005 Flood Management Code Amendments Page 3/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) One ft. above either the base flood elevation or the 1996 Flood Inundation Areas (Map D. below). whichever is higher. aFilling(fill) A deposit of material by artificial means, generally for purposes of development or redevelopment. Fill material includss, b•it b not limited to, sand, gravel, soil, rock, and inorganic builliN rxa+erials.See definition of"fill" in LOC 50.10.003.2. 19,-Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land area from: a. the The overflow of inland or tidal waters;e.- b. the The unusual and rapid accumulation of runoff of surface waters from any source; or c. Mudslides (i.e.. mudflows) which are proximately caused by flooding, due to unusual and rapid accumulation of runoff of surface waters from any source and are akin to a river of liauid and flowing mud on the surfaces of normally dry land areas. as when earth is carried by a current of water and deposited alone the path of the current. The collapse or subsidence of land alone the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water. accompanied by a severe storm. or by an unanticipated force of nature. such as flash flood or an abnormal tidal surge. or by some similarly unusual and unforeseeable event which results in flooding due to overflow of inland or tidal waters. c. Flood, Base The flood hayiN a 1%, chance of being equaled or exceeded in any given year.The "base flood" is also known as the "100 year flood." The official FEMA map of a cm\winity, issued by the Feder al IwiNan drsinb�;ator, where the boundaries of the floodway and floodway fringe have been designated. c. Flood Hazard Arcs, Special or "/\rc\a of Special Flood Hazards" "Arca of special flood hazard" shall be defined as ta+ed in // CFR Section 59.1: The land in the floodplain within a ciNs\ inity subject to a 1% or greater chance of floodiN ir;any given year or as such definitivs b amended by the Federal IwiNan drxin XNation after June 3, 2008. The term "special flood hazard area is synonyn vw, in rseaning with the phrase area of special flood hazard." The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed fa-tmakiN hias been completed in preparation for publication of the Flood Iwimnce Rate Map, Zone A usually is refined into Zones A, AO, AH, Al 30,AE, A99, AR, AR/A1 30,AR/AE, AR/AO, AR/AH, AR/A, VO, or V1 30, VE, or V. f,Flood Insurance Rate Map (FIRM) LU 20-0005 Flood Management Code Amendments Page 4/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) The official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to thc cvm c4nity-Lake Oswego. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Mao (DFIRM). Flood Insurance Study(FIS1 An examination. evaluation and determination of flood hazards and. if appropriate. corresponding water surface elevations. or an examination. evaluation and determination of mudslide(i.e.. mudflow) and/or flood-related erosion hazards. g—Flood Management Area The areas depicted on the Flood Management Area Maps, Figures 50.05.011-A to 50.05.011-D. (In the event the maps show the same general area. the mapped areas that have the higher mapped flood elevation shall prevail.) The Flood Management Area Map shows: a.i, FEMA Mapped Areas: {-14—The areas of special flood hazard, as identified by the Federal Insurance Pa2Ir:cintcctia-A-Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Clackamas County, OR and Incorporated Cities" dated Junc 17, 2008.January 18. 2019: ii. 4 4—FIRM, as issued by FEMA at the time of last amendment of the Flood Management Area Map was effective pursuant to LOC 50.05.011.4; and (3) Thc Flood Boundary and Floodway Maps crcotcd for thc National Flood Ir';can e-RFcNg;carc bye FEMA; which are hereby adopted by reference and declared to be a part of this article. b. 1996 Flood Areas + The area inundated during the February 1996 flood along the Willamette River #c T:aaatin liive and thc Oswcgo Canal to thc south of Bryant Road as shown on Figure 50.05.011-D. (which is based on the flood elevation data available at the Engineering Dept.). The 1996 Flood Areas will be used for regulatory purposes provided that the data is at least as restrictive as the FEMA Mapped Areas. subsection a. above. #Flood-Proofing Any combination of structural and nonstructural additions. changes. or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property. water and sanitary facilities. structures. and their contentsTo makc a structurc watcrtight with ws lc cvAxtantb ly- impermcoblc to the paccago of watcr and with structural componcnts having thc copobility of resisting hydrostatic and hydrodynamic loads and cffccts of buoyancy. i•—Floodway Thc area within thc floodplain which includcs thc The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. as determined in the Flood Insurance Studvonc ft. Also referred to as "Regulatory Floodway." j• Floodway Fringe The area of the floodplain lying outside the floodway. LU 20-0005 Flood Management Code Amendments Page 5/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Note to Code Publishing: The Flood Management Area maps that are Figures 50.05.011-A to 50.05.011- D are currently at the end of the Definition section, and they should stay at the end. The Figures should follow the definition of Watercourse. Functionally dependent use A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities. port facilities that are necessary for the loading and unloading of cargo or passengers. and ship buildingand ship repair facilities, and does not include lord term storage or related manufacturing facilities. Hazardous material: Hazardous material is any of the followin& a. Hazardous waste as defined in ORS 466.005: b. Radioactive waste as defined in ORS 469.300. radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005 c. Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and 433.010 to 433.045 and 433.106 to 433.990. d. Hazardous substances designated by the United States Environmental Protection Agency(EPA1 under section 311 of the Federal Water Pollution Control Act. P.L. 92-500. as amended: e. Substances listed by the United States EPA in section 40 of the Code of Federal Regulations. Part 302—Table 302.4 (list of Hazardous Substances and Reportable Quantities) and amendments: f. Material regulated as a Chemical Agent under ORS 465.550: g. Material used as a weapon of mass destruction. or biological weapon: h. Pesticide residue: Dry cleaning solvent as defined by ORS 465.200(91. Highest adjacent grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure A Landmark or Contributing Resource structure. or National Register Property. as defined in LOC 50.10.003.2 Definitions. Lowest floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure. usable solely for parking of vehicles. building access or storage in an area other than a basement area is not considered a building's lowest floor. provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design reauirements of this ordinance. LU 20-0005 Flood Management Code Amendments Page 6/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Manufactured dwelling A structure. transportable in one or more sections.which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the reauired utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with "manufactured home". Manufactured dwelling nark or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale. Mean Sea Level "Mean sea level" and other references to elevations are based on the National Geodetic Vertical Datum 1NGVD) of 1929 or other datum. to which base flood elevations shown on Lake Oswego Flood Insurance Rate Mao are referenced. New construction New construction means structures for which the "start of construction" commenced on or after October 13. 1981 and includes any subseauent improvements to such structures. Oswego Lake Oswego Lake includes the main lake and all embavments and canals that have the same elevation as the main lake. Recreational vehicle A vehicle that is: a. Built on a single chassis: b. 400 sauare ft. or less when measured at the largest horizontal oroiection: c. Designed to be self-propelled or permanently towable by a light duty truck: and d. Designed primarily not for use as a permanent dwelling but as temporary living auarters for recreational. camping.travel. or seasonal use. Special flood hazard area See "Area of special flood hazard"for this definition. Start of Construction Includes substantial improvement and means the date the building permit was issued. provided the actual start of construction. repair. reconstruction. rehabilitation. addition. placement. or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site. such as the pouring of slab or footings. the installation of piles. the construction of columns. or any work beyond the stage of excavation: or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation. such as clearing. grading. and filling: nor does it include the installation of streets and/or walkways: nor does it include excavation for a basement. footings. piers. or foundations or the erection of temporary forms: nor does it include the installation on the property of accessory buildings. such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement. the actual start of construction means the first alteration of any wall. ceiling. floor. or LU 20-0005 Flood Management Code Amendments Page 7/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) other structural Dart of a building. whether or not that alteration affects the external dimensions of the buildir Structure: A walled and roofed building. including a gas or liauid storage tank. principally above ground. as well as a manufactured dwelling. Substantial damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would eaual or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement Any reconstruction. rehabilitation. addition. or other improvement of a structure. the cost of which eauals or exceeds 50 percent of the market value of the structure before the"start of construction" of the improvement. This term includes structures which have incurred "substantial damaae."reaardless of the actual repair work performed. The term does not. however. include either: a. Any oroiect for improvement of a structure to correct existing violations of state or local health_ sanitary. or safety code specifications which have been identified by the city enforcement official and which are the minimum necessary to assure safe living conditions: or b. Any alteration of a "historic structure." provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance A grant of relief pursuant to LOC 50.05.011.8 from the terms of a floodolain management regulation. Watercourse A bed or channel of a riverine drainagewav such as a river. stream. creek. or brook. Note to Code Publishing: The maps that are Figures 50.05.011-A to 50.05.011-D are currently at the end of the Definition section, and they should stay at the end. The Figures should follow the definition of Watercourse. 4. MAP ADMINISTRATION The purpose of this section is to providc outline the a-process for amending the Flood Management Area Map, Figures 50.05.011-A to 50.05.011-D. a. Revision of FIRM (Figures 50.05.011-A to 50.05.011-C1. 4—If amendments to the Flood Management Area Map are due to changes to the Special Flood Hazards Areas depicted on Flood Insurance Rate Maps of the National Flood Insurance Program or by Letter of Map Revision [but not including Letter of Map Revision— Fill (LOMR-F)],the amendment shall be LU 20-0005 Flood Management Code Amendments Page 8/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) dependent upon successful compliance with the map and revision process of the National Flood Insurance Program (4 -44 CFR 65). +When an applicant proposes to FEMA amends revise the FIRM, including as a result of a Letter of Map Revision (LOMR) but not including by a LOMR-F, a public hearing shall be held, and notice given in the same manner as for a map error in LOC 50.05.011.4.b. The amendment of the Flood Management Area Map shall be recommended by the Planning Commission, and amended by the City Council upon finding that the map revision process of the National Flood Insurance Program (4 -44 CFR 65) was followed and that FEMA has amended revised the FIRM by the LOMR process. b. Revision of 1996 Flood Map€r eff Fieure 50.05.011-DI i. Within 90 days of receiving information s&-ah'hiN a possible error in the existence or location of a flood rxariagement arc ,the City Manage\shall ovide notice of a public ho ring at which the ManniN Cm\\Nbsion will review the error for compliance with the section. Notice of the heariN shall be sent to property owners who have property that will be included or withdrawn from the flood rsariagement area as a result of the change. Notice shall ado be sent to owners of property within 100 ft. of the affected properties. Following the public hsariN,th1 Pannirr acNs sicNs shall rake a recommendation to the City Council as to whether the flood management arco boundaries should be changed.When an applicant proposes revision of the 1996 Flood Map (Figure 50.05.011-D). the application shall be processed per LOC 50.07.003.16 either as a legislative decision or as a auasi-iudicial decision. The criteria to adopt the revision shall be as provide in subsection ii and provisions of LOC 50.07.003.16.b. including applicable Policies in Sections A and B of the Natural Hazards section of the Comprehensive Plan and LCDC Goal 7. The manner of public notice. and of public hearing before the Planning Commission and City Council shall be: (11 Legislative Decision: See LOC 50.07.003.16 (2) Quasi-Judicial Decision:As provided for maior developments in LOC 50.07.003.15.c.i(1-3). ii. The City Council shall arrond the 1996 Flood Management Arco Map (Figure 5005.011-D1 shall be revised if the an information applicant demonstrates that there is an error in the existence or location of the 1996 Flood Areascrror on the Flood Management Arco Map. A public hearing shall be held before the Planning Commission for recommendation to the City Council. The City Manager shall provide notice of the public hearing at which the PlanninQ. Commission will review the error for compliance with this section. Notice of the hearing shall be sent to property owners who have property that will be included or withdrawn from the Flood Management Area as a result of the change. Notice of the public hearing shall be given in the manner reauired by LOC 50.07.003.16.e. except that notice shall also be mailed to owners of property within 100 ft. of the affected properties. Following the public hearing.the Planning Commission shall make a recommendation to the City Council as to whether the 1996 Flood Map boundaries should be changed. 5. DEVELOPMENT REVIEW a. Authority and Criteria LU 20-0005 Flood Management Code Amendments Page 9/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Development review is required for all development proposed within the flood management area. The reviewing authority shall review all development permits to: i. Determine that the permit requirements of this LOC 50.05.011 have been satisfied: ii. Determine that all other required local. state. and federal permits have been obtained and approved. iii. Determine if the proposed development is located in a floodway. If located in the floodwav assure that the floodwav provisions in Floodway. subsection 6.b.xii Encroachment Within Floodwav below. are met: and iv. Determine if the proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study(FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of LOC 50.07.004.13.b: and v. Provide to building official the Design Flood Elevation (LODFE) applicable to any structure reauirine a development permit. vi. Determine if the proposed development qualifies as a substantial improvement as defined in subsection 3 Definitions. vii. Determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed. ensure compliance with the provisions in subsection 6.b.viii Alteration of Watercourse. viii. Determine if the proposed development activity includes the placement of fill or excavation. The City Manage\chiall review all pv-rxit app;ications for development within the flood rxariagement aroa as set fc\-h in LOC Article 50.07, Review and Approval Procedures. Development within a flood management aroa may be allowed only when the following criteria are satisfied: i. Compliance with Standards The proposed developm. -chiall be consistent with the Flood Management Arco Development Standards (LOC 50.05.011.7) and the Standards for Construction (LOC 50.05.01 .S). If proposed in the floodway,the developm. -chiall a-o be consistent with the encroachment within floodway standards {LOC 50.05.011.6). ii. Compliance with Procedures an Svb< i al Requirements The development propecal chiall comply with the procedures an h ci al requirements of this section and all other relevant sections of the City Code. iii. Agency Permit Review The applicant chhall demonstrate thiat all necessary pv-rxitc heave been obtained from the fedv-alr.-A-at- or local governmental agencies from which prior approval is required. If applications for the necessary hrave been made but the pc\rci heave not yet been issued,the City may conditic apt oval on successful acquisition of the required permits. b. Records LU 20-0005 Flood Management Code Amendments Page 10/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) The City shall maintain,—_for public inspection all, the records pertaining to the provisions of this LOC 50.05.011 and the submission documents reauired by LOC 50.07.004.13.of proceeliNs subject to this section. Note to Code Publishing:Add Cross-Reference: Cross-Reference: See Flood Management Area submittal reauirements in LOC 50.07.004.13. c. Submittal Requirements Applications for development permits within the Flood Management Arco shall comply with the followiN cvh\Nital requirements: i. Information Required Habitable Structures For development of a hiabi-ab o structure, the applicant chhall cib\\Nita cite rAir,and supporting information. Application matte ia6; chiall be verified by an on site survey by a registered professional land surveyor or registered professional engineer anal,-at a rrinirrirx/:hiall ovide survey information for the portion of the subject property within the flood rxariagement arc . The City Manager may require cvhsNi al of the followiN information for the subject property: (1) The boundary lines for the base flood and floodway; (2) The elevation, in relation to moan spa level, of the base flood and the :latvrx W. (3) The ei tires and proposed topography at the two ft. contour interval in those aro s where development is proposed (including fill, excavation, and stockpile aro s); (1) The location and description of eizctir ,g strums; (5) The location of eit tiro and proposed structurcc, utilities, streets, and other development; and (6) The elevation, in relation to moan scan level, of the lowest floor of all proposed habitable structures. ii. Information Required Nonhabitable Structures For nm"iabi-abe structuresrar;app icant shall sibcNit a cite p an that in eclat a rxinimir% the following information for the subject property: (1) The boundary lines for the base flood and floodway; (2) The elevation, in relation to moan scan level, of the base flood and the :katvrc w� (3) The location of ei tiN and proposed structurcc, utilities, streets, and other development. d. Certification of Elevation and Flood Proofing Within the flood rnariagement arc , a Certificate of Elevation and Flood ProofiN&Mall be obtained prior to the City'c ic''Qncc of any occupancy permit. Fv.all hah'ahe structures, the following information shall be documented on the "Elevation Certificate" form provided by and recorded with the City: LU 20-0005 Flood Management Code Amendments Page 11/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) �. The bvilt :devotion, in relation to mean sea level, of the lowest floor(including basement) of all new and sdb -an+ic. Iy improved structures. A registered professional engineer, architect, or land surveyor shall certify this information. ii. The act-.. es b ilt elevation, in relation to mean sea level,to which any structure has been flood proofed. A registered professional engineer, architect, or land surveyor shall certify this information. The design and methods of construction for any N±.i+iublo nonreside\ntic. Xricture arc in accordance with the flood rN��goment area standards for nonresidential construction. A registered professional engineer or architect sWI ovide this certification. c. Base Flood Elcvatia~ PIM When base flood elevation etc has not been provided (A zones) in accordance with LOC 50.05.011.1, the appliam+ provide, subject to review by the City Manager, base flood elevation and floodway data available from a fede\-zy.Xcto or other source, in order for the City Manager to administer the Encroachment within Floodway, Flood Management Area Development, and Standards for Construction. f. Rcvicw of Building Permits Where elevation not available either through the Flood Ir.:4=ce Study, FIRM, or from another authoritative source, applications for building permits for structures sWI be reviewed to assure +Yam th? proposed construction will be reasonably safe from flooding. When designed fee hvm\n Yeti+onion, a structure will be considered reasonably safe from flooding if the floor level is: i. Elevated at least two ft. above the highest adjacent grade in the A zoRM "I-lighost adjacent grade" means the higher :devotion of the ground surface prior to construction next to the proposed walls of a structure; or ii. Elevated at least one ft. above the base flood level, as eeltcbl hod by a study docume\ntir g th1 base flood level at the site of the structure. The study shall be prepared by a qualified licensed engineer, and sWI we historical ��1 hbh wa-t rs`xIce, ph-e'rpl. of past flooding, etc. . ENCROACHMENT WITHIN [I OODWAV The followiN&tandards apply only within the floodways depicted on FEMA r .;.i.N Encroachment, including fill, new constructic\n�ibtantic. irrpr ovements, or other development within a floodway shall be prohibited except under any of the following ciredran +IN� encroachment would not re&dlt it/any increase in the flood level dirir'gthe occurrence of the base flood. b. A new structure may replace a previously ei iN tricture provided the new structure occupies the same foetpr in+e&the previously ei tiro tricture and certification from a professional engineer demonstrates +fay the structure is designed to withstand hydrostatic and hydrodynamic forces. c ill „ orbs. „f a trueture below bas flood elevation may replace a previously existing structure; provided,tF't it occupies an arcs. +Ian b no larger in arcs. +Ian the footprint of the previously sit irg tricture or, if larger in area, will not increase the flood level ddrir ;the occurrence of the base flood. Certification from a professional engineer sWI be provided dernc -t-rtir'g tF the structure is designed to withstand hydrostatic and hydrodynamic forces and that encroachment would not result in any increase in the flood level ddrir'gthe occurrence of the base flood. LU 20-0005 Flood Management Code Amendments Page 12/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) , boat lifts, piers, Xrictures may be located within the floodway provided the structures arc designed by a professional engineer to not increase flood levels. The following methods may be used to achieve th standard: Ci irk and removal of material tc rcitig.-A-c water displacement; ii. Use of fI tir'g c anchored to eliminate lateral movement; iii. Use of breakaway walls; iv. Orientation of the structure so that opu-irz vo parallel to the flow; or v. Other appropriate engineering design techniques. c. Along Tryon Creak, Crcck, and Oswego Crcck in areas where a floodway has not been designated, no new constructinny bixtaitic. irc�ovements, or other development (including fill) d l be permitted within Zones A and AE on the FIRM, unless it is demonstrated+Yam th1cireiive effect of the proposed development, when combined with all other ci tiro and anticipated development [an c��b�ir g and anticipated development" is defined or interpreted by FEMA in // CFR Section 60.3(c)(10)] will not increase the water surface elevation of the base flood more than one ft. any point. The dam and its ancillary facilities, including the hydroelectric facility, as operated and rain+ nod by the Lake Oswego Corporativn,-d l be exempt free thb &action. �6. FLOOD MANAGEMENT AREA DEVELOPMENT STANDARDS The following standards apply to development. including fill. within the flood management area: a. Permitted Development i Planting new trees or vegetation excluding plants listed on the Plant List as invasive plants. ii. Restoration or enhancement of floodplains, riparian areas, wetland, upland and streams that meet federal and state standards; provided, that any restoration project which encroaches on the floodway complies with the requirements of LOC 50.05.011.6.b.xii, Encroachment within Floodway. iii. Work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies; provided,that within 440-90 days after the emergency has passed, ai4 development permit application has been filed-tc rsitig.-A-e-FcniN adverse impacts in accordance with/applicable standards,for approval under the standards and criteria of this LOC 50.05.011. iv. Except as set forth in LOC 50.05.011. 6.b, new culverts, stream crossings, and transportation projects may be permitted if designed as balanced cut and fill projects or designed to not significantly raise the base flood elevation. /// b. Development Restrictions Special standards apply as follows:ln the Flood Management Area. the following standards shall be adhered to: i. Fill LU 20-0005 Flood Management Code Amendments Page 13/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) (1) Fill in the Floodway Fill shall only be placed in the floodway when done in accordance with the floodway encroachment standards of LOC 50.05.011.6.b.xii. (2) Fill—General Provisions The following standards apply throughout the flood management area: (b) In areas outside of the floodway, fill is permitted under the following conditions: (ii) Fill in quantities greater than ten cubic yards is permitted within the floodplain of Oswego Lake and the developed areas of its outlets. Fill in quantities greater than ten cubic yards is permitted elsewhere within the flood management area when balanced with removal of an equal amount of material such as sand, gravel, soil, rock, and building material. Only removal of material below the base flood elevation within the same watershed shall be counted as compensating for fill. ii. Transportation Projects New culverts, stream crossings, and transportation projects shall be designed to minimize the area of fill in the flood management area and to minimize erosive velocities to the extent practicable. Stream crossings shall be as close to perpendicular to the stream as practicable. Bridges shall be used instead of culverts wherever practicable. iii. Storage (1) Hazardous Materials Uncontained hazardous Hazardous matcrialMaterial , as dcfincd by the Dcpartmcnt of Environmcnt Quality, or development providing for the storage or processing of materials that are buoyant,flammable, explosive, toxic, or that could be injurious to human, animal, or plant life in time of flooding are prohibited in the flood management area. Exceptions include: (2) Other Storage iv. Structures (1) Residential Construction (la) New construction and substantial improvement of any hnbiab1 residential structure shall have the lowest floor. includin2 basement. elevated to at Ic\ast one ft. or above the LODFE , (See subsection 4 Appurtenant Structures for accessory structure.) LU 20-0005 Flood Management Code Amendments Page 14/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 44b) Fully enclosed areas below the lowest floor and below the design flood elevation that are subject to flooding shall comply with the flood opening requirements in subsection 6.b.iv(6) Flood Openingsbe designed to equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood watcwN &Mall not rely car hirran intervention. Designs for aye tires thb requirenrs\n shiall either be certified by a registered professional engineer or architect rceet or exceed the followiN rxinirrdrr criteria: (a.) A reinirxirx of two operiNs heaving a total net aroa of not Isss thian one sq. in. for every sq. ft. of enclosed aroa subject to floodir g shall bo provided. (b) The bottom of all operiNs shiall bo no higher than one ft. above grade. (c) OpcxsiNs rndy be equipped with screens, louvers, valves, or other coverings or devices; provided, thiat they permit the automatic entry and exit of flood waters. 121 Garages (al Attached garages may be constructed with the garage floor slab below the Design Flood Elevation (LODFE) in riverine flood zones. if the following requirements are met: (i) If located within a floodwav the proposed garage must comply with the requirements of subsection 6.b.xii Encroachment Within Floodway. (ii) The floors are at or above grade on not less than one side:. (iii) The garage is used solely for parking. building access. and/or storage: (iv) The garage is constructed with flood openings in compliance with subsection 6.b.iv(6) Flood Openings to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (v) The portions of the garage constructed below the LODFE are constructed with materials resistant to flood damage.. (vi) The garage is constructed in compliance with the standards in LOC 50.05.011.6 Flood Management Area Development Standards and .7 Standards for Construction: and (vii) The garage is 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. (b) Detached garages must be constructed in compliance with the standards for appurtenant structures in subsection 6.b.iv(4) or non-residential structures in subsection 6.b.iv(3) depending on the square footage of the garage. LU 20-0005 Flood Management Code Amendments Page 15/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) )41) Nonresidential Construction New construction and substantial improvement of any commercial, public use, industrial or hnbitab—other nonresidential structure shall: (la) Have the lowest floor,(including a basement which is intcndcd to be a rcgular workplacc for pcoplc)elevated to at Imst one ft. abovc thc cicvation or above the LODFE_of thc basc flood or of thc flood ncarngcmcnt area as cithcr applics to thc subjcct property, whichcvv higher, arbvl chnll r:coct thc standards for cncloscd arcs bclow thc lowcst floor as dcscriboal in cAbccction 7.b.iv of this scction, Rcsidcntial Construction; or (2b) Together with attendant utility and sanitary facilities, shall: (al) Be dcsigncd floodoroofed to co that bclow the cicvationLODFE-4- the basc flood or of thc flood r:cariSomcnt arc as cithcr applics to thc cubjcct property,whichcvv hbh , so that the structure is watertight with walls substantially impermeable to the passage of waterflood proofcd to thc standards of thc National Flood Ir4;cancc Program; (bii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (ciii) 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 subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the City Manager as set forth in LOC 50.05.011.6.b.iv(21 Garages; and (dc) —Nonresidential structures that are elevated, rate than boing not flood- proofed, must shall comply with mcct the camc standards for enclosed areas cpacc below the lowest floor as dcscribo21 in cAbccction 7.b.iv(2) of this ccctionin subsection 6.b.iv(61 Flood Openings. J41 Appurtenant Structures Relief from elevation or floodoroofing reauirements for residential and non-residential structures in Riverine (Non-Coastal)flood zones may be granted for appurtenant structures that meet all of the following: (a) Appurtenant structures located partially or entirely within the floodwav must comply with reauirements for development within a floodwav found in subsection 6.b.xii Encroachment Within Floodway. (b) Appurtenant structures must only be used for parking. access. and/or storage and shall not be used for human habitation: (c) In compliance with Lake Oswego Building Code. appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 sa. ft.. or 400 sa. ft. if the property is greater than two (2) acres in area and the proposed appurtenant structure will be located a minimum of 20 feet LU 20-0005 Flood Management Code Amendments Page 16/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) from all property lines. Appurtenant structures on properties that are zoned as non-residential are limited in size to 120 sa. ft. (d) The portions of the appurtenant structure located below the LODFE must be built using flood resistant materials: (e) The appurtenant structure must be adeauatelv anchored to prevent flotation. collapse. and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads. including the effects of buoyancy. during conditions of the base flood. (f) The appurtenant structure must be designed and constructed to eaualize hydrostatic flood forces on exterior walls and comply with the reauirements for flood openings in subsection 6.b.iv(6) Flood Openings; (2) Appurtenant structures shall be located and constructed to have low damage potential: (h) Appurtenant structures shall not be used to store hazardous material (see LOC 50.05.010.6.b.iii). oil. or gasoline. or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with subsection 7.c Tanks. (i) Appurtenant structures shall be constructed with electrical. mechanical. 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. (51. Manufactured Homes (a) New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection 6.b.iv(61 Flood Openings; (b) The bottom of the longitudinal chassis frame beam shall be at or above one ft. above the design flood elevation; (c) New or substantially improved manufactured dwellings 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 around anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniaues): and: (d) Electrical crossover connections shall be a minimum of one ft. above the design flood elevation. (61 Flood Onenines All new construction and substantial improvements with fully enclosed areas below the lowest floor(excluding basements) are subject to the following reauirements. Enclosed areas below the LODFE. including crawl spaces shall: LU 20-0005 Flood Management Code Amendments Page 17/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) (a) Be designed to automatically eaualize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters: (b) Be used solely for parking. storage. or building access: (c) Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: (i) A minimum of two openings. (ii) The total net area of non-engineered openings shall be not less than one (1) sauare inch for each sa. ft. of enclosed area. where the enclosed area is measured on the exterior of the enclosure walls. (iii) The bottom of all openings shall be no higher than one ft. above grade. (iv) Openings may be eauipped with screens. louvers. valves. or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. (v) Any additional higher standards for flood openings in the Lake Oswego Building Code. Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. (71 Crawlsoaces(Below Gradel (a) The building must be designed and adeauatelv anchored to resist flotation. collapse. and lateral movement of the structure resulting from hvdrodvnamic and hydrostatic loads. including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the reauired flood openings stated in Subsection (5) above. Because of hvdrodvnamic loads. crawlspace construction is not allowed in areas with flood velocities greater than five ft. per second unless the design is reviewed by a aualified design professional. such as a registered architect or professional engineer. Other types of foundations are recommended for these areas. (b)The crawlspace is an enclosed area below the LODFE and. as such. must have openings that eaualize hydrostatic pressures by allowing the automatic entry and exit of floodwaters.The bottom of each flood vent opening can be no more than one ft. above the lowest adiacent exterior grade. (c) Portions of the building below the LODFE must be constructed with materials resistant to flood damage.This includes not only the foundation walls of the crawlspace used to elevate the building. but also any foists. insulation. or other materials that extend below the LODFE.The recommended construction practice is to elevate the bottom of foists and all insulation above LODFE. (d)Any building utility systems within the crawlspace must be elevated above LODFE or designed so that floodwaters cannot enter or accumulate within the LU 20-0005 Flood Management Code Amendments Page 18/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) system components during flood conditions. Ductwork. in particular. must either be placed above the LODFE or sealed from floodwaters. (e)The interior grade of a crawlsoace below the LODFE must not be more than two (2)feet below the lowest adjacent exterior grade. If)The height of the below-grade crawlsoace. measured from the interior grade of the crawlsoace to the too of the crawlsoace foundation wall must not exceed four ft. at any point.The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code reauirements for flood hazard areas. (g)There must be an adeauate drainage system that removes floodwaters from the interior area of the crawlsoace.The enclosed area should be drained within a reasonable time after a flood event.The type of drainage system will vary because of the site gradient and other drainage characteristics. such as soil types. Possible options include natural drainage through porous. well-drained soils and drainage systems such as perforated pipes. drainage tiles or gravel or crushed stone drainage by gravity or mechanical means. (h)The velocity of floodwaters at the site shall not exceed five ft. per second for any crawlsoace. For velocities in excess of five ft. per second. other foundation types should be used. (8) Structures Located in Multiple or Partial Flood Zones fa) When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps (FIRM)the provisions for the more restrictive flood zone shall apply. (b) When a structure is partially located in a special flood hazard area. the entire structure shall meet the reauirements for new construction and substantial improvements. vi. Utilities /// (4) On-site waste disposal systems (on-site sewerage systems) shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality regulations. vii AAanufactured Home All rxar Afacturcd homcs to be placcd c4b antially improvcd within a floo21p n chnll b1 cicvatcd on a permancnt foundation such tbi t tho lowcst floor of thc manufacturcd homc is at least one ft. abovc thc cicvation of thc basc flood or of thc flood rxarngcmcnt area as cithcr applics to thc subjcct property, whichcvv higher, and sccurcly anchorcd to an anchorcd foundation systcm in accordancc with thc provisions of LOC 50.05.011.8.a. LU 20-0005 Flood Management Code Amendments Page 19/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Lake-Related Infrastructure New lake-related infrastructure and substantial improvements to lake-related infrastructure shall be permitted provided appropriate permits have been obtained from state and federal agencies. viiic. Alteration or Relocation of Watercourses When alteration of a watercourse is proposed withirn riverine floodplain: (1) Thc City shall notify adjacent cmN c4nitios and thc Oregon Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to thc Fedw of Inc;ANan -Alr:cin -Ccation; and (2) Thc applicant chalk (a) Demonstrate that the carrying capacity of thc watercourse is not lir:cinkhcd, and (b) Provide for City approval a an to c6n 1n the carrying capacity of thc watercourse. (3) For purposes of this section, alteratic chnll r:c:1\an physically altering thc direction of water flow. (11 The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained and maintenance shall be provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Also comply with LOC 50.07.004.13.xiv Alteration or Relocation of Watercourse and LOC 50.07.004.13.b. (21 As a condition of approval. the applicant shall submit either: (a). A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained: or (b). Certification by a registered professional engineer that the oroiect has been designed to retain its flood carrying capacity without periodic maintenance. and. as appropriate. notify the Federal Insurance Administration as a Letter of Mari Revision (LOMR1. (3). The applicant shall submit a Conditional Letter of Mao Revision (CLOMR)when reauired under LOC 50.07.004.13.b. Ensure compliance with all applicable reauirements and this subsection. ix. Recreational Vehicles ARecreational vehicles placed on sites within thc flood r:carngcment area chnll blare required to: (11. Be on the site for fewer than 180 consecutive days (and comply with any more restrictive code reauirements. e.g.. LOC 50.03.005.1 and .3): and (2). Be fully licensed and ready for highway use, be on its wheels or a jacking system, is be-attached to the site only by quick disconnect type utilities and security devices, and have has no permanently attached additions. LU 20-0005 Flood Management Code Amendments Page 20/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) x. Development Change in Base Flood Elevation When development changes the base flood elevation. the applicant shall submit to FEMA a CLOMR/LOMR application (with a copy of the submitted application to the City) and pay any processing or application fees associated with the CLOMR/LOMR. The City Manager shall be under no obligation to sign the Community Acknowledgement Form.which is part of the CLOMR/LOMR application. until the applicant demonstrates that the oroiect will or has met the reauirements of this code and all applicable state and federal laws. xi. Subdivisions/ Manufactured Dwelling Parks and Subdivisions All new subdivision proposals and proposals for manufactured dwelling parks and subdivisions shall: (1). Be consistent with the need to minimize flood damage. (2). Have public utilities and facilities such as sewer. gas. electrical. and water systems located and constructed to minimize or eliminate flood damage. (3). Have adeauate drainage provided to reduce exposure to flood hazards. xii. Encroachment Within Floodway Located within the special flood hazard areas established in the definition of Flood Management Area. Section 3 Definitions. above. are areas designated as floodways. Since the floodwav is an extremely hazardous area due to the velocity of the floodwaters which carry debris. potential oroiectiles. and erosion potential. the following provisions apply. in addition to other standards within this Section 6: (1) Encroachments are prohibited. including fill. new construction. substantial improvements. and other development within the adopted regulatory floodwav unless either: (a) Certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachment would not result in any increase in the flood level during the occurrence of the base flood discharge. or (b). Encroachments within an adopted regulatory floodwav that would result in an increase in base flood elevations. provided that a Conditional Letter of Mari Revision (CLOMR) is applied for and approved by the Federal Insurance Administrator. and the reauirements for such revision as established under Volume 44 of the Code of Federal Regulations. section 65.12 are fulfilled. 2 If the reauirements of subsection xii.1 are satisfied. all new construction. substantial improvements. and other development shall comply with all other applicable flood hazard reduction provisions of LOC 50.05.011.6 Flood Management Area Development Standards and .7 Standards for Construction. xiii. Encroachment into Portions of Tryon. SDrinebrook and Oswego Creeks (Undesienated Floodwavl. Along Tryon Creek. Soringbrook Creek. and Oswego Creek in areas where a floodwav has not been designated. no new construction. substantial improvements. or other development LU 20-0005 Flood Management Code Amendments Page 21/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) (including fill) shall be permitted within Zones A1-30. AE. and unnumbered A zones on the 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 one ft. at any point in the flood management area. xiv. Standards for Shallow Flooding Areas Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one (1) to three (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. (11 Standards for AH Zones Development within AH Zones must comply with the standards in LOC 50.05.011.6 Flood Management Area Development Standards and .7 Standards for Construction and adeauate drainage paths are reauired around structures on slopes to guide floodwaters around and away from proposed structures. (21 Standards for AO Zones In AO zones.the following provisions apply in addition to the reauirement in LOC 50.05.011.6 Flood Management Area Development Standards and .7 Standards for Construction and adeauate drainage paths are reauired around structures on slopes to guide floodwaters around and away from proposed structures: (i) New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor. including basement. elevated above the highest grade adjacent to the building. at a minimum of one ft. above the depth number specified on the FIRM or a minimum of two ft. above the highest adjacent grade if no depth number is specified. For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. h i) New construction and substantial improvements of non-nonresidential structures within AO zones shall either: IA) Have the lowest floor(including basement) elevated above the highest adjacent grade of the building site. at a minimum of one ft. above the depth number specified on the FIRM or a minimum of two ft. above the highest adjacent grade if no depth number is specified: or (B). Together with attendant utility and sanitary facilities. be completely floodproofed to a minimum of one ft. above the depth number specified on the FIRM or a minimum of two ft. above the LU 20-0005 Flood Management Code Amendments Page 22/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) highest adjacent grade if no death number is specified. 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 hvdrodvnamic loads and effects of buoyancy. If this method is used. compliance shall be certified by a registered professional engineer as stated in subsection 6.b.iv(3)(a)(iii)(3) Nonresidential Construction. (iii) Recreational vehicles placed on sites within AO Zones shall comply with subsection 6.b.ix Recreational Vehicles. (iv) In AO zones. new and substantially improved appurtenant structures must comply with the standards in subsection 6.b.iv(41 Appurtenant Structures. (v) In AO zones. enclosed areas beneath elevated structures shall comply with the reauirements in subsection 6.b.iv(6) Flood Openings. 87. STANDARDS FOR CONSTRUCTION The following standards apply within the flood management area: a. Anchoring All new construction, including manufactured homes, and substantial improvements in the flood management area shall be anchored to prevent flotation, collapse, or lateral movement of the structure. resulting from hvdrodvnamic and hydrostatic loads. including the effects of buoyancy.Any structurc or portion thcrcof spccifically dcsigncd to float chnll b1 anchorcd to prcvcnt latcral movcmcnt. Manufacturcd homcc chnll b` installo2I ring r:ccthods and practiccc tk t r:cinir:cizc flood damagc; anchoring mcthods may include bAt aro not limitcd to, use of ovcr thc top or framc tics to ground anchors.- ii. All manufactured dwellings shall be anchored per subsection 6.b.iv(5) Manufactured Homes. b. Construction Materials and Method i. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. ii. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. iii. For all new construction an2I c4Letantial ir:cx avcmcnts tc hnbibo structures, cicctrical, heating, vcntilatitN% p r:chr-, nd air conditioning cquipmcnt and othcr utility scrvicc facilitics ;hall be dcsigncd and/or othcrwisc cicvatcd or locatcd so as to prcvcnt watcr from cntcring or ascAr:cAlatir;within thc componcnts during conditions of flooding. Electrical. heating. ventilating. air-conditioning. plumbing. duct systems. and other eauipment and service facilities shall be elevated to or above the LODFE or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hvdrodvnamic loads and stresses. including the effects of buoyancy. during conditions of flooding. In addition. LU 20-0005 Flood Management Code Amendments Page 23/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) electrical. heating. ventilating. air-conditioning. plumbing. duct systems. and other eauioment and service facilities shall: (1) If replaced as part of a substantial improvement. meet all the reauirements of this section. (2) Not be mounted on or penetrate through breakaway walls. c. Tanks Underground tanks shall be anchored to prevent flotation. collapse and lateral movement under conditions of the design flood. ii. Above-ground tanks shall be installed at or above the LODFE or shall be anchored to prevent flotation. collapse. and lateral movement under conditions of the design flood. 18. FLOOD MANAGEMENT AREA VARIANCES a. Limitation of Variance The purposc of this scction is to cnsurc that compliancc with thi coction docs not causc an cxccptional hardship. To avoid such irrtanccs, thc rcquircmcnts of this scction may be modificd bascd on good and sufficicnt causc as dcmonstratcd through compliancc with thc rcquircmcnts of this scction. The issuance of a variance is for floodolain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance. b. ADDlicability Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. in conformance with the provisions of sections c.ii(31 and c.ii(7). and d. As the lot size increases beyond one-half acre. the technical iustification reauired for issuing a variance increases. c. Variance Reauirements ai. Variances to the requirements of this scction LOC 50.05.011 shall only be allowed through variances authorized under this section. bii. To vary from the requirements of this scctiooLOC 50.05.011. the applicant shall demonstrate the following: } _ -The variance is for new construction and substantial improvements to be erected on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. in conformance with the provisions of subsections (3) and (7). below. and subsection d. RIThe variance is the minimum necessary. considering the flood hazard. to afford relief. 131.Within any floodway. no increase in flood levels during the base flood discharge would result (which may be demonstrated by a "no rise" analysis by a licensed engineerl: 141 A showing of good and sufficient cause: {. Failure to grant the variance would result in an exceptional hardship to the applicant; LU 20-0005 Flood Management Code Amendments Page 24/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Granting the variance will not result in increased flood heights. additional threats to oublic safety. extraordinary public expense. create nuisances. cause fraud on or victimization of the oublic. or conflict with existing laws or ordinances: and ii. Thc variance docs not materially increeasc danger to life and property due to flooding or erosion; iii. Thc variance will not materially increeasc thc cost of providing ao2Ir��n+�nir� p4bli� services iIArir g and after flood conditions so as to unduly burden public agencies and taxpayers; and iv. Thc variance is the rxinirxArx necessary, considering thc flood hazard, to afford relief. Ill The variance is for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use. and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to oublic safety. d. Notification to ADDlicant Upon Issuance of Variance Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the LODFE will result in increased premium rates for flood insurance and that such construction below the LODFE increases risks to life and property. Such notification and a record of all variance actions. including justification for their issuance shall be maintained in accordance with LOC 50.07.004.13. including LOC 50.07.004.13.a.xii. 409. CALCULATIONS FOR DETERMINING SUBSTANTIAL IMPROVEMENTS AND SUBSTANTIAL DAMAGE a. For purposes of determining substantial improvements and substantial damage, the City shall base real market value estimates of the structure on one of the following methods selected by the applicant: i. The most recent real market building values listed in the County assessment records plus any improvements made since the last County appraisal.The value of recent improvements shall be based on building permit documents; or ii. An appraisal provided by the applicant conducted by a licensed real estate appraiser selected by the applicant. Such appraisal must provide building market value separate from land value. b. When determining if any reconstruction of an existing structure, or an alteration or addition to an existing structure is a substantial improvement,the City will consider construction improvement values cumulatively on a calendar yccaron a 12 month basi period after a final approval and not calculate these values in a cur:cAk.Ntivc manner. Improvement values shall be based on standard methodologies used to determine building permit valuesconstruction costs per the FEMA Substantial Improvement/ Substantial Damage Desk Reference (FEMA P-758I 10. Designation of Flood Plain Administrator: NFIP Administration The City Manager is hereby appointed to be the Flood Plain Administrator to administer. implement. and enforce this Section 50.05.011 by granting or denying development permits in accordance with its orovisions.The Floodolain Administrator may delegate authority to implement these orovisions. LU 20-0005 Flood Management Code Amendments Page 25/25 LOC 50.05.011 Flood Management Area(Overlay Zone) PLANNING COMMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) The Floodolain Administrator shall perform the following administration reauirements relating to participation and compliance with the federal National Flood Insurance Program: a. Flood Hazard Boundary Alteration Notify the Federal Insurance Administrator in writing whenever the boundaries of Lake Oswego have been modified by annexation or Lake Oswego has otherwise assumed authority or no longer has authority to adopt and enforce floodolain management regulations for a particular area.to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of Lake Oswego suitable for reproduction. clearly delineating the new corporate limits or new area for which Lake Oswego has assumed or relinauished floodolain management regulatory authority. b. Substantial Improvement and Substantial Damage Assessments and Determinations Conduct Substantial Improvement(SI) (as defined in LOC 50.05.011.3) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with LOC 50.07.004.13.b. ii. Conduct Substantial Damage (SD) (as defined in LOC 50.05.011.3) assessments when structures are damaged due to a natural hazard event or other causes. iii. Make SD determinations whenever structures within the special flood hazard area (as established in LOC 50.05.011) are damaged to the extent that the cost of restoring the structure to its before damaged condition would eaual or exceed 50 percent of the market value of the structure before the damage occurred. LU 20-0005 Flood Management Code Amendments Page 1/2 50.07.003.12 - .14 Development Classification PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 12. EXEMPT DEVELOPMENT a. Classification Exempt developments include: i. Landscaping or landscape alterations, unless: (1) Such landscaping or alterations would modify or violate a condition of approval of a prior permit. In such instance, the permit shall be processed as a modification of the prior permit; (2) Located within the Greenway Management Overlay District or Flood Management Area: or (3) Located within an RP or RC overlay district, or an RC or HBA protection area, and not exempt from the requirements of the Sensitive Lands regulations pursuant to LOC 50.05.010.2.b. /// iii. Construction of a structure that does not require a building permit unless in Flood Management Area. iv. Interior remodeling which does not change a structure's occupancy classification or change the structure to a use that does not qualify as a permitted use in the zone. unless in Flood Management Area. v. Exterior remodeling of a structure that does not require a building permit. unless in Flood Management Area. /// 13. MINISTERIAL DEVELOPMENT DECISIONS a. Ministerial Development Classification /// ii. Ministerial Development Types (19) Any development that is not "exempt development" per LOC 50.07.003.12.a because the development is located within the Flood Management Area. (20) A variance to the Flood Management Area Development Standards. Residential or Nonresidential Construction Standards (LOC 50.05.011.6.b (1 or 3). for detached accessory structures used only for functionally dependent uses that are for the parking of vehicles. including boats. and storage at grade if the structure is: LU 20-0005 Flood Management Code Amendments Page 2/2 50.07.003.12 - .14 Development Classification PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) (a) In special flood hazard areas (Zones A. AE. AH. AO. and A1-301. not larger than 500 sa. ft. and walls have flood openines in compliance with the reauirements of LOC 50.05.011.6.b.iv(61 Flood Openines: (b) Anchored to resist flotation. collapse. and lateral movement. (c) Flood damage-resistant materials used below the LODFE (as defined in LOC 50.05.011.1) comply with the reauirements of LOC 50.05.011.7.b. (d) Mechanical. electrical. and utility eauipment comply with the reauirements of LOC 50.05.011.6.b.vi and 7.b: and the variance reauirements of LOC 50.05.011.8 are met. /// e. Review and Decision /// ii. Review Criteria for Ministerial Developments A ministerial development shall comply with the requirements of the zone, including overlay zones, in which the subject lot or parcel is located, the Stormwater Management Code (LOC Article 38.25) and. other than development that is classified as ministerial development per subsection 13.a.ii.(191. shall comply with the following sections of the development standards: /// 4.7) If locatcd in the Flood Managcmcnt Ar a, LOC 50.05.011. (87) Building Design Standard, LOC 50.06.001.2 —4, for construction or exterior modification of a detached single-family dwelling, a single duplex on a lot, zero lot line dwelling, or a structure accessory to such structures. // 14. MINOR DEVELOPMENT DECISIONS a. Minor Development Classification /// ii. "Minor development" under subsection 14.a.i(1) of this section includes: (15) Minor variances, design variances, and major variances (LOC Art. 50.08). and flood management area variances (LOC 50.05.010.8). /// LU 20-0005 Flood Management Code Amendments LOC 50.07.004.13 Additional Submission Requirements Page 1/5 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 13. Flood Management Area LOC 50.07.004.13 shall be interpreted to implement the reauirements of LOC 50.05.011. The definitions of LOC 50.05.011 shall be applied to the terms herein when applicable. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include. but not be limited to. plans drawn to scale showing the nature_ location. dimensions. and elevations of the area in auestion: existing or proposed structures_ fill. storage of materials. drainage facilities. and the location of the foregoing. Specifically. the following information is reauired: a. Information to be Submitted and Maintained The following information shall be submitted by the applicant and then maintained and made available for public inspection by the City as needed. (The obligation to "record" does not mean record with the county clerk: FEMA intends it to mean the City shall retain the information in perpetuity.) i. Submit the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation (BFE) data is provided through the Flood Insurance Study (FIS). Flood Insurance Rate Map (FIRM). or obtained in accordance with subsection 13.b. [The City shall record. and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where BFE data is provided through the FIS_ FIRM. or obtained in accordance with subsection 13.b.1 In riverine flood zones. submit the proposed elevation (in relation to mean sea level). of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures: in accordance with the reauirements of subsection 13.a. ii. Submit the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the reauirements of LOC 50.05.011.6.b.xii Encroachment With Floodway and .5.a.ii Authority and Criteria are adhered to. [The City shall record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the reauirements of LOC 50.05.011.6.b.xii Encroachment Within Floodway. and 5.a.ii Authority and Criteria are adhered to.1 iii. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction. submit documentation in the form of a FEMA Elevation Certificate. prepared and sealed by a professional licensed surveyor or engineer certifying the elevation (in relation to mean sea level) of the lowest floor (including basement). LU 20-0005 Flood Management Code Amendments LOC 50.07.004.13 Additional Submission Requirements Page 2/5 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) iv. Where base flood elevation data are utilized. submit As-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer prior to the final inspection. v. Submit reauired Elevation Certificates (EC). [The City shall maintain all Elevation Certificates (EC) submitted to the City.] vi. Submit: (1). The elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under LOC 50.05.011 and where Base Flood Elevation (BFE) data is provided through the FIS. FIRM. or obtained in accordance with section subsection 13.b. (2). Proposed elevation in relation to mean sea level to which any non- residential structure will be floodproofed. [The City shall record. and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under LOC 50.05.011 and where Base Flood Elevation (BFE) data is provided through the FIS. FIRM. or obtained in accordance with section subsection 13.b.1 The applicant shall submit certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in LOC 50.05.011.6.b.iv(31. vii. Submit floodproofing certificates reauired under LOC 50.05.011. (Applicants floodproofine non-residential buildings shall be notified by the City Manager that flood insurance premiums will be based on rates that are one ft. below the floodproofed level (e.g.. a building floodproofed to the base flood level will be rated as one ft. below)). viii. Submit iustification for all variance actions. (The City shall record and maintain all variance actions. including iustification for their issuance.) ix. Submit all hydrologic and hydraulic analyses performed as reauired under LOC 50.05.011.6.b.xii Encroachment Within Floodway. (The City will obtain and maintain all hydrologic and hydraulic analyses performed as reauired under LOC 50.05.011.6.b.xii Encroachment Within Floodway.) x. Submit substantial improvement calculation for any improvement. addition_ reconstruction. renovation. or rehabilitation of an existing structure. (The City will record and maintain all Substantial Improvement and Substantial Damage calculations LU 20-0005 Flood Management Code Amendments LOC 50.07.004.13 Additional Submission Requirements Page 3/5 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) and determinations as reauired under LOC 50.05.011.9 Calculations For Determining Substantial Improvements and Substantial Damage.) xi. Residential and Nonresidential Structures For development of a residential or nonresidential structure. the applicant shall submit a site plan and supporting information. Application materials shall be verified by an on- site survey by a registered professional land surveyor or registered professional engineer and. at a minimum. shall provide survey information for the portion of the subiect property within the flood management area.The City Manager may reauire submittal of the following supporting information for the subiect property: (11 The boundary lines for the base flood and floodway: (21 The elevation. in relation to mean sea level. of the base flood and the datum used: (3) The existing and proposed topography at the two-ft. contour interval in those areas where development is proposed (including fill. excavation. and stockpile areas): (4) The location and description of existing streams: f51 The location of existing and proposed structures. utilities. streets. and other development: and f61 The elevation. in relation to mean sea level. of the lowest floor of all proposed habitable structures. xii. Appurtenant Structures f11 For appurtenant structures. submit a site plan that includes. at a minimum. the following information for the subiect property: (a) The boundary lines for the base flood and floodway: (b) The elevation. in relation to mean sea level. of the base flood and the datum used: and (c) The location of existing and proposed structures. utilities. streets_ and other development 121 For any variance granted. the Flood Plain Administrator shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as S25 for S100 of insurance coverage and such construction below the base flood level increases risks to life and property. (a) Such notification shall be maintained with a record of all variance actions as reauired in subsection (b) below: and LU 20-0005 Flood Management Code Amendments LOC 50.07.004.13 Additional Submission Requirements Page 4/5 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) (b) The City shall maintain a record of all variance actions. including iustification for their issuance. and report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator. xiii. The amount and location of any fill or excavation activities proposed. xiv. Alteration or Relocation of Watercourses When alteration or relocation of a watercourse is proposed within a riverine floodplain: f11 The applicant shall provide a description of the extent to which any watercourse will be altered or relocated. 121 The City Manager shall notify adiacent communities. Oregon Department of Land Conservation and Development. and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse. and the applicant shall submit evidence of such notification to the Federal Insurance Administration. xv. Development in Portions of Tryon. Springbrook and Oswego Creeks For development within portions of Tryon Creek. Springbrook Creek. and Oswego Creek defined by LOC 50.05.011.6.b.xiii and when the development increases the base flood elevation by more than one ft. in areas. submit a FEMA CLOMR/LOMR application and pay any processing or application fees associated with the CLOMR/LOMR prior to the issuance of a development permit. xvi. Submit description of the extent to which any watercourse will be altered or relocated. xvii. In riverine flood zones. the proposed elevation (in relation to mean sea level). of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures: in accordance with the reauirements of subsection b. b. Information Regarding Base Flood Elevation and Floodway Data / FEMA Notification For all development applications: Base Flood Elevation data. Applicant shall submit: (11 BFE data from the FIS. FIRM. or other authoritative source: or (21 When BFE data per subsection (1) above is not available. e.g._ unnumbered A zones. provide. for review by the City Manager. BFE data available from a federal. state or other source. in order for the City Manager to administer the Encroachment within Floodway. Flood Management Area Development. and Standards for Construction. LU 20-0005 Flood Management Code Amendments LOC 50.07.004.13 Additional Submission Requirements Page 5/5 PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Where elevation data is not available either throueh the Flood Insurance Study. FIRM. or from another authoritative source. applications for development permits for structures shall be reviewed to assure that the proposed structure will be reasonably safe from floodine. A structure will be considered reasonably safe from floodin& if the floor level is elevated at least two ft. above the hiehest adiacent &rade in the unnumbered A zones. "Hiehest adiacent &rade" means the hiehest natural elevation of the &round surface prior to construction next to the proposed walls of a structure. Failure to elevate at least two ft. above &rade in unnumbered A zones may result in hi&her insurance rates. Exception: Development proposals that are either 5 acres or more in size or are 50 lots or more are reauired to include within the application material BFE data. In unnumbered A Zones. the applicant shall provide an en&ineerin& analysis to establish the base flood elevation. ii. Submit all technical data to determine if the development will increase or decrease the base flood elevation. and if the base flood elevation is chan&ed. submit all technical data to support a FEMA CLOMR/LOMR application. iii. Applicant shall notify FEMA within six months of proiect completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision (LOMRI. LU 20-0005 Flood Management Code Amendments Page 1/1 LOC Art. 50.08 Variances PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) LOC 50.08 VARIANCES LOC 50.08.001 INTRODUCTIONS 2. VARIANCES NOT ALLOWED No variance shall be granted for the following: /// g. To vary a standard under LOC 50.05.011 Flood Management Area. except per LOC 50.05.011.9 Flood Management Area Variances. LU 20-0005 Flood Management Code Amendments Page 1/1 LOC 50.09.003 Penalties PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 50.09.003 PENALTIES /// 4. FLOOD PLAIN MANAGEMENT No structure or land shall hereafter be constructed. located. extended. converted. or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its reauirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a civil violation and shall be enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145. Each day that the violation exists shall constitute a separate violation.The maximum fine amount per civil violation shall be as provide in LOC 13.02.020. Nothing contained herein shall prevent the City Manager from taking such other lawful action as is necessary to prevent or remedy any violation. LU 20-0005 Flood Management Code Amendments Page 1/3 LOC 50.10.003.2 Definitions PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) 50.10.003 DEFINITIONS 2. DEFINITION OF TERMS The following terms shall mean. except as may be otherwise defined for a specific Section: /// Development Any manmade change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, mining_ dredging, filling, excavation, drilling operations or removal of trees. Lowest Floor The lowcst floor of thc lowcst cncloscd ar a (inclung asscmcnt). An :,nfini:hcd or flood fcrirfcnt cnclosura, x cblc solcly for psrking of vehicles, watcrarsft, a:, lding access or storage, in an ire other then a luc ent, is not sensidered a building's lows t floor Manufactured Homes A multi-sectional dwelling unit with a Department of Housing and Urban Development (HUD) label, of not less than 1,000 sq. ft. constructed in an off-site manufacturing facility on or after June 15, 1976, to the standards and requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, and designed to be used with a foundation as a dwelling unit on a year-round basis with approved connections to water, sewer and electric utility systems. Notwithstanding thc above, for thc purpose of LOC 50.05.011, Flood Management Ar a, a "msn:,fscturcd homo" is s :frw a, tcsnwartablc in one or more sections, which is a:, It an a permanent ahscc' snd is designed for use with or without a permanent foundation when connected to thc required utilities. For floodpbn rro e-ant p zrposcs thc tcrm "msn:fscturcd home" also includ:c psrk tcsilc s, tcsvel trailers, and other:imilsr vehicles placed on a site for gr oto thsn 130 consecutive days. For in r rsnce purposes thc tcrm "msn:fscturcd home" does not includo psrk tcsilcs, trsvcl trailers, and other :imilsr vehicles. // LU 20-0005 Flood Management Code Amendments Page 2/3 LOC 50.10.003.2 Definitions PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) Mean Sea Lcvcl "Mc\an sc\a Icvcl" and othcr rcfcrcnccs to cicvations arc based on thc National Gcodctic Vertical ^elm (NGVD) of 1929 or othcr deem, to which base flood cicvations shown on a ec\ rsunit 's Flood Imu:incc Ratc Map arc rcfcrcnccd. Oswcgo Lake For purposes of LOC 50.05.011, Flood Management Arcs, "Oswego Lakc" includcs the mein Ick& and all cmbaymcnts and cxtcic +he; hcvc thc same elevation ux the mein Isle- Start of Construction "Start of construction" is m-ant to apply to new construction and :ruu:tcnt'k l improvement, and m ans thc date thc building permit was issued, provided thc as l :fcrt of construction, repair, reconstruction, placement or othcr improvement was within 130 days of thc permit date. For New Construction. Thc means either tho firf placement of permanent construction of c t,-ucture on a site, suoh the pouring of slab or foot%c , thc intclkt<on of piles, thc construction of cakznns, or any work beyond thc stage of excavation; or thc placement of s msn:,fsctured home on a foundation. Permanent construction docs not include land preparation, such as clring, grsding and filling; nor docs it include tho in:fclls` on of streets and/or walkways; nor docs it include excavation fors bssement, font<ngs, piers, or foundations or thc erection of temporary forms; nor docs it include tho in:fcll <on on thc property of accessory buil.S.ngs, :rah ss gsrasos or shcds not occupied as dwo:Iing ,nib:, or not a part of tho msin :ic cturc. b. For Suu fsnt'cl Improvement. Thc as of fcrt means tho fir): alteration of any wall, Ecil b, floor, or othcr struo wcl pert of c b lding, whether or not the ultoration affects thc external dimensions of thc building. Structure That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. If the structure is located across separate parcels or lots and the portions of the structure are separately owned, the "structure" shall be considered to be only that portion of the structure LU 20-0005 Flood Management Code Amendments Page 3/3 LOC 50.10.003.2 Definitions PLANNING COMMISSION RECOMMENDED VERSION 10/11/21 (FEMA APPROVED) that is used or intended for supporting or sheltering any use or occupancy that is occurring within the boundaries of the parcel or lot. For purposcs of LOC 50.05.011, Flood Managcmcnt AFa:, s "frwcturc" m ins a walled and roofcd building and a gas or liquid storage tank. tsn+irl I For thc purpose of LOC 50.05.011, Flood Managcmcnt Arcc, c improvement" reconstruction, rahsailit�.on, addition, or othcr improvcmcnts to a structure, thc cost of which exceeds 50% of the market value of the structure before the %tcrt of construction" of the improvement. "Suu tent cl improvement" slsa+ gins improvement to a structure tht hss been damaged or destroyed to a degroo ths`the cost of repair or restoration would equal or exceed 50% of thc market value of thc structure before thc damage or destruction occurred. The term does not include either: a. Any project for improvement 0 e ctructurc to comply with cMicting ctct or local health, cL\nitry, or safety code specifications which arc solely necessary to afurc safe living conditions, or b. Any alteration 0 e ctructurc listed on thc National Register of Historic Places cx e St�a— Invcntory of Historic Placcs. Watercourse A natural or artificial channel which conveys stormwater runoff. Notwithstanding thc above definition, for purposcs of LOC 50.05.011, Flood Managcmcnt Ar a, watercourse mains s bed or channel of a rivcrinc drainagcway such ss s river, str am, creek, or brook. // APPROVED: 10/11/2021 1 BEFORE THE PLANNING COMMISSION 2 OF THE 3 CITY OF LAKE OSWEGO 4 5 A REQUEST FOR AMENDMENTS TO ) LU 20-0005 - 2014 6 TO COMMUNITY DEVELOPMENT CODE ) (CITY OF LAKE OSWEGO) 7 SECTIONS 50.05.011 , 50.07.003, 50.07.004, ) FINDINGS, CONCLUSIONS & ORDER 8 50.08.001 , 50.003.2 AND STREET DESIGN ) 9 STANDARDS SECTION 42.03.025 TO ) 10 CONFORM TO NATIONAL FLOOD ) 11 INSURANCE PROGRAM ) 12 13 14 NATURE OF APPLICATION 15 16 Amendments to Lake Oswego Code (LOC) Sections 50.05.011 (Flood Management 17 Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission 18 Requirements), 50.08.001 (Introduction/Variances) 50.10.003.2 (Definitions), 42.03.025 19 (Street Design Standards), to conform to the National Flood Insurance Program. 20 21 HEARINGS 22 23 The Planning Commission held a public hearing and considered this application at its 24 meeting on September 27, 2021 . The following exhibit was entered into the record after 25 publication of the staff report dated September 16, 2021 : 26 27 G-3 Email from Mark Heizer, 09/24/21 28 29 CRITERIA AND STANDARDS 30 31 A. City of Lake Oswego Comprehensive Plan 32 Land Use Planning Section D — Land Use Administration 33 Policy D-1 34 Community Culture — Civic Engagement 35 Policies 1 , 2, 3, 4 and 5 36 Community Health and Public Safety (Goal 7) 37 Section A: General Hazard Policies 38 Policies 1 , 2, and 5 39 Section B Flood Hazard Policies 40 Policies B-1 , B-2 and B-4 41 42 LU 20-0005 EXHIBIT B-1/Page 1 of 4 APPROVED: 10/11/2021 1 B. Metro Urban Growth Management Functional Plan 2 Title 4: Protection of Employment Areas, Metro Code Section 3.07.440 3 4 C. Other Statewide Planning Goals 5 Goal 1: Citizen Involvement 6 Goal 2: Land Use Planning 7 Goal 7 Natural Hazards 8 9 D. City of Lake Oswego Community Development Code 10 LOC 50.07.003.1 .b Burden of Proof 11 LOC 50.07.003.7 Appeals 12 LOC 50.07.003.3 Notice of Public Hearing 13 LOC 50.07.003.4 Hearings before a Hearings Body 14 LOC 50.07.003.16.a Legislative Decision Defined 15 LOC 50.07.003.16.b Criteria for Legislative Decisions 16 LOC 50.07.003.16.c Required Notice to DLCD 17 LOC 50.07.003.16.d Planning Commission Recommendation Required 18 LOC 50.07.003.16.e City Council Review and Decision 19 20 CONCLUSION 21 22 The Planning Commission concludes that LU 20-0005 is in compliance with all 23 applicable criteria. 24 25 FINDINGS AND REASONS 26 27 The Planning Commission incorporates the staff report, dated September 16, 2020, on 28 LU 20-0005 (with all exhibits attached thereto) as support for its decision, supplemented 29 by the further findings and conclusions set forth herein. In the event of any 30 inconsistency between the supplementary matter herein and the staff report, the matter 31 herein controls. To the extent they are consistent with the approval granted herein, the 32 Commission adopts by reference its oral deliberations on this matter. 33 34 Following are the supplementary findings and conclusions of this Commission: 35 36 1. The Commission received written testimony from Aron Faegre at 13200 Fielding 37 Road and from Alex MacClean at 13392 Fielding Road. These property owners 38 expressed concern that the Flood Management Area Map inaccurately depicted 39 their properties as being within the Flood zone boundary. 40 41 The Commission found that these properties are located in unincorporated 42 Clackamas County, outside the city boundary and that the city flood mapping 43 data does not apply to these properties. Further, this is an update of the City 44 code text as it relates to the Flood Management Area and no changes to the city 45 flood maps have been proposed as a part of this application. Finally, there exists LU 20-0005 EXHIBIT B-1/Page 2 of 4 APPROVED: 10/11/2021 1 within the Flood Management provisions a Map Administration section that 2 enables amendment of the Flood Management Area Maps by revision through 3 the Letter of Map Revision process or revision of the 1996 Flood Map, and such 4 provisions, although amended by these code amendments, will retain a process 5 for map revisions. See LOC 50.05.011.4. 6 7 2. The Commission also received written testimony from Mark Heizer who resides 8 at 18345 Heather Ann Court, located within the city boundary. In his testimony, 9 Mr. Heizer stated that Letter of Map Revision Process associated with the 10 construction of the spillway by the Lake Oswego Corporation is incomplete. Mr. 11 Hiezer maintained that the Letter of Map Revision incorrectly drew a boundary at 12 the mouth of the canal and did not conduct any further study to determine if the 13 flood plain boundary should extend further up the canal. 14 15 The Commission acknowledged, and City Engineering staff agrees, that there is 16 a need for a future map revision process that would study the canal in greater 17 detail. As noted in the above Finding No. 1 , LOC 50.05.011 .4 includes a process 18 to amend the Flood Management Area Maps. However, as noted above, this is 19 an update of the City code text as it relates to the Flood Management Area and 20 no changes to the Flood Management Area Maps, Figures 50.05.011-A— D, have 21 been proposed as a part of this application. 22 23 ORDER 24 25 IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 26 27 1 . The Planning Commission recommends that LU 20-0005, with the code 28 amendment versions dated October 11 , 2021 , be approved by the City Council. 29 30 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning 31 Commission of the City of Lake Oswego. 32 33 34 DATED this 11th day of October 2021 35 36 37 38 Rob Heape 39 Rob Heape, Chair 40 Planning Commission 41 42 43 44 45 46 ATTEST: LU 20-0005 EXHIBIT B-1/Page 3 of 4 APPROVED: 10/11/2021 1 2 PRELIMINARY DECISION - September 27, 2021 3 4 AYES: Fischer, Heape, Leek, Pape, Phillips, Stewart 5 NOES: None 6 ABSTAIN: Buchanan 7 EXCUSED: None 8 9 ADOPTION OF FINDINGS AND ORDER - October 11, 2021 10 11 AYES: Buchanan, Fischer, Heape, Leek, Stewart 12 NOES: None 13 ABSTAIN: None 14 EXCUSED: Pape, Phillips LU 20-0005 EXHIBIT B-1/Page 4 of 4 APPROVED: 10/25/2021 0 CITY OF LAKE OSWEGO a Planning Commission Minutes September 27, 2021 1. CALL TO ORDER Chair Heape called the meeting to order at 6:30 p.m., in the City Hall Council Chamber, at 380 A Avenue, Lake Oswego, OR 97034. 2. ROLL CALL Members present were Chair Robert Heape, Vice Chair Christian Pape, and Commissioners Rex Buchanan, Joel Fischer*, Helen Leek, Don Phillips, and Philip Stewart*. *Participated remotely. Staff present were Scot Siegel, Planning and Building Services Director; Evan Boone, Deputy City Attorney; Erica Rooney, City Engineer; Rob Amsberry, Floodplain Manager; Paul Espe, Associate Planner; and Iris McCaleb, Administrative Assistant. 3. COUNCIL UPDATE None. 4. PUBLIC COMMENT None. 5. COMMISSION FOR CITIZEN INVOLVEMENT—GENERAL UPDATES Chair Heape announced that the Waluga Neighborhood Association annual general meeting was scheduled for Thursday, October 14, 2021. 6. MINUTES 6.1 July 26, 2021 Vice Chair Pape moved to approve the Minutes of July 26, 2021, as written. Commissioner Leek seconded the motion and it passed 6:0:1. Commissioner Buchanan abstained. 6.2 August 9, 2021 Vice Chair Pape moved to approve the Minutes of August 9, 2021, as written. Commissioner Leek seconded the motion and it passed 6:0:1. Commissioner Buchanan abstained. 7. PUBLIC HEARING 7.1 Flood Hazard Overlay - Community Development Code Amendments (LU 20-0005) A request by the City of Lake Oswego for proposed amendments to Lake Oswego Code (LOC) Sections 50.05.011 (Flood Management Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission Requirements), 50.08.001 (Introduction Variances) City of Lake Oswego Planning Commission September 27, 2021 EXHIBIT C-1/Page 1 of 5 APPROVED: 10/25/2021 50.10.003.2 (Definitions), 42.03.025 (Street Design Standards), to conform to the National Flood Insurance Program. Staff coordinator is Paul Espe, Associate Planner. Chair Heape opened the hearing. Evan Boone, Deputy City Attorney, outlined the hearing procedure. No financial conflicts of interest were declared, and no one challenged any Commissioner's right to consider the application. Staff Report Mr. Espe provided an overview of the staff report. He stated that the proposed amendments were required to ensure continued compliance with the National Flood Insurance Program (NFIP) and that amendments needed to be completed by the Federal Emergency Management Agency (FEMA) deadline of January 1, 2022. Mr. Espe explained that the model ordinance was developed to incorporate changes made by FEMA that were needed in local flood plain regulations to achieve compliance with minimum National Flood Insurance Program and State standards. The new Oregon model ordinance was being used by FEMA Region 10 and the Department of Land Conservation and Development as the review tool for evaluating local ordinances for NFIP compliance. He clarified that FEMA was not permitting local governments to make substantive (or even editorial) changes to the model ordinance text and in fact, were requiring local adoption of much of the ordinance language to be verbatim. He further explained that the state of Oregon delegated the responsibility to local governments in ORS 197.175 to adopt floodplain management regulations and that the purpose of continuing the Flood Management Area designation and mapping was to notify potential buyers that a property was located within a special flood hazard area. The Flood Management Area designation and mapping also serve to notify those who occupy special flood hazard areas that they assume responsibility for their actions. The Department of Land Conservation and Development (DLCD) assessed Lake Oswego Code Section 50.05.011 using the framework required by FEMA Region X for code review purposes. The assessment identified several places where the language in the city code did not adequately reflect the minimum NFIP standards for review and permitting of development in the FEMA Mapped Special Flood Hazard Area. Mr. Espe reviewed the scope of the proposed amendments: 1. Restricting or prohibiting development that is dangerous to health, safety and property due to water or erosion hazards; 2. Requiring that development vulnerable to floods, was protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4. Controlling filling, grading, dredging, and other development that may increase flood damage; 5. Preventing or regulating the construction of flood barriers that would unnaturally divert flood waters or may increase flood hazards in other areas. Key changes were reviewed: • Modifies definitions to align with FEMA • Coordinates with State Specialty Codes City of Lake Oswego Planning Commission September 27, 2021 EXHIBIT C-1/Page 2 of 5 APPROVED: 10/25/2021 • Adds: o Floodplain Permit review requirement o Record retention requirements o FEMA Notification requirement • Addresses substantial improvements and substantial damage assessments • Subdivisions and manufactured dwelling parks • Structures located in Multiple or Partial flood zones • Riverine flood zones section reorganized • Flood openings • Garages Accessory Structures — Boat Houses • City code currently limits boathouses at 600 square feet (Oswego Lake Corp. regulations limit is 500 square feet). • FEMA Model Ordinance limits accessory structures to not more than 200 square feet with a 20-foot setback from all property lines. • Accessory structures not meeting these requirements shall be built with its finished floor elevation above the design flood elevation —wet flood proofing is not an option. Mr. Espe explained that to allow a path forward for the continued construction or substantial improvement of traditional boathouses, the code amendments included a ministerial floodplain variance for boathouses greater than 200 sq. ft. (and not more than 500 sq. ft.) and were wet flood proofed. He further explained that once the amended Flood Management code provisions were adopted, the city would consider making a request for a Community-Wide Exception for boathouses enabling a larger group of boathouses to be constructed or substantially remodeled without the necessity of obtaining a variance. He advised that the construction or substantial remodel would be authorized by an exception in the Code, as approved by FEMA. He clarified that at this time, FEMA had not yet completed its review of the necessary standards and criteria that would need to be addressed before approving a Community-Wide Exception application. Questions of Staff and Deliberations Commissioner Leek asked if existing boat houses were grandfathered in. Staff advised that any alterations or expansions would have to go through a variance process however maintenance and repairs would be allowed. Mr. Amsberry advised that if there was a substantial improvement to a structure, and the value of improvement exceeded 50% of value of existing structure it would be required to meet the new code. Commissioner Phillips questioned when a potential buyer was notified that a property was in the floodplain. Staff indicated it would be part of the due diligence process on the part of the buyer. Chair Heape questioned why the City code limited boathouses to 600 square-feet and the Oswego Lake Corporation regulations limited the size to 500 square-feet. Staff indicated that it was originally intended to be consistent and the goal was to achieve parody with Oswego Lake Corporation's boat house size. City of Lake Oswego Planning Commission September 27, 2021 EXHIBIT C-1/Page 3 of 5 APPROVED: 10/25/2021 Testimony Mark Heizer, 18345 Heather Ann Court, Lake Osweao, 97034, stated he was commenting on behalf of probably more than 100 homes lining the canal between Bryant Road bridge and South Shore bridge. He advised that there was an error in the floodplain map and when it was last updated in 2012 for the main lake, the area from South Shore bridge where the canal comes in to the headgate was not included. He noted that modifications to the headgate and the new sewer were also not taken into consideration. He held that property owners were about to be told that if their boathouse had structural damage or there was a fire and it burned down, they wouldn't be able to rebuild and if they wanted to put an air conditioning unit or new generator on their property, they wouldn't be allowed to unless it was elevated above the floodplain elevation. Mr. Heizer stated that the City was aware of the error in 2015 and didn't correct it. He requested that the city analyze the data and follow city code to correct the maps and notify all impacted property owners. Mr. Heizer clarified for the Commission that when he referred to putting in an air conditioner or generator it was for the primary residence and that because it involved electrical work and the property was in the floodplain the property owner would be required to elevate the equipment adding to the cost. Commissioner Stewart observed that the impact on individual properties would probably vary based on how the topography changed along the canal and that it wasn't a "one size fits all" and that was a very complex analysis that would be needed. Mr. Heizer opined that the FEMA map was correct prior to improvements to the headgate. Commissioner Fischer asked if FEMA was wrong with the maps due to other factors not being considered. Commissioner Fischer asked staff what the City's options were if the map was incorrect. Mr. Espe indicated that if they were small corrections the elevation certificate forms process or letter of map amendment could be used, however in this case the full map correction process would need to be used to accommodate the elevations in the canals. Mr. Boone advised that the proposed code amendments did not change the process for map amendments, but mimicked the FEMA code language. Chair Heape indicated that the Commission would look into adding these FEMA map amendments to the Commission's goals for next year which would be forwarded to the City Council for approval. Mr. Siegel advised that it would also be a matter of prioritization in the Engineering Department to budget, scope and do the work; staff would follow the procedure outlined in Community Development Code. Discussion and Deliberations Commissioner Phillips observed that incorrect maps could potentially cost a property owner a significant amount of money in increased FEMA rates. Vice Chair Pape questioned how many homes were impacted in the city. Mr. Amsberry explained that since the lake was re-mapped, it's a static elevation (a picture in time). He indicated that to analyze how many homes would be affected by any changes, the whole system would need to be evaluated from the Tualatin River down to the lake to see where the changes in the lake affected changes in the canal in regards to floodplain level. He added that properties have their own individual subtleties which was why individual determinations based upon actual on the ground measurements with a licensed surveyor were required to truly determine where that structure was relative to the floodplain. He advised that this was regarding houses along the canal, not elsewhere in the city. City of Lake Oswego Planning Commission September 27, 2021 EXHIBIT C-1/Page 4 of 5 APPROVED: 10/25/2021 Commissioner Leek questioned why other property owners weren't in attendance sharing their concerns. Mr. Heizer stated that he was not sure. Commissioner Stewart asked when a determination was made that repairs or renovations were less than or more than 50 of the value of the property what was used to determine the value. Mr. Amsberry advised that it was the market value of the structure not the property and that staff first reviewed the assessor's market value which provided a breakdown by structure and property; he indicated that if there were questions or the property owner disputed the value, then they could get an appraisal for the structure. Commissioner Leek moved to approve the Flood Hazard Overlay - Community Development Code Amendments (LU 20-0005) based on staffs recommendations. Vice Chair Pape seconded the motion and it passed 6:0:1. Commissioner Buchanan abstained. Staff will return with draft Findings, Conclusions and Order on October 11. 8. OTHER BUSINESS 8.1 Nomination and appointment of Planning Commission representative to the Neighborhood Enhancement Program Grant Selection Committee The Commission appointed Commissioner Stewart as the Planning Commission representative on the Neighborhood Enhancement Program Grant Selection Committee. Mr. Siegel made the following announcements: • A virtual community information session on the proposed new Lake Oswego Wastewater Treatment Facility was scheduled for October 13. • The Middle Housing Code Advisory Committee was scheduled to meet (virtually) on September 29, with their last meeting scheduled October 13. • The City Council tentatively approved the Community Development Code and Map Amendments to the Boones Ferry Road Staging Area. • The City Council held a joint study session with the Chamber of Commerce to discuss economic development and business assistance; there may be some action items or goals coming out of this discussion and they'll likely meet again later this year. 9. SCHEDULE REVIEW Mr. Siegel noted that at its meeting on October 11, the Commission would consider the Findings, Conclusions and Order on the Flood Hazard Overlay - Community Development Code Amendments (LU 20-0005). The Commission agreed to move their first Goal Setting session from November 8 to October 25; Chair Heape requested that Commissioners forward him their input or if they would like to meet individually to let him know. 10. ADJOURNMENT There being no other business Chair Heape adjourned the meeting at 7:35 p.m. City of Lake Oswego Planning Commission September 27, 2021 EXHIBIT C-1/Page 5 of 5 STAFF REPORT CITY OF LAKE OSWEGO PLANNING AND BUILDING SERVICES DEPARTMENT APPLICANT FILE NO. City of Lake Oswego LU 20-0005, Ordinance 2847 LOCATION STAFF All properties within the Floodway Management Paul Espe, Associate Planner Area DATE OF REPORT PLANNING COMMISSION HEARING DATE September 16, 2021 September 27, 2021 I. APPLICANT'S REQUEST The City of Lake Oswego is proposing to amend LOC Sections 50.05.011 (Flood Management Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission Requirements), 50.08.001 (Introduction/Variances) 50.10.003.2 (Definitions), 42.03.025 (Street Design Standards), to conform to the National Flood Insurance Program. Proposed Ordinance No 2847 (LU 20-0005) has been drafted to comply with Federal Emergency Management Agency Regulations and is required to ensure continued compliance with the National Flood Insurance Program (NFIP) within the Federal Emergency Management Agency's (FEMA) deadline of January 1, 2022. These code changes are mandated by FEMA and FEMA is not permitting local governments to make substantive (or even editorial) changes to the Model Ordinance Text. In fact, they've required local adoption of much of the ordinance language to be verbatim. Therefore, the citizen public involvement process emphasizes public information more so than direct involvement in crafting the regulations. • In ORS 197.175, the State of Oregon has delegated the responsibility to local governmental entities to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizens. • The flood hazard areas of City of Lake Oswego are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Planning Commission Public Hearing September 27, 2021 LU 20-0005 EXHIBIT D-1/Page 1 of 18 • These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage also contribute to flood loss. • By continuing the Flood Management Area designation and mapping, one of the purposes of this ordinance is to notify potential buyers that the property is in a special flood hazard area. It also provides notification of those who occupy special flood hazard areas that they assume responsibility for their actions. • By adopting these code amendments, the City will allow property owners within the Flood Management Area to continue to participate in and maintain eligibility for flood insurance and disaster relief. In order to accomplish its purposes, this ordinance amendment and the existing provisions of LOC Ch. 50 includes methods and provisions for: A. Restricting or prohibiting development that is dangerous to health, safety, and property due to water or erosion hazards, or results in damaging increases in erosion or in flood heights or velocities; B. Requiring that development vulnerable to floods, including facilities that serve such development, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas. STAFF RECOMMENDATION: Recommend City Council Approval of the proposed amendments to LOC Sections 50.05.011 (Flood Management Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission Requirements), 50.08.001 (Introduction Variances) 50.10.003.2 (Definitions), 42.03.025 (Street Design Standards), to conform to the FEMA regulations for the National Flood Insurance Program. Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 2 of 18 CODE AMENDMENTS BY SUBJECTS LAKE OSWEGO CODE ITEM SUBJECTS (LOC)SECTION(S) 1. Per the Model Flood Hazard Ordinance, some definitions have been 50.10.003.2 added, removed, or reworded to match the CFR definitions verbatim, as required by FEMA (50.10.003.2). 2. The Model Flood Hazard Ordinance notes the requirement for 50.05.011 coordination with State of Oregon Building Specialty Codes (section 3.3)(50.05.011.1), and incorporates relevant requirements (higher standards)from the Specialty Codes to ensure alignment between the Model Flood Hazard Ordinance text and the building code text. For example, the Model Flood Hazard Ordinance: a. Directly addresses "Garages" (Model Ordinance section 5.2.2)(50.05.011.6.b.iv)(2)), and "Tanks" (Model Ordinance section 5.1.5)(50.05.011.7.c), by incorporating the relevant NFIP and Oregon Specialty Code requirements. b. Incorporates the Specialty Codes' additional standards for flood openings in all new construction including residential structures and substantial improvements within fully enclosed areas below the lowest floor (excluding basements); not just residential structures that require a building permit (Model Ordinance section 5.2.1) (50.05.011.6.b.iv)(7)). 3. The development permit and permit review requirements have been 50.07.004 & expanded in the Model Flood Hazard Ordinance (sections 4.3.2 and 50.05.011 4.2.1) (50.07.004.13 & 50.05.011.5.b), to more accurately capture all of the information the floodplain administrator is required to obtain and review to ensure a floodplain development proposal complies with the standards of the Model Flood Hazard Ordinance (e.g., minimum NFIP and state standards). 4. The Model Flood Hazard Ordinance expands the requirements for 50.07.004 & "Information to be Obtained and Maintained" (section 4.2.2) 50.05.011 (50.07.004.13 & 50.05.011.5.b), to reflect the NFIP minimum requirements and Oregon Specialty Code Requirements. 5. The Model Flood Hazard Ordinance also has a new section, 4.2.3.1 50.05.011 (50.05.011.10.a), "Community Boundary Alterations", that reflects the NFIP minimum requirement for communities to notify FEMA when their boundaries change (e.g., when annexations occur) in the Flood Management Area. Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 3 of 18 CODE AMENDMENTS BY SUBJECTS LAKE OSWEGO CODE ITEM SUBJECTS (LOC)SECTION(S) 6. The Model Flood Hazard Ordinance clearly indicates that floodplain 50.05.011 managers have a duty to conduct Substantial Improvement (SI) assessments and Substantial Damage (SD) determinations in a new section 4.2.4 (50.05.011.10.b), Both SI and SD are defined in section 2.0(50.05.011.10.b(i,ii,iii). SI review is required for all structural development proposals and other development activities associated with or attached to a structure. This section is designed to help ensure that each floodplain development file includes SI calculations whenever appropriate, as well as the floodplain administrator's determination of whether the proposed development activity qualifies as SI. SD review is required whenever structures have been damaged due to natural or other events (i.e. house fire). 7. There is a change to the "Variance Conditions" section in the Model 50.05.011 Flood Hazard Ordinance. Per FEMA guidance, the variance condition related to historic structures has been removed. For more details, including an explanation of the reasons for this change, please see the note in Appendix B for Model Ordiance section 4.4.1 (50.05.011.8.b). 8. In the Model Flood Hazard Ordinance, subdivisions and other 50.05.011 development proposals (including manufactured dwelling parks and subdivisions) have been addressed directly in the new section 5.1.6 (50.05.011.6.b.xi) and the language reflects the minimum NFIP requirements in 44 CFR 60.3(a)(4), and 60.3(b)(3 9' Section 5.1.7 (50.07.004.13), "Use of Other Base Flood Data", has 50.07.004 been moved out of the administration section and the language has been updated to reflect the minimum state and NFIP standards. 10. Section 5.1.8 (50.05.011.6.b.iv(8)), "Structures Located in Multiple or 50.05.011 Partial Flood Zones", has been added to reflect how the NFIP and State of Oregon Specialty Codes address structures that fall within multiple flood zones or are partially within one or more flood zones. 11. Section 5.2 (50.05.011.6), which addresses the specific standards for 50.05.011 riverine flood zones, has been re-organized slightly but it is still broken down by the type of FEMA Flood Insurance Rate Map (FIRM) flood zone and the level of detail or information available. It has also been amended to add the following sections at the beginning: a. Section 5.2.1 (50.05.011.6.b.iv(6), "Flood Openings," which covers Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 4 of 18 CODE AMENDMENTS BY SUBJECTS LAKE OSWEGO CODE ITEM SUBJECTS (LOC)SECTION(S) the NFIP minimum requirements and additional Oregon Specialty Code for flood openings in all new construction including residential structures and substantial improvements within fully enclosed areas below the lowest floor (excluding basements). Not just residential structures that require a building permit. b. Section 5.2.2 (50.05.011.6.b.iv(2)), "Garages," addresses the specific requirements for attached and detached garages under the NFIP minimum standards and Oregon Specialty Code requirements. II. APPLICABLE REGULATIONS City of Lake Oswego Comprehensive Plan A. City of Lake Oswego Comprehensive Plan Land Use Planning Section D— Land Use Administration Policy D-1 Community Culture—Civic Engagement Policies 1, 2, 3, 4 and 5 Community Health and Public Safety (Goal 7) Section A: General Hazard Policies Policies 1, 2, and 5 Section B Flood Hazard Policies Policies B-1, B-2 and B-4 B. Metro Urban Growth Management Functional Plan Title 4: Protection of Employment Areas, Metro Code Section 3.07.440 C. Other Statewide Planning Goals Goal 1: Citizen Involvement Goal 2: Land Use Planning Goal 7 Natural Hazards D. City of Lake Oswego Community Development Code LOC 50.07.003.1.b Burden of Proof LOC 50.07.003.7 Appeals Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 5 of 18 LOC 50.07.003.3 Notice of Public Hearing LOC 50.07.003.4 Hearings before a Hearings Body LOC 50.07.003.16.a Legislative Decision Defined LOC 50.07.003.16.b Criteria for Legislative Decisions LOC 50.07.003.16.c Required Notice to DLCD LOC 50.07.003.16.d Planning Commission Recommendation Required LOC 50.07.003.16.e City Council Review and Decision III. INTRODUCTION/BACKGROUND INFORMATION Mapping Flood Hazard Areas (Flood Management Overlay Map) This section provides some background information about Flood Hazard Mapping, but no changes are being proposed for the Flood Management Overlay Map. The Oregon Dept. of Land Conservation and Development (DLCD) is responsible for administering the Statewide Planning Program, including Statewide Planning Goal 71. Goal 7 requires local comprehensive plans and implementing regulations address Oregon's natural hazards. Protecting people and property from natural hazards requires knowledge, planning, coordination, and education. The State of Oregon has delegated the responsibility to local governments in ORS 197.175 to adopt floodplain management regulations designed to promote the public health, safety, and general welfare for its citizens. Local governments are required to address natural hazards in their comprehensive land use plan. They do this by adopting a natural hazard inventory, and supporting plans and policies. Flood hazard areas are subject to periodic inundation, which may result in loss of life and property, present health and safety hazards, and disruption of commerce and governmental services. Flood- related losses may be caused by the cumulative effect of obstructions in special flood hazard areas, which increase the flood heights and velocities. Structures that are inadequately anchored can cause damage to persons or property. Those uses that are inadequately flood-proofed, elevated or protected from flood damage also contribute to flood loss. Flood damage results in public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the health, safety and general welfare of its residents, businesses, and property owners. Lake Owego's flood hazard areas, mapped in Figures A-D of LOC 50.05.011, are generally found along the Tualatin and Willamette Rivers, Oswego Lake and canal, and some creeks, e.g., Springbrook and Oswego Creeks. The purpose of the flood hazard mapping is threefold: • Notify owners and potential buyers that a property is located within a special flood hazard area. • Notify those who occupy special flood hazard areas have flood risks. 1 httos://www.oregon.aov/Icd/OP/Documents/aoal7.Ddf Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 6 of 18 • Allow property owners within the Flood Management Area, if the Flood Management Area requirements are compliant with the FEMA NFIP to continue to participate in and maintain eligibility for flood insurance and disaster relief. This promotes public health, safety, and general welfare, and minimize public and private losses due to flooding in flood hazard areas. (Again, the proposal does not include map changes.) Maintaining National Flood Insurance Program Community Participation FEMA's Oregon Model Flood Hazard Ordinance (Model Flood Hazard Ordinance), which is a tool used by FEMA to determine compliance with the NFIP requirements, includes standards and provisions that encourage sound floodplain management. The Model Flood Hazard Ordinance text is based on the minimum requirements of the NFIP found in the Code of Federal Regulations (CFR's), Statewide Planning Goal 7, and the Oregon specialty building codes. In August 2019, DLCD, on behalf of FEMA, notified the City that it must amend its Flood Management Area overlay regulations per FEMA's 2019 Model Flood Hazard Ordinance. Model Flood Hazard Ordinance The 2019 Model Flood Hazard Ordinance (Attachment F-1) became available on DLCD's National Flood Insurance Program website to local jurisdictions in late September, 2019. DLCD reviewed LOC 50.05.011 using the framework that DLCD is required by FEMA Region X to use for code review purposes. The assessment identified several places where the language in the city code does not adequately reflect the minimum NFIP standards for review and permitting of development in the FEMA Mapped Special Flood Hazard Area. In early 2020, City staff(the Engineering Dept.'s program lead/floodplain management specialist and the deputy city attorney, with planning staff) began efforts to identify where the 2019 Model Flood Hazard Ordinance presented new substantive provisions that would require amendment. During consultations with DLCD and FEMA staff, it became clear that the code amendments needed to track the Model Flood Hazard Ordinance verbatim in substantial portions, even though the organization of the flood management review and standards were different than in the 2019 version (and in the 1999 version). FEMA now expects local codes to mirror and in some cases be verbatim to the federal NFIP rule language. The model code includes standards that are consistent with Oregon State Specialty Building Codes for structures located in the floodplain. The exception to mirroring the model code is when a community has higher standards. Staff has expended considerable time and effort in working with DLCD and FEMA staff to achieve FEMA's desire for verbatim adoption of the Model Flood Hazard Ordinance, within the organizational framework of the City's existing Community Development Code (LOC Ch. 50) and related codes. The Floodplain Management Specialist for FEMA Region X has established a deadline of January 1, 2022 for the City to complete these code amendments. FEMA has recently reviewed the draft code revisions prepared by staff and found that they are compliant with 44CFR 60.3 and the 2019 Model Flood Ordinance (Exhibits F-1 and F-2). Following the formal adoption of the code amendments, a formal letter of compliance will be issued by FEMA. Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 7 of 18 The Model Flood Hazard Ordinance was developed in response to a change in FEMA's requirements for the language that must be included in local floodplain regulations to achieve compliance with the minimum National Flood Insurance Program (NFIP) and state standards. The proposed amendments are based on the Model Flood Hazard Ordinance, but with the following differences: 1. Organizational structure, 2. Includes Oregon specific floodplain management standards from the State of Oregon Specialty Codes, 3. Where existing Lake Oswego flood management standards are higher than the Model Flood Hazard Ordinance standards, the amendment language continues those higher standards, and 3. Reflects some minor changes to the FEMA Region X model language that are submitted to FEMA Region X and the State NFIP Coordinator as deemed necessary to conform to the Lake Oswego decision-making structure. Much of the Model Flood Hazard Ordinance is pulled verbatim from the Code of Federal Regulations (CFR) NFIP text. There are some grammatical errors in the language that FEMA carried through from the CFR language to the FEMA Region X Model Flood Hazard Ordinance, and are required in proposed code amendments. Recommended and optional higher standards are provided in the Appendices. Key Changes Expanded Scope of Floodplain Development Review Currently, there are several forms of development that are exempt from City permitting requirements. Examples include fences of a certain height, paving, accessory structures of a certain size, grading and filling. Nonetheless, FEMA requires all development within the Flood Management Area to be reviewed for compliance with the Flood Management Overlay Standards. The amendments will assure that all forms of development within the Flood Management Area are captured and appropriately reviewed for compliance with the applicable standards. Accessory (Appurtenant) Structures Specific to Boathouses The NFIP regulates the size, usage and location of accessory structures and has established language specific to accessory structures. Further, the Oregon Residential Specialty Code (ORSC) (Lake Oswego Building Code) also contains regulatory language related to accessory structures. The language in the Oregon Model Flood Hazard Ordinance was developed in consultation with both the NFIP and the ORSC requirements. Currently, boathouse structures are allowed to be constructed with minimal setback to adjacent property lines and allowed to straddle the "lake" property line. The maximum area of a boathouse is set by LOC Table 50.04.003-2at 560 square feet (and by Lake Corp. regulations at 500 square feet). Additionally, current code allows for permitted boathouses with finished floor elevations set below the design flood elevation to be wet flood proofed. Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 8 of 18 The Model Flood Hazard Ordinance restricts the size of an accessory structure on residentially- zoned properties to less than 200 square feet and a minimum setback of 20 feet from all property lines. Any residential accessory structure that does not meet these requirements shall be built with its finished floor elevation above the design flood elevation; wet floodproofing is not an option. Floodplain Variance To allow a path forward for the continued construction or substantial improvement of traditional boathouses, the code amendments include a ministerial floodplain variance for boathouses that are greater than 200 sq. ft. and not more than 500 sq. ft., and are wet floodproofed. City staff has worked with FEMA Region X to include this special "boathouse" Flood Management Area Variance applicability and standards language in the code amendments. An owner wishing to construct or substantially improve a boathouse of more than 200 sq. ft. will now be required to apply for a variance, in addition to obtaining building permit approval.The City is developing an applicant-friendly application, and somewhat standardized, albeit individual review and conditioned approval for qualifying boathouses. The variance process is intended to be a ministerial (staff-level) decision and the variance review is expected to run parallel with the building permit review/approval process. Community-Wide Exceptions (FEMA Floodplain Management Requirements for Agricultural and Accessory Structures Bulletin P-2140 July, 2020) Once the amended Flood Management code provisions have been adopted, the city will consider making a request for a Community-Wide Exception for boathouses, as explained per the FEMA Bulletin. As envisioned in the Bulletin, this will enable boathouses exceeding the above 200 sq. ft. limitation to be constructed/substantially remodeled without the necessity of obtaining a variance. Rather, the construction/substantial remodel would be authorized by an exception in the Code, as approved by FEMA. FEMA states that they recognize that in some instances, due to extraordinary circumstances or local conditions, applying the NFIP requirements for elevation or dry floodproofing to agricultural structures or accessory structures could cause hardship or inequity. In these cases, and in accordance with 44 C.F.R. § 60.6(b) and the Bulletin and related policy, FEMA may approve requests submitted by communities for an exception to specific requirements. If and when approved by FEMA, community-wide exceptions allow communities to deviate from minimum standards under specific conditions without having to process individual variance requests. At this time, however, FEMA does not have the necessary review procedure in place that would needed to approve a Community-Wide Exception application (no other jurisdiction has received such approval). Due to the FEMA timeline for the City to adopt the code amendments, and because of FEMA's delay in implementing procedures for Community-Wide Exceptions, the adoption timeline for the code amendments cannot be suspended until the Community-Wide Exception is feasible. Hence, the ministerial boathouse variance option. Additional Key Changes Ordinance 2847(Exhibit A-1) Contains all of the proposed amendments in each of the code sections (Attachment B). The proposed changes are summarized below: Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 9 of 18 1. Definitions: Per the Model Flood Hazard Ordinance, some definitions have been added, removed, or reworded to match the CFR definitions verbatim, as required by FEMA (50.10.003). 2. State of Oregon Building Specialty Codes: Per the Model Flood Hazard Ordinance, the requirement for coordination with State of Oregon Building Specialty Codes (sections 3.3 and 3.4) (50.05.011) is included, and incorporates relevant requirements (higher standards) from the Specialty Codes to ensure alignment between the Flood Management code text and the building code text. For example: a. Directly addresses "Garages" (section 5.2.2)(50.05.011.6.b.iv(2)), and "Tanks" (section 5.1.5)(50.05.011.7(c), by incorporating the relevant NFIP and Oregon Specialty Code requirements. b. Incorporates the Specialty Codes' additional standards for flood openings in all new construction including residential structures and substantial improvements within fully enclosed areas below the lowest floor (excluding basements); not just residential structures that require a building permit (section 5.2.1)(50.05.011.6.b.iv.(7)). 3. Development Permit: The development permit and permit review requirements have been expanded (sections 4.3.2 and 4.2.1) (50.07.004.13 & 50.05.011.5(b)), to more accurately capture all of the information a community floodplain administrator is required to obtain and review to ensure a floodplain development proposal complies with the standards of the Model Flood Hazard Ordinance (e.g., minimum NFIP and state standards). 4. Record Retention: Expands the requirements for"Information to be Obtained and Maintained" (section 4.2.2) (50.07.004.13 & 50.05.011.5(b)), to reflect the NFIP minimum requirements and Oregon Specialty Code Requirements. 5. Annexation: New section, 4.2.3.1 (50.05.011.10(a)), "Community Boundary Alterations", that reflects the NFIP minimum requirement for communities to notify FEMA when their boundaries change (i.e. when annexations occur) in the Flood Management Area. 6. Substantial Damage (SD) and Substantial Improvement (SI) Assessments: The Model Flood Hazard Ordinance clearly indicates that floodplain managers have a duty to conduct Substantial Improvement (SI) assessments and Substantial Damage (SD) determinations in a new section 4.2.4 (50.05.011.10(B)). Both SI and SD are defined in section 2.0 (50.05.011.10.B.(i)(ii)(iii)). SI review is required for all structural development proposals and other development activities associated with or attached to a structure. This section is designed to help ensure that each floodplain development file includes SI calculations whenever appropriate, as well as the floodplain administrator's determination of whether the proposed development activity qualifies as SI. SD review is required whenever structures have been damaged due to natural or other events (i.e. house fire). 7. Variances for Historic Structures: Per FEMA guidance, the variance condition related to historic structures has been removed. For more details, including an explanation of the reasons for this change, please see the note in Appendix B for section 4.4.1 (50.05.011.8.(b)). Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 10 of 18 8. Subdivisions: Per the Model Flood Hazard Ordinance, subdivisions and other development proposals (including manufactured dwelling parks and subdivisions) have been addressed directly in the new section 5.1.6 (50.05.011.6.b.(xi)) and the language reflects the minimum NFIP requirements in 44 CFR 60.3.a.(4), and 60.3.b.(3). 9. Base Flood Data: Section 5.1.7 (50.07.004.13), "Use of Other Base Flood Data", has been moved out of the administration section and the language has been updated to reflect the minimum state and NFIP standards. 10. Structures Located in Multiple or Partial Flood Zones: Section 5.1.8 (50.05.011.6.b.iv.(8)), "Structures Located in Multiple or Partial Flood Zones", has been added to reflect how the NFIP and State of Oregon Specialty Codes address structures that fall within multiple flood zones or are partially within one or more flood zones. 11. Riverine Flood Zones: Section 5.2 (50.05.011.6), which addresses the specific standards for riverine flood zones has been re-organized slightly, but it is still broken down by the type of FEMA Flood Insurance Rate Map (FIRM) flood zone and the level of detail or information available. It has also been amended to add the following sections at the beginning: a. Section 5.2.1 (50.05.011.6.b.iv.(6)), "Flood Openings," which covers the NFIP minimum requirements and additional Oregon Specialty Code for flood openings in all new construction including residential structures and substantial improvements within fully enclosed areas below the lowest floor (excluding basements). Not just residential structures that require a building permit. b. Section 5.2.2 (50.05.011.6.b.iv.(2)), "Garages," addresses the specific requirements for attached and detached garages under the NFIP minimum standards and Oregon Specialty Code requirements. IV. NOTICE OF APPLICATION A. Newspaper Notice On September 16, 2021, public notice of the proposed code amendments and Planning Commission public hearing was published in the Lake Oswego Review. B. ORS 227.186 (Measure 56) Notice The proposed text amendments to the code sections related to flood management may limit the permitted uses of the property, a notice of the proposal is required by ORS 227.186 (Measure 56) to owners of property in the affected zones. This notice was mailed 35 days before the first evidentiary hearing of September 27 to all of those property owners within the city's Flood Management Areas designated on the Flood Hazard Map. C. DLCD and Metro Notices Pursuant to ORS 197.610 and LOC 50.003.07.16.c, staff has provided notice of the proposed CDC text amendments to the Oregon Department of Land Conservation Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 11 of 18 and Development (DLCD). Staff notified Metro as required by Metro Code 3.07.820(a). V. COMPLIANCE WITH APPROVAL CRITERIA A. City of Lake Oswego Comprehensive Plan Land Use Planning, Section D - Land Use Administration Policy D-1. Policy D-1: Coordinate the development and amendment of City plans and actions related to land use with other affected agencies, including county, state, Metro,federal agency, and special districts. Finding: Staff has provided the required notification to the County, State, and Metro consistent with this policy. Conclusion: The proposal is consistent with this policy. Community Culture—Civic Engagement Policies 1, 2, 3, 4 and 5. Policy 1: Provide citizen involvement opportunities that are appropriate to the scale of a given planning effort. And ensure those affected by a Plan have opportunities to participate in the planning process. Policy 2: Ensure that information related to land use planning and decision making is readily accessible to the public and easy to understand Policy 3: Utilize City Boards and Commissions, Neighborhood Associations and other community groups to ensure diverse and geography broad range of citizen land use issues. Policy 4: Provide opportunities for citizens to engage in land use planning and decision making, including opportunities for individual citizens who may not otherwise participate. Policy 5: Ensure direct and ongoing two-way communication between the City and Lake Oswego Citizens regarding land use issues. Finding: The Community Development Code (CDC), which implements the Comprehensive Plan, contains requirements for a citizen involvement program which clearly defines the procedures by which the general public will be notified in the on-going land use planning Planning Commission Public Hearing September 27, 2021 LU 20-0005 EXHIBIT D-1/Page 12 of 18 process and enables citizens to comprehend the issues and become involved in decision- making. All required notification measures and opportunities for input as specified in the Code were provided during this process, including noticing to the Neighborhood Associations and business organizations, the Lake Corporation, property owners around the lake, along with all of the property owners within the Flood Management Area. Planning staff also conducted one work session on August 9 with the Planning Commission. On August 30, 2021, individual owners of property within the Flood Management Area were notified by mail of the initial public hearing with the Planning Commission addressing the changes mandated by the Model Flood Hazard Ordinance provided by FEMA. Public hearings will be held before the Planning Commission and City Council. All required notification measures and opportunities for input as specified in the Code were provided during this process, including noticing to all Neighborhood Associations and business organizations. Due to the prescriptive nature of FEMA's Model Flood Hazard Ordinance, the requirements for compliance with the NFIP, and FEMA's January 2022 deadline, the City has focused on providing public information and answering questions about the proposal, not involving the public in drafting the regulations, consistent with the above cited Comprehensive Plan policies. Conclusion: The City has provided adequate opportunities for public participation, including two-way communication with affected property owners, consistent with the cited Comprehensive Plan policies. Community Health and Public Safety (Goal 7) Section A: General Hazards Policies Policies 1, 2, and 5. Policy A-1: Promote the implementation of the City's hazard planning through coordination between departments, programs agencies and jurisdictions. Policy A-2: Work with DOGAMI, DLCD, Clackamas County and other agencies to maintain updated hazard inventories that inform potential development. Policy A-5: Reduce vulnerability of the City's critical facilities and infrastructure. Findings The State of Oregon has delegated the responsibility to local governments in ORS 197.175 to adopt floodplain management regulations designed to promote the public health, safety, and general welfare for its citizens. Local governments are required to address natural hazards in their comprehensive land use plan. They do this by adopting a natural hazard inventory, and supporting plans and policies. The City of Lake Oswego has been a participating community in the NFIP since the mid- 1980's.To maintain community eligibility for participation in the NFIP, and hence Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 13 of 18 homeowner eligibility for FEMA-backed flood insurance, FEMA requires that communities keep their local flood hazard regulations current with federal standards. The City is modifying its code sections related to Flood Management in response to recent changes provide by FEMA Region X. These code changes are consistent with the Model Flood Hazard Ordinance provided by FEMA and are needed in order to remain in compliance with FEMA standards and to remain eligible for community participation in the National Flood Insurance Program. Adopting changes that are consistent with the FEMA standards will ensure continued compliance with Statewide Planning Goal 7. The revisions to the Flood Management Area code ensures that the City will apply City flood management area regulations and standards (LOC Section 50.05.011) consistent with City Flood Hazard policies A-1, A-2 and A-5. Adoption of these standards will reduce the vulnerability of the City's critical infrastructure. Conclusion: The proposed code changes are consistent with the Community Health and Public Safety Goals. Community Health and Public Safety (Goal 7) Section B: Flood Hazard Policies Policies B-1, B-2 and B-4 Policy B-1:Apply flood Management standards to areas defined and mapped as being within the City's Flood Management Area, which includes: a. Land within the 100 year flood boundary as depicted on the most recent Flood Insurance Rate Map (FIRM) Flood Boundary and floodway. Maps created for the National Flood Insurance Program by the Federal Emergency Management Agency. b. The area of inundation by the February 1996 flood along the Willamette River along the Tualatin River and along the Oswego Canal south of Bryant Road Policy B-2: Continue to participate in the National Flood Insurance Program and comply with Federal Emergency Management Agency (FEMA) Policy B-4: Implement regulations and standards to ensure public facilities and development meet City FEMA and Metro Title 3 and other regulatory agency requirements and the following: a. Reasonable protection of public facilities b. The flow velocity and elevation of flood waters are not changed so as to endanger other property. c. Other problems associated with flooding such as ponding, poor drainage, high water tables and unstable soils are addressed. As stated under Section A above, the City is modifying its code sections related to Flood Management in response to recent changes provide by FEMA Region X. These code Planning Commission Public Hearing September 27, 2021 LU 20-0005 EXHIBIT D-1/Page 14 of 18 changes need to be consistent with the Model Flood Hazard Ordinance provided by FEMA and are needed in order to remain in continued compliance with FEMA standards and to remain eligible for community participation in the National Flood Insurance Program. Adopting changes that are consistent with the FEMA standards also supports continued compliance with Statewide Planning Goal 7. The revisions to the Flood Management Area code ensures that the City will apply City flood management area regulations and standards (LOC Section 50.05.011) consistent with City Flood Hazard policies A-1, A-2 and A-5. These standards will continue to include the adopted flood maps, which will include the area of inundation by the February 1996 flood along the Willamette River along the Tualatin River and along the Oswego Canal south of Bryant Road. Adoption of these revisions will continue with the regulations and standards to ensure public facilities and development meet City, FEMA, Metro Title 3 and other regulatory agency requirements and reduce the vulnerability of the City's critical infrastructure. Conclusion: The proposed code changes are consistent with the Community Health and Public Safety Goals. B. Metro Urban Growth Management Functional Plan Title 3 of the Metro Urban Growth Functional Plan addresses water quality and flood hazards. The City of Lake Oswego amended its floodplain standards in 2003 to comply with Metro Title 3 requirements. The new code amendments will be consistent with FEMA's Model Flood Hazard Ordinance. The proposed code amendments do not make any changes that would take the City out of compliance with Title 3.The proposed code amendments were sent to Metro staff for review. No comments were received. Conclusion: The proposed code changes are consistent with Title 3 of Metro's Urban Growth Functional Plan C. Compliance with Oregon Statewide Planning Goals Goal 1: Citizen Involvement Goal 2: Land Use Planning Goal 7: Areas Subject to Natural Hazards Goal 1: Citizen Involvement Finding: As stated under "Community Culture-Civic Engagement" above, the Community Development Code (CDC), which implements the Comprehensive Plan, contains requirements for a citizen involvement program which clearly defines the procedures by which the general public will be notified in the on-going land use planning process and enables citizens to comprehend the issues and become involved in decision-making. All required notification measures and opportunities for input as specified in the Code were provided during this process, including Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 15 of 18 noticing to all Neighborhood Associations and business organizations. Therefore, the process followed for these amendments complies with Statewide Planning Goal 1. Conclusion: The amendments are consistent with Statewide Planning Goal 1. Goal 2: Land Use Planning Finding: As stated under "Land Use Planning" Section D, Goal 2 requires local governments to establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. The application has demonstrated conformance with the applicable statewide goals and polices as discussed in this report and is therefore consistent with Statewide Goal 2. Conclusion: The amendments are consistent with Statewide Planning Goal 2. Goal 7: Areas subject to natural hazards This goal requires jurisdictions "to protect life and property from natural disasters and hazards."The goal states: "Local governments will be deemed to comply with Goal 7 for coastal and riverine flood hazards by adopting and implementing local floodplain regulations that meet the minimum National Flood Insurance Program (NFIP) requirements." The adoption of the revised Flood Management Area code is intended to ensure Lake Oswego's continued compliance with the minimum National Flood Insurance Program requirements, consistent with this Goal. Conclusion: The amendments are consistent with Statewide Planning Goal 7. D. Lake Oswego Community Development Code Procedural Requirements LOC 50.07.003.1.b Burden of Proof Finding: The applicant shall bear the burden of proof that the application complies with all applicable review criteria. The applicant is the City of Lake Oswego. The applicant has provided sufficient evidence to determine that the proposal is consistent with Code standards and Comprehensive Plan Policies.These materials are listed as exhibits at the end of this report. Conclusion: The applicant has met the burden for this application. Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 16 of 18 50.07.003.16. Legislative Decisions Procedural requirements for amending the Community Development Code are set forth in section LOC 50.07.003.16 of the code: LOC 50.07.003.16.b - Criteria for Legislative Decision states: A legislative decision is generally a policy decision which is up to the discretion of the City Council, but shall: i. Comply with any applicable state law; ii. Comply with any applicable statewide planning goal or administrative rule adopted pursuant to ORS Chapter 197,• and iii In the case of a legislative amendment to this Community Development Code, comply with any applicable provision of the Lake Oswego Comprehensive Plan. Findings:This staff report states how the proposed amendments comply with all relevant state laws, statewide planning goals, state administrative rules, and City Comprehensive Plan goals and policies. In addition, the report lists how the City has satisfied all procedural and noticing requirements. Conclusion: The amendments comply with all Community Development Code requirements. VI. CONCLUSION/RECOMMENDATION Based on the information presented in this report, staff recommends that the Planning Commission recommend that the City Council approve LU 20-0005. EXHIBITS A. Draft Ordinances A-1 Draft Ordinance 2847, 09/15/21 Attachment A: City Council Findings and Conclusions [Not yet available] Attachment B: Proposed Flood Management Code Sections • LOC 42.03.025 —Street Standards—General • LOC 50.05.011— Flood Management Area (Overlay Zone) • LOC 50.07.003.12 - 14—Development Classification • LOC 50.07.004.13 —Additional Submission Requirements • LOC 50.08—Variances • LOC 50.09.003 — Penalties • LOC 50.10.003 — Definitions B. Findings, Conclusion and Order [No current exhibits] Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 17 of 18 C. Minutes [No current exhibits] D. Staff Reports [No current exhibits] E. Graphics/Plans E-1 Flood Management Area Map F. Written Materials F-1 Model Flood Hazard Management Ordinance, 08/09/19 F-2 FEMA Email Preliminary Approval of Proposed Code Amendments, 07/08/21 F-3 FEMA Oregon Ordinance Review Tool, 06/30/21 G. Letters G-1 Email from A. Faegre, 09/01/21 G-2 Email from A. Maclean, 09/13/21 BACKGROUND MATERIAL AND REFERENCES Use the link below to visit the City's "Project" page. In the "Search" box enter LU 20-0005 then press "Submit": http://www.ci.oswego.or.us/projects Planning Commission Public Hearing September 27,2021 LU 20-0005 EXHIBIT D-1/Page 18 of 18 High Sckasl `—'-7 -F'rY ,MIA^` F / A Lake Oswego and surrounding Clackamas County �.% % EAt na t- ISE, Lake Oswego q- �'Rtl % E Vilest Hills kStl4e3cbool Rossman $011' RE + Montessori Schaal Oswego Lake Pork Springbrook aunty Glub 1 Park a Clnant11n k'Oar Laity m� ji'- Saem'ra of the Lake 'Air' 'ItiP�� A%- Y School F:lillanniy Rd �I Oswego. Lake /X Iran `WL''' t?"1 �% PI- a Oswego Mountain Bet n b O. _- 0, % are H ,,rwe .� ak Li`•: k�h �y .ih i:Villaye XYi%�� -P�,ene \ '' . µ`0 Park Montessori Kin de re = _ 4Jaluga .East Lake Greve 11 C F I Pork-West Elementary'School , kn Lake 0,•:egu G9`w h..E. _G11.^� ✓�j flake Gruv e A.,, %+V / % Y n' k.i__ 16 1 I)l/ O Nature O �r�4. :3 �'1,1 45iv South Shore asarve _ u6 F_ Lake a Nab Area �€3 I.I. r „Vaf�i L J4�'jet 5vr" atlerR/ o II^ ^•�� � E �\ `n Hall ran Glemorne y q J E t>1 % Freepom Park leoot Graarera,�'• A - ncnr µ % E % f`� tihrrte Freeport,Park Halhnan r %\ --?g- * p,1 Wm nt 51 A ,� 6rep tree Aspen El&shotl7 Hero N Nalr ml Area - )41 E eeni tee Park Rtl Pat - 99W Greek Mg 4 111 i "� • o Lake O�rve[p r"] �st`'t Academy The Ch�ltlren's % Public ! ,y`—: i= \\ P air Bolt Gosse ---' , Glennrorne Park =FC6c DWAY b Houri ademY J /— L. f e' rr The Childrens's 3 I 1 k Haur a °°k Hier LakSchoolidge __e,git L--� Ktl 5kyl.>gao - uarYlhu AE oone'-°� -I r o - "' r 1 (r.:J-J ni.,P4ken dnntY_NO_ Westndge �'' raV wt lazeli _ �{ _- University rl AE �' :rJ 11 I I n I m.ddlee it lenrentmY�.:a, Lakeri�e Field prepy \ t P' f r-.,�— - Schml %. I i "Schml" y High tom- ;4-> -fi —~' �na`c I/r f ---_ 1 SNrnd ,c Lusche-Farm J w l ! ` " f il. 2r r� ;asln[IJe t=l •,.\---- \- E "n+' .A- /Park Cook ! i__-"li -G CanminSly Bulle a Fnlana Meinleisori Begapl - f PmprS; Brock 7 _ .�Oswego.Canal Pmpert;' a % ,r 1�41kin9[arrl , __i� L:� o ,:.�i�.le.�l.r:v Pen Creek E Fl AE Pecan Natural _ II Sum.;Slope Greek Natural Area i=hllds (Open Spare 'lillcresl Cr _ rw� 'E Ar®Pe©n Gzzk AE AE h„E % -`� Peron Natural �t,��, Ai ��.4� I'� `.4E r- I. AE4E Rry Greek Area AE , Natural Area _ � AE,A Tualatin River ..qAE- _—.— AE AE ma < !1 I ILi�! d ddd� 1 I.I `d — EXHIBIT E-1/PAGE 1 OF 1 Willamette River %� m,a i"ii a 9,z o,,rni City choke Oswego AE State of Oregon Model Flood Hazard Management Ordinance Effective August 9, 2019 Introduction The model flood hazard ordinance has been prepared by the State of Oregon Department of Land Conservation and Development (DLCD) and has been reviewed and approved by FEMA Region X. Adoption of the ordinance language provided will ensure compliance with the minimum standards for participation in the National Flood Insurance Program (NFIP). The model flood hazard ordinance includes standards and provisions that encourage sound floodplain management. The language is based on the minimum requirements of the NFIP found in the Code of Federal Regulations (CFRs), Oregon's statewide land use planning Goal 7, and the Oregon specialty codes. Instructions for How to Use this Document This 2019 version of the model ordinance includes a Table of Contents and a Regulatory Crosswalk that identifies the federal and state standards that align to and are reflected in each section. Ordinance Language Legend: - Black: Represents the NFIP and state minimum requirements and must be included in your community's ordinance to ensure compliance. - Red: Represents language that must be replaced with community specific information. Only include the appropriate language for your community. - Purple: Represents language required for communities with Coastal High Hazard Areas mapped by FEMA (V Zones or Coastal A Zones). (DELETE ALL PURPLE LANGUAGE IF NOT A COASTAL COMMUNITY). - Hvperlinks: Link to other sections of the document; including the Appendices, which contain optional and highly recommended language. Note Regarding the Appendices: 1 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 1 OF 61 Each community should review the optional language provided in Appendices A and B whenever a hyperlink is provided, and identify what language to include based on their community floodplain management goals. Adopting higher standards is recommended and can provide benefits to your community, including financial savings on individual flood insurance policies. Summary of Changes from the 2014 version to the 2019 Version of the Oregon Model Flood Hazard Ordinance: The 2019 version of the Oregon Model Flood Hazard Ordinance (to be referred to herein as the "2019 model ordinance"), varies from the previous version in its reorganization of some sections and subsections, as well as the modification of content to include new sections and revisions to existing sections. In general, the content was revised to more closely match (verbatim) the language in the sections of Code of Federal Regulations (CFR), which contain the minimum requirements for the National Flood Insurance Program (NFIP). The content was also revised to incorporate relevant standards in the State of Oregon's Specialty Codes, and updates to those standards that have changed in the last 5— 10 years. A breakdown of the primary changes found in the 2019 model ordinance is provided below: 1. Some definitions have been added, removed, or reworded to match the CFR definitions verbatim, as required by FEMA. There are additional optional and recommended definitions provided in Appendix A. 2. The 2019 model ordinance notes the requirement for coordination with State of Oregon Specialty Codes (section 3.3) and incorporates relevant requirements (higher standards) from the Specialty Codes to ensure alignment between the model flood ordinance language and the building code language. For example, the 2019 model ordinance: a. Directly addresses "Garages" (section 5.2.2) and "Tanks" (section 5.1.5) by incorporating the relevant NFIP and State of Oregon Specialty Code requirements into the ordinance language. b. Incorporates the Specialty Codes additional standards for flood openings in residential structures that require a building permit (section 5.2.1). 3. The floodplain development permit and permit review requirements have been expanded in the 2019 model ordinance (sections 4.3.2 and 4.2.1) to more accurately capture all of the information a community Floodplain Administrator is required to obtain and review to ensure a floodplain development proposal complies with the standards of the 2019 model ordinance (minimum NFIP and state standards). 2 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 2 OF 61 4. The 2019 model ordinance expands the requirements for "Information to be Obtained and Maintained" (section 4.2.2). To reflect the NFIP minimum requirements and Oregon Specialty Code Requirements. 5. The 2019 model ordinance also has a new section, 4.2.3.1, "Community Boundary Alterations", that reflects the NFIP minimum requirement for communities to notify FEMA when their boundaries change (i.e. when annexations occur). 6. The 2019 model ordinance clearly indicates that floodplain managers have a duty to conduct Substantial Improvement (SI) assessments and Substantial Damage (SD) determinations in a new section 4.2.4. Both SI and SD are defined in section 2.0. SI review is required for all structural development proposals and other development activities associated with or attached to a structure. This section is designed to help ensure that each floodplain development file includes SI calculations whenever appropriate, as well as the floodplain administrator's determination of whether the proposed development activity qualifies as SI. SD review is required whenever structures have been damaged due to natural or other events (i.e. house fire). Please refer FEMA Publication 758: Substantial Improvement/Substantial Damage Desk Reference, available for download at: https://www.fema.gov/media- librarv/assets/documents/18562 for additional details regarding SI and SD. 7. There is a change to the "Variance Conditions" section in the 2019 model ordinance. Per FEMA guidance, the variance condition related to historic structures has been removed. For more details, including an explanation of the reasons for this change, please see the note in Appendix B, for section 4.4.1. 8. In the 2019 model ordinance, subdivisions and other development proposals (including manufactured dwelling parks and subdivisions) have been addressed directly in the new section 5.1.6, and the language reflects the requirements minimum NFIP requirements in 44 CFR 60.3(a)(4), and 60.3(b)(3). 9. Section 5.1.7, "Use of Other Base Flood Data" has been moved out of the administration section and the language has been updated to reflect the minimum state and NFIP standards. 10. Section 5.1.8, "Structures Located in Multiple or Partial Flood Zones", has been added to reflect how the NFIP and State of Oregon Specialty Codes address structures that fall within multiple flood zones or are partially within one or more flood zones. 3 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 3 OF 61 11. Section 5.2, which addresses the specific standards for riverine flood zones has been re- organized slightly, but it is still broken down by the type of FEMA Flood Insurance Rate Map (FIRM) flood zone and the level of detail or information available. It has also been amended to add the following sections at the beginning: a. Section 5.2.1, "Flood Openings," which covers the NFIP minimum requirements and additional Oregon Specialty Code requirements for residential structures requiring a building permit. b. Section 5.2.2, "Garages," addresses the specific requirements for attached and detached garages under the NFIP minimum standards and Oregon Specialty Code requirements. 4 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 4 OF 61 TABLE OF CONTENTS 1.0 STATUTORY AUTHORITY, FINDINGS OF FACT, PURPOSE, AND METHODS 12 1.1 STATUTORY AUTHORIZATION 12 1.2 FINDINGS OF FACT 12 1.3 STATEMENT OF PURPOSE 12 1.4 METHODS OF REDUCING FLOOD LOSSES 13 2.0 DEFINITIONS 13 2.1 LANDS TO WHICH THIS ORDINANCE APPLIES 18 2.2 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS 18 2.3 COORDINATION WITH STATE OF OREGON SPECIALTY CODES 18 2.4 COMPLIANCE AND PENALTIES FOR NONCOMPLIANCE 18 2.4.1 COMPLIANCE 18 2.4.2 PENALTIES FOR NONCOMPLIANCE 18 2.5 ABROGATION AND SEVERABILITY 19 2.5.1 ABROGATION 19 2.5.2 SEVERABILITY 19 2.6 INTERPRETATION 19 2.7 WARNING AND DISCLAIMER OF LIABILITY 19 2.7.1 WARNING 19 2.7.2 DISCLAIMER OF LIABILITY 20 3.0 ADMINISTRATION 20 3.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR 20 3.2 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR 20 3.2.1 PERMIT REVIEW 20 3.2.2 INFORMATION TO BE OBTAINED AND MAINTAINED 21 3.2.3 REQUIREMENT TO NOTIFY OTHER ENTITIES AND SUBMIT NEW TECHNICAL DATA 22 3.2.3.1 COMMUNITY BOUNDARY ALTERATIONS 22 3.2.3.2 WATERCOURSE ALTERATIONS 22 3.2.3.3 REQUIREMENT TO SUBMIT NEW TECHNICAL DATA 23 3.2.4 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE ASSESSMENTS AND DETERMINATIONS 23 5 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 5 OF 61 3.3 ESTABLISHMENT OF DEVELOPMENT PERMIT 24 3.3.1 FLOODPLAIN DEVELOPMENT PERMIT REQUIRED 24 3.3.2 APPLICATION FOR DEVELOPMENT PERMIT 24 3.4 VARIANCE PROCEDURE 25 3.4.1 CONDITIONS FOR VARIANCES 25 3.4.2 VARIANCE NOTIFICATION 26 4.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 26 4.1 GENERAL STANDARDS 26 4.1.1 ALTERATION OF WATERCOURSES 26 4.1.2 ANCHORING 26 4.1.3 CONSTRUCTION MATERIALS AND METHODS 26 4.1.4 UTILITIES AND EQUIPMENT 27 4.1.4.1 WATER SUPPLY, SANITARY SEWER, AND ON-SITE WASTE DISPOSAL SYSTEMS 27 4.1.4.2 ELECTRICAL, MECHANICAL, PLUMBING, AND OTHER EQUIPMENT 27 4.1.5 TANKS 27 4.1.6 SUBDIVISION PROPOSALS & OTHER PROPOSED DEVELOPMENTS 28 4.1.7 USE OF OTHER BASE FLOOD DATA 28 4.1.8 STRUCTURES LOCATED IN MULTIPLE OR PARTIAL FLOOD ZONES 29 4.2 SPECIFIC STANDARDS FOR RIVERINE (INCLUDING ALL NON-COASTAL) FLOOD ZONES 29 4.2.1 FLOOD OPENINGS 29 4.2.2 GARAGES 30 4.2.3 FOR RIVERINE (NON-COASTAL) SPECIAL FLOOD HAZARD AREAS WITH BASE FLOOD ELEVATIONS 30 4.2.3.1 BEFORE REGULATORY FLOODWAY 30 4.2.3.2 RESIDENTIAL CONSTRUCTION 31 4.2.3.3 NON-RESIDENTIAL CONSTRUCTION 31 4.2.3.4 MANUFACTURED DWELLINGS 32 4.2.3.5 RECREATIONAL VEHICLES 32 4.2.3.6 APPURTENANT(ACCESSORY) STRUCTURES 32 4.2.4 FLOODWAYS 33 4.2.5 STANDARDS FOR SHALLOW FLOODING AREAS 34 4.2.5.1 STANDARDS FOR AH ZONES 34 4.2.5.2 STANDARDS FOR AO ZONES 35 6 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 6 OF 61 4.3 SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD FLOOD ZONES 36 4.3.1 DEVELOPMENT StANDARDS 36 4.3.1.1 MANUFACTURED DWELLING STANDARDS FOR COASTAL HIGH HAZARD ZONES 38 4.3.1.2 RECREATIONAL VEHICLE STANDARDS FOR COASTAL HIGH HAZARD ZONES 38 4.3.1.3 TANK STANDARDS FOR COASTAL HIGH HAZARD ZONES 38 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 39 5.1 GENERAL STANDARDS 39 5.1.1 ALTERATION OF WATERCOURSES 39 5.1.2 ANCHORING 39 5.1.3 CONSTRUCTION MATERIALS AND METHODS 39 5.1.4 UTILITIES AND EQUIPMENT 39 5.1.4.1 WATER SUPPLY, SANITARY SEWER, AND ON-SITE WASTE DISPOSAL SYSTEMS 39 5.1.4.2 ELECTRICAL, MECHANICAL, PLUMBING, AND OTHER EQUIPMENT 40 5.1.5 TANKS 40 5.1.6 SUBDIVISION PROPOSALS & OTHER PROPOSED DEVELOPMENTS 40 5.1.7 USE OF OTHER BASE FLOOD DATA 41 5.1.8 STRUCTURES LOCATED IN MULTIPLE OR PARTIAL FLOOD ZONES 41 5.2 SPECIFIC STANDARDS FOR RIVERINE (INCLUDING ALL NON-COASTAL) FLOOD ZONES 41 5.2.1 FLOOD OPENINGS 42 5.2.2 GARAGES 42 5.2.3 FOR RIVERINE (NON-COASTAL) SPECIAL FLOOD HAZARD AREAS WITH BASE FLOOD ELEVATIONS 43 5.2.3.1 BEFORE REGULATORY FLOODWAY 43 5.2.3.2 RESIDENTIAL CONSTRUCTION 43 5.2.3.3 NON-RESIDENTIAL CONSTRUCTION 43 5.2.3.4 MANUFACTURED DWELLINGS 44 5.2.3.5 RECREATIONAL VEHICLES 45 5.2.3.6 APPURTENANT(ACCESSORY) STRUCTURES 45 5.2.4 FLOODWAYS 46 5.2.5 STANDARDS FOR SHALLOW FLOODING AREAS 46 5.2.5.1 STANDARDS FOR AH ZONES 47 5.2.5.2 STANDARDS FOR AO ZONES 47 5.3 SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD FLOOD ZONES 48 7 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 7 OF 61 5.3.1 DEVELOPMENT StANDARDS 48 5.3.1.1 MANUFACTURED DWELLING STANDARDS FOR COASTAL HIGH HAZARD ZONES 50 5.3.1.2 RECREATIONAL VEHICLE STANDARDS FOR COASTAL HIGH HAZARD ZONES 50 5.3.1.3 TANK STANDARDS FOR COASTAL HIGH HAZARD ZONES 50 8 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 8 OF 61 Oregon Model Flood Ordinance Regulatory Crosswalk Code of Federal State of Oregon Regulations (CFR) and Citation(s) (Goal 7, Section Technical Bulletin Specialty Codes*, ORS) Citation(s) 1.1 Statutory Authorization 59.22(a)(2) Goal 7; ORS 203.035 (Counties), ORS 197.175 (Cities) 1.2 Findings of Fact 59.22(a)(1) Goal 7 1.3 Statement of Purpose 59.2; 59.22(a)(1) and (8); Goal 7 60.22 1.4 Methods of Reducing Flood Losses 60.22 Goal 7 2.0 Definitions 59.1 Goal 7 3.1 Lands to Which this Ordinance Applies 59.22(a) Goal 7 3.2 Basis for Establishing the Special Flood 59.22(a)(6); 60.2(h) Goal 7 Hazard Areas 3.3 Coordination with Specialty Codes ORS 455 Adopted by the State of Oregon Building Codes Division 3.4.1 Compliance 60.1(b)- (d) Goal 7 3.4.2 Penalties for Noncompliance 60.1(b)- (d) Goal 7 3.5.1 Abrogation 60.1(b)- (d) Goal 7 3.5.2 Severability 3.6 Interpretation 60.1(b)- (d) Goal 7 3.7.1 Warning 3.7.2 Disclaimer of Liability 4.1 Designation of the Floodplain 59.22(b)(1) Goal 7 Administrator 4.2.1 Permit Review 60.3(a)(1) - (3); Goal 7 60.3(c)(10) 4.2.2 Information to be Obtained and 59.22(a)(9)(iii); Goal 7; 105.9; 110.33; Maintained 60.3(b)(5)(i) and (iii); R106.1.4; R109.1.3; 60.3(c)(4); 60.3(b)(3); R109.1.6.1; R322.1.10; 60.6(a)(6) R322.3.6 4.2.3.1 Community Boundary Alterations 59.22(a)(9)(v) Goal 7 4.2.3.2 Watercourse Alterations 60.3(b)(6) - (7), 65.6(12 - Goal 7 13) 4.2.3.3 Requirement to Submit New 65.3, 65.6, 65.7, 65.12 Goal 7 Technical Data 9 Oregon Model Flood Hazard Ordinance-Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 9 OF 61 4.2.4 Substantial Improvement and 59.1;60.3(a)(3); Goal 7 Substantial Damage Assessments and 60.3(b)(2); 60.3(b)(5)(i); Determinations 60.3(c)(1),(2),(3),(5) — (8),(10), (12); 60.3(d)(3); 60.3(e)(4),(5),(8) 4.3.1 Floodplain Development Permit 60.3(a)(1) Goal 7 Required 4.3.2 Application for Development Permit 60.3(a)(1); 60.3(b)(3); Goal 7; R106.1.4; 60.3(c)(4) R322.3.6 4.4 Variance Procedure 60.6(a) Goal 7 4.4.1 Conditions for Variances 60.6(a) Goal 7 4.4.2 Variance Notification 60.6(a)(5) Goal 7 5.1.1 Alteration of Watercourses 60.3(b)(6) and (7) Goal 7 5.1.2 Anchoring 60.3(a)(3); 60.3(b)(1),(2), Goal 7; R322.1.2 and (8) 5.1.3 Construction Materials and Methods 60.3(a)(3), TB 2; TB 11 Goal 7; R322.1.3; R322.1.3 5.1.4.1 Water Supply, Sanitary Sewer, and 60.3(a)(5) and (6) Goal 7; R322.1.7 On-Site Waste Disposal Systems 5.1.4.2 Electrical, Mechanical, Plumbing, 60.3(a)(3) Goal 7; R322.1.6; and Other Equipment 5.1.5 Tanks R322.2.4; R322.3.7 5.1.6 Subdivision Proposals 60.3(a)(4)(i) —(iii); Goal 7 60.3(b)(3) 5.1.7 Use of Other Base Flood Data 60.3(a)(3); 60.3(b)(4); Goal 7; R322.3.2 60.3(b)(3); TB 10-01 5.1.8 Structures Located in Multiple or R322.1 Partial Flood Zones 5.2.1 Flood Openings 60.3(c)(5); TB 1; TB 11 Goal 7; R322.2.2; R322.2.2.1 5.2.2 Garages TB 7-93 R309 5.2.3.1 Before Regulatory Floodway 60.3(c)(10) Goal 7 5.2.3.2 Residential Construction 60.3(c)(2) Goal 7 5.2.3.3 Non-residential Construction 60.3(c)(3)— (5); TB 3 Goal 7; R322.2.2; R322.2.2.1 5.2.3.4 Manufactured Dwellings 60.3(b)(8); 60.3(c)(6)(iv); Goal 7; State of OR 60.3(c)(12)(ii) Manufactured Dwelling Installation Specialty Code (MDISC) and associated statewide Code Interpretation dated 1/1/2011 5.2.3.5 Recreational Vehicles 60.3(c)(14)(i) —(iii) Goal 7 10 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 10 OF 61 5.2.3.6 Appurtenant (Accessory) Structures 60.3(c)(5); TB 1;TB 7-93 S105.2; R105.2 5.2.4 Floodways 60.3(d); FEMA Region X Goal 7 Fish Enhancement Memo (Mark Riebau) 5.2.5 Standards for Shallow Flooding Areas 60.3(c)(7),(8),(11), and Goal 7 (14) 5.3 Specific Standards for Coastal High 60.3(e); TB 5; TB 8; TB 9 Goal 7; R322.3.1; Hazard Flood Zones, and R322.3.2; R322.3.3; 5.3.1 Development Standards R322.3.4; R322.3.5 5.3.1.1 Manufactured Dwelling Standards 60.3(e)(8)(i) — (iii) Goal 7; RR322.3.2; State for Coastal High Hazard Zones of OR Manufactured Dwelling Installation Specialty Code (MDISC) and associated statewide Code Interpretation dated 1/1/2011 5.3.1.2 Recreational Vehicle Standards for 60.3(e)(9)(i)- (iii) Goal 7 Coastal High Hazard Zones 5.3.1.3 Tank Standards for Coastal High R322.2.4; R322.3.7 Hazard Zones *Link to Oregon Specialty Codes 11 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 11 OF 61 1.0STATUTORY AUTHORITY, FINDINGS OF FACT, PURPOSE, AND METHODS 1.1 STATUTORY AUTHORIZATION The State of Oregon has in ORS 203.035 (COUNTIES) OR ORS 197.175 (CITIES) delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the COMMUNITY NAME does ordain as follows: 1.2 FINDINGS OF FACT A. The flood hazard areas of COMMUNITY NAME are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses may be caused by the cumulative effect of obstructions in special flood hazard areas which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. 1.3STATEMENT OF PURPOSE It is the purpose of this ordinance to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in special flood hazard areas; F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; G. Notify potential buyers that the property is in a special flood hazard area H. Notify those who occupy special flood hazard areas that they assume responsibility for their actions I. Participate in and maintain eligibility for flood insurance and disaster relief. 12 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 12 OF 61 1.4METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage. Appeal:A request for a review of the interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding: A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard:The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard". 13 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 13 OF 61 Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Coastal high hazard area: An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Flood or Flooding: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland orv7--iela1 waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition. Flood elevation study: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. 14 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 14 OF 61 Flood Insurance Rate Map (FIRM): The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS): See "Flood elevation study". Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodwav: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior or 15 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 15 OF 61 b. Directly by the Secretary of the Interior in states without approved programs. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Manufactured dwelling: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with "manufactured home". Manufactured dwelling park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale. Mean sea level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. New construction: For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by COMMUNITY NAME and includes any subsequent improvements to such structures. Recreational vehicle: A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the 16 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 16 OF 61 construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage,"regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance: A grant of relief by COMMUNITY NAME from the terms of a flood plain management regulation. Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Additional Optional Language Provided in Appendix A 17 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 17 OF 61 GENERAL PROVISIONS 2.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all special flood hazard areas within the jurisdiction of COMMUNITY NAME. 2.2 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for "EXACT TITLE OF FLOOD INSURANCE STUDY FOR COMMUNITY", dated DATE (MONTH DAY, FOUR DIGIT YEAR), with accompanying Flood Insurance Rate Maps (FIRMs) LIST ALL EFFECTIVE FIRM PANELS HERE (UNLESS ALL PANELS ARE BEING REPLACED THROUGH A NEW COUNTY_WIDE MAP THAT INCORPORATES ALL PREVIOUS PANELS/VERSIONS, IN THAT SITUATION PANELS DO NOT NEED TO BE INDIVIDUALLY LISTED) are hereby adopted by reference and declared to be a part of this ordinance. The FIS and FIRM panels are on file at INSERT THE LOCATION (I.E. COMMUNITY PLANNING DEPARTMENT LOCATED IN THE COMMUNITY ADMINISTRATIVE BUILDING). 2.3000RDINATION WITH STATE OF OREGON SPECIALTY CODES Pursuant to the requirement established in ORS 455 that the INSERT COMMUNITY NAME administers and enforces the State of Oregon Specialty Codes, the INSERT COMMUNITY NAME does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this ordinance is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. 2.4COMPLIANCE AND PENALTIES FOR NONCOMPLIANCE 2.4.1 COMPLIANCE All development within special flood hazard areas is subject to the terms of this ordinance and required to comply with its provisions and all other applicable regulations. 2.4.2 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to 18 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 18 OF 61 comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a (INSERT INFRACTION TYPE (I.E. MISDEMEANOR). INSERT PENALTIES PER STATE/LOCAL LAW ASSOCIATED WITH SPECIFIED INFRACTION TYPE (I.E. ANY PERSON WHO VIOLATES THE REQUIREMENTS OF THIS ORDINANCE SHALL UPON CONVICTION THEREOF BE FINED NOT MORE THAN A SPECIFIED AMOUNT OF MONEY...) Nothing contained herein shall prevent the COMMUNITY NAME from taking such other lawful action as is necessary to prevent or remedy any violation. 2.5ABROGATION AND SEVERABILITY 2.5.1 ABROGATION This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2.5.2 SEVERABILITY This ordinance and the various parts thereof are hereby declared to be severable. If any section clause, sentence, or phrase of the Ordinance 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 Ordinance. 2.6INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 2.7WARNING AND DISCLAIMER OF LIABILITY 2.7.1 WARNING The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the 19 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 19 OF 61 areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. 2.7.2 DISCLAIMER OF LIABILITY This ordinance shall not create liability on the part of the COMMUNITY NAME, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 3.0ADMINISTRATION 3.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The INSERT INDIVIDUAL JOB TITLE is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accordance with its provisions.The Floodplain Administrator may delegate authority to implement these provisions. Additional Recommended Language Provided in Appendix B 3.2DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties of the floodplain administrator, or their designee, shall include, but not be limited to: 3.2.1 PERMIT REVIEW Review all development permits to determine that: A. The permit requirements of this ordinance have been satisfied; B. All other required local, state, and federal permits have been obtained and approved. C. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions of this ordinance in section 4.2.4 are met; and D. Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of sections 5.1.7; and E. Provide to building officials the Base Flood Elevation (BFE) (ADD FREEBOARD IF COMMUNITY HAS HIGHER ELEVATION STANDARDS) applicable to any building requiring a development permit. 20 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 20 OF 61 F. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in section 2.0. G. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in section 5.1.1. H. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation. 3.2.2 INFORMATION TO BE OBTAINED AND MAINTAINED The following information shall be obtained and maintained and shall be made available for public inspection as needed: A. Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation (BFE) data is provided through the Flood Insurance Study (FIS), Flood Insurance Rate Map (FIRM), or obtained in accordance with section 5.1.7. B. Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of sections 5.2.4, 5.3.1(F), 4.2.1(B) are adhered to. C. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement). D. Where base flood elevation data are utilized, obtain As-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection. E. Maintain all Elevation Certificates (EC) submitted to (INSERT COMMUNITY NAME); F. Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this 21 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 21 OF 61 ordinance and where Base Flood Elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with section 5.1.7. G. Maintain all floodproofing certificates required under this ordinance; H. Record and maintain all variance actions, including justification for their issuance; I. Obtain and maintain all hydrologic and hydraulic analyses performed as required under section 5.2.4. J. Record and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under section 4.2.4. K. Maintain for public inspection all records pertaining to the provisions of this ordinance. 3.2.3 REQUIREMENT TO NOTIFY OTHER ENTITIES AND SUBMIT NEW TECHNICAL DATA 3.2.3.1 COMMUNITY BOUNDARY ALTERATIONS The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. 3.2.3.2 WATERCOURSE ALTERATIONS 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.This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision (LOMR) along with either: 22 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 22 OF 61 A. A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or B. Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance. The applicant shall be required to submit a Conditional Letter of Map Revision (CLOMR) when required under section 4.2.3.3. Ensure compliance with all applicable requirements in sections 4.2.3.3 and 5.1.1. 3.2.3.3 REQUIREMENT TO SUBMIT NEW TECHNICAL DATA A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Section 44 of the Code of Federal Regulations (CFR), Sub-Section 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change (LOMC) process. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for: A. Proposed floodway encroachments that increase the base flood elevation; and B. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. An applicant shall Notify FEMA within six (6) months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision (LOMR). Additional Recommended Language Provided in Appendix B 3.2.4 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE ASSESSMENTS AND DETERMINATIONS Conduct Substantial Improvement (SI) (as defined in section 2.0) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with section 4.2.2. 23 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 23 OF 61 Conduct Substantial Damage (SD) (as defined in section 2.0) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in section 3.2) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Additional Optional Language Provided in Appendix B 3.3 ESTABLISHMENT OF DEVELOPMENT PERMIT 3.3.1 FLOODPLAIN DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in section 3.2. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in section 2.0, including fill and other development activities. 3.3.2 APPLICATION FOR DEVELOPMENT PERMIT Application for a development permit may be made on forms furnished by the Floodplain Administrator 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: A. In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of section 4.2.2. B. In coastal flood zones (V zones and coastal A zones), the proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; C. Proposed elevation in relation to mean sea level to which any non-residential structure will be flood proofed. D. Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in section 5.2.3.3. E. Description of the extent to which any watercourse will be altered or relocated. F. Base Flood Elevation data for subdivision proposals or other development when required per sections 4.2.1 and 5.1.6. 24 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 24 OF 61 G. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure. H. The amount and location of any fill or excavation activities proposed. 3.4VARIANCE PROCEDURE The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance. 3.4.1 CONDITIONS FOR VARIANCES A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of sections 4.4.1 (C) and (E), and 4.4.2. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. B. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. C. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances. E. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of section 4.4.1 (B)—(D) are met, and the structure or other development is protected by methods that 25 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 25 OF 61 minimize flood damages during the base flood and create no additional threats to public safety. Additional Optional Language Provided in Appendix B 3.4.2 VARIANCE NOTIFICATION Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance shall be maintained in accordance with section 4.2.2. 4.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 4.1 GENERAL STANDARDS In all special flood hazard areas, the following standards shall be adhered to: 4.1.1 ALTERATION OF WATERCOURSES Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Require compliance with sections 4.2.3.2 and 4.2.3.3. 4.1.2 ANCHORING A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. All manufactured dwellings shall be anchored per section 5.2.3.4. 4.1.3 CONSTRUCTION MATERIALS AND METHODS A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 26 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 26 OF 61 4.1.4 UTILITIES AND EQUIPMENT 4.1.4.1 WATER SUPPLY, SANITARY SEWER, AND ON-SITE WASTE DISPOSAL SYSTEMS A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. C. 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. 4.1.4.2 ELECTRICAL, MECHANICAL, PLUMBING, AND OTHER EQUIPMENT Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level (INSERT ANY COMMUNITY FREEBOARD REQUIREMENT HERE) or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air- conditioning, plumbing, duct systems, and other equipment and service facilities shall: A. If replaced as part of a substantial improvement shall meet all the requirements of this section. B. Not be mounted on or penetrate through breakaway walls. 4.1.5 TANKS A. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. B. Above-ground tanks shall be installed at or above the base flood level (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood. C. In coastal flood zones (V Zones or coastal A Zones) when elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall 27 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 27 OF 61 be supported on foundations that conform to the requirements of the State of Oregon Specialty Code. 4.1.6 SUBDIVISION PROPOSALS & OTHER PROPOSED DEVELOPMENTS A. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data. B. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall: 1. Be consistent with the need to minimize flood damage. 2. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. 3. Have adequate drainage provided to reduce exposure to flood hazards. 4.1.7 USE OF OTHER BASE FLOOD DATA When Base Flood Elevation data has not been provided in accordance with section 3.2 the local floodplain administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer section 5.0. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of section 5.1.6. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided Base Level Engineering data, and photographs of past flooding, etc... where available. (INSERT REFERENCE TO ANY OF THIS TYPE OF INFORMATION TO BE USED FOR REGULATORY PURPOSES BY YOUR COMMUNITY, I.E. BASE LEVEL ENGINEERING DATA, HIGH WATER MARKS, HISTORICAL OR OTHER DATA THAT WILL BE REGULATED TO.THIS MAY BE NECESSARY TO ENSURE THAT THE STANDARDS APPLIED TO RESIDENTIAL STRUCTURES ARE CLEAR AND OBJECTIVE. IF UNCERTAIN SEEK LEGAL 28 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 28 OF 61 ADVICE, AT A MINIMUM REQUIRE THE ELEVATION OF STRUCTURES 2FEET ABOVE HIGHEST ADJACENT GRADE). Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 4.1.8 STRUCTURES LOCATED IN MULTIPLE OR PARTIAL FLOOD ZONES In coordination with the State of Oregon Specialty Codes: A. When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply. B. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements. Additional Recommended Language Provided in Appendix B 4.2SPECIFIC STANDARDS FOR RIVERINE (INCLUDING ALL NON-COASTAL) FLOOD ZONES These specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in section 5.1 of this ordinance. 4.2.1 FLOOD OPENINGS All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall: A. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters; B. Be used solely for parking, storage, or building access; C. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: 1. A minimum of two openings, 2. The total net area of non-engineered openings shall be not less than one (1) square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls, 3. The bottom of all openings shall be no higher than one foot above grade. 4. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. 29 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 29 OF 61 5. All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. 4.2.2 GARAGES A. Attached garages may be constructed with the garage floor slab below the Base Flood Elevation (BFE) in riverine flood zones, if the following requirements are met: 1. If located within a floodway the proposed garage must comply with the requirements of section 5.2.4. 2. The floors are at or above grade on not less than one side; 3. The garage is used solely for parking, building access, and/or storage; 4. The garage is constructed with flood openings in compliance with section 5.2.1 to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. 5. The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage; 6. The garage is constructed in compliance with the standards in section 5.1; and 7. The garage is 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. B. Detached garages must be constructed in compliance with the standards for appurtenant structures in section 5.2.3.6 or non-residential structures in section 5.2.3.3 depending on the square footage of the garage. 4.2.3 FOR RIVERINE (NON-COASTAL) SPECIAL FLOOD HAZARD AREAS WITH BASE FLOOD ELEVATIONS In addition to the general standards listed in section 5.1 the following specific standards shall apply in Riverine (non-coastal) special flood hazard areas with Base Flood Elevations (BFE): Zones A1-A30, AH, and AE. 4.2.3.1 BEFORE REGULATORY FLOODWAY In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing 30 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 30 OF 61 and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 4.2.3.2 RESIDENTIAL CONSTRUCTION A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the Base Flood Elevation (BFE) (INSERT ADDITIONAL FREEBOARD FOR YOUR COMMUNITY— RECOMMEND MINIMUM OF 1FT ABOVE BFE). B. Enclosed areas below the lowest floor shall comply with the flood opening requirements in section 5.2.1. Additional Recommended Language Provided in Appendix B 4.2.3.3 NON-RESIDENTIAL CONSTRUCTION A. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall: 1. Have the lowest floor, including basement elevated at or above the Base Flood Elevation (BFE) (INSERT ANY ADDITIONAL FREEBOARD REQUIREMENTS FOR YOUR COMMUNITY); Or, together with attendant utility and sanitary facilities, Additional Recommended Language Provided in Appendix B 2. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 3. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 4. 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 section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth section 4.2.2. B. Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in section 5.2.1. 31 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 31 OF 61 C. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one (1) foot below. Additional Recommended Language Provided in Appendix B 4.2.3.4 MANUFACTURED DWELLINGS A. New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with section 5.2.1; B. The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation; C. New or substantially improved manufactured dwellings 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 (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques), and; D. Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE). 4.2.3.5 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to: A. Be on the site for fewer than 180 consecutive days, B. 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 additions; or C. Meet the requirements of section 5.2.3.4, including the anchoring and elevation requirements for manufactured dwellings. Additional Recommended Language Provided in Appendix B 4.2.3.6 APPURTENANT (ACCESSORY) STRUCTURES Relief from elevation or floodproofing requirements for residential and non- residential structures in Riverine (Non-Coastal) flood zones may be granted for appurtenant structures that meet the following requirements: 32 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 32 OF 61 A. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in section 5.2.4. B. Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation; C. In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one- story structures less than 200 square feet, or 400 square feet if the property is greater than two (2) acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as non-residential are limited in size to 120 square feet. D. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; E. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. F. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in section 5.2.1; G. Appurtenant structures shall be located and constructed to have low damage potential; H. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed incompliance with section 5.1.5. I. Appurtenant structures shall be constructed with electrical, mechanical, 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. Additional Optional Language Provided in Appendix B 4.2.4 FLOODWAYS Located within the special flood hazard areas established in section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 33 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 33 OF 61 A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless: 1. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; Or, 2. A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that a Conditional Letter of Map Revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled. Additional Optional Language Provided in Appendix B B. If the requirements of section 5.2.4 (A) are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of section 5.0. 4.2.5 STANDARDS FOR SHALLOW FLOODING AREAS Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one (1) to three (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. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 4.2.5.1 STANDARDS FOR AH ZONES Development within AH Zones must comply with the standards in sections 5.1, 5.2, and 5.2.5(A). 34 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 34 OF 61 4.2.5.2 STANDARDS FOR AO ZONES In AO zones, the following provisions apply in addition to the requirements in sections 5.1 and 5.2.5 (A): A. New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRM) (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) (at least two (2) feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. B. New construction and substantial improvements of non-residential structures within AO zones shall either: 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRMS) (INSERT COMMUNITY FREE BOARD REQUIREMENT HERE) (at least two (2) feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely flood proofed to or above the depth number specified on the FIRM (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) or a minimum of two (2) feet above the highest adjacent grade if no depth number is specified, 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 stated in section 5.2.3.3(A)(4). C. Recreational vehicles placed on sites within AO Zones on the community's Flood Insurance Rate Maps (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 additions; or 3. Meet the elevation requirements of section 5.2.5.2(A), and the anchoring and other requirements for manufactured dwellings of section 5.2.3.4. D. In AO zones, new and substantially improved appurtenant structures must comply with the standards in section 5.2.3.6. E. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in section 5.2.1. 35 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 35 OF 61 4.3SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD FLOOD ZONES Located within special flood hazard areas established in section 3.2 are Coastal High Hazard Areas, designated as Zones V1-V30, VE, V, or coastal A zones as identified on the FIRMs as the area between the Limit of Moderate Wave Action (LiMWA) and the Zone V boundary. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions of this ordinance and the State of Oregon Specialty Codes, the following provisions shall apply in addition to the general standards provisions in section 5.1. 4.3.1 DEVELOPMENT STANDARDS A. All new construction and substantial improvements in Zones V1-V30 and VE, V, and coastal A zones (where base flood elevation data is available) shall be elevated on pilings and columns such that: 1. The bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns) is elevated a minimum of one foot above the base flood level; and 2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those specified by the State of Oregon Specialty Codes; B. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information in accordance with section 4.2.2. D. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening 36 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 36 OF 61 intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and 2. If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. 3. Walls intended to break away under flood loads shall have flood openings that meet or exceed the criteria for flood openings in section 5.2.1. E. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum water loading values to be used in this determination shall be those associated with the base flood. Maximum wind loading values used shall be those specified by the State of Oregon Specialty Codes. F. Prohibit the use of fill for structural support of buildings. G. All new construction shall be located landward of the reach of mean high tide. H. Prohibit man-made alteration of sand dunes which would increase potential flood damage. I. All structures, including but not limited to residential structures, non-residential structures, appurtenant structures, and attached garages shall comply with all the requirements of section 5.3.1 Floodproofing of non-residential structures is prohibited. 37 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 37 OF 61 4.3.1.1 MANUFACTURED DWELLING STANDARDS FOR COASTAL HIGH HAZARD ZONES All manufactured dwellings to be placed or substantially improved within Coastal High Hazard Areas (Zones V, V1-30, VE, or Coastal A) shall meet the following requirements: A. Comply with all of the standards within section 5.3; B. The bottom of the longitudinal chassis frame beam shall be elevated to a minimum of one foot above the Base Flood Elevation (BFE); and C. Electrical crossover connections shall be a minimum of 12 inches above the BFE. 4.3.1.2 RECREATIONAL VEHICLE STANDARDS FOR COASTAL HIGH HAZARD ZONES Recreational Vehicles within Coastal High Hazard Areas (Zones V, V1-30, VE, or Coastal A) shall either: A. Be on the site for fewer than 180 consecutive days, and B. 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 additions; or C. Meet the permit requirements of section 4.0 and the requirements for manufactured dwellings in section 5.3.1.1. 4.3.1.3 TANK STANDARDS FOR COASTAL HIGH HAZARD ZONES Tanks shall meet the requirements of section 5.1.5. 38 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 38 OF 61 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all special flood hazard areas, the following standards shall be adhered to: 5.1.1 ALTERATION OF WATERCOURSES Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Require compliance with sections 4.2.3.2 and 4.2.3.3. 5.1.2 ANCHORING A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. All manufactured dwellings shall be anchored per section 5.2.3.4. 5.1.3 CONSTRUCTION MATERIALS AND METHODS A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1.4 UTILITIES AND EQUIPMENT 5.1.4.1 WATER SUPPLY, SANITARY SEWER, AND ON-SITE WASTE DISPOSAL SYSTEMS A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 39 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 39 OF 61 C. 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. 5.1.4.2 ELECTRICAL, MECHANICAL, PLUMBING, AND OTHER EQUIPMENT Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level (INSERT ANY COMMUNITY FREEBOARD REQUIREMENT HERE) or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air- conditioning, plumbing, duct systems, and other equipment and service facilities shall: A. If replaced as part of a substantial improvement shall meet all the requirements of this section. B. Not be mounted on or penetrate through breakaway walls. 5.1.5 TANKS A. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. B. Above-ground tanks shall be installed at or above the base flood level (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood. C. In coastal flood zones (V Zones or coastal A Zones) when elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported on foundations that conform to the requirements of the State of Oregon Specialty Code. 5.1.6 SUBDIVISION PROPOSALS & OTHER PROPOSED DEVELOPMENTS A. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data. B. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall: 40 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 40 OF 61 4. Be consistent with the need to minimize flood dama[BEiige. 5.1.7 USE OF OTHER BASE FLOOD DATA When Base Flood Elevation data has not been provided in accordance with section 3.2 the local floodplain administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer section 5.0. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of section 5.1.6. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided Base Level Engineering data, and photographs of past flooding, etc... where available. (INSERT REFERENCE TO ANY OF THIS TYPE OF INFORMATION TO BE USED FOR REGULATORY PURPOSES BY YOUR COMMUNITY, I.E. BASE LEVEL ENGINEERING DATA, HIGH WATER MARKS, HISTORICAL OR OTHER DATA THAT WILL BE REGULATED TO. THIS MAY BE NECESSARY TO ENSURE THAT THE STANDARDS APPLIED TO RESIDENTIAL STRUCTURES ARE CLEAR AND OBJECTIVE. IF UNCERTAIN SEEK LEGAL ADVICE, AT A MINIMUM REQUIRE THE ELEVATION OF STRUCTURES 2 FEET ABOVE HIGHEST ADJACENT GRADE). Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 5.1.8 STRUCTURES LOCATED IN MULTIPLE OR PARTIAL FLOOD ZONES In coordination with the State of Oregon Specialty Codes: A. When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply. B. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements. Additional Recommended Language Provided in Appendix B 5.2 SPECIFIC STANDARDS FOR RIVERINE (INCLUDING ALL NON-COASTAL) FLOOD ZONES 41 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 41 OF 61 These specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in section 5.1 of this ordinance. 5.2.1 FLOOD OPENINGS All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall: A. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters; B. Be used solely for parking, storage, or building access; C. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: 1. A minimum of two openings, 2. The total net area of non-engineered openings shall be not less than one (1) square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls, 3. The bottom of all openings shall be no higher than one foot above grade. 4. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. 5. All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. 5.2.2 GARAGES A. Attached garages may be constructed with the garage floor slab below the Base Flood Elevation (BFE) in riverine flood zones, if the following requirements are met: 1. If located within a floodway the proposed garage must comply with the requirements of section 5.2.4. 2. The floors are at or above grade on not less than one side; 3. The garage is used solely for parking, building access, and/or storage; 4. The garage is constructed with flood openings in compliance with section 5.2.1 to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. 5. The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage; 42 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 42 OF 61 6. The garage is constructed in compliance with the standards in section 5.1; and 7. The garage is 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. B. Detached garages must be constructed in compliance with the standards for appurtenant structures in section 5.2.3.6 or non-residential structures in section 5.2.3.3 depending on the square footage of the garage. 5.2.3 FOR RIVERINE (NON-COASTAL) SPECIAL FLOOD HAZARD AREAS WITH BASE FLOOD ELEVATIONS In addition to the general standards listed in section 5.1 the following specific standards shall apply in Riverine (non-coastal) special flood hazard areas with Base Flood Elevations (BFE): Zones Al-A30, AH, and AE. 5.2.3.1 BEFORE REGULATORY FLOODWAY In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's Flood Insurance Rate Map (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 one foot at any point within the community. 5.2.3.2 RESIDENTIAL CONSTRUCTION A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at or above the Base Flood Elevation (BFE) (INSERT ADDITIONAL FREEBOARD FOR YOUR COMMUNITY— RECOMMEND MINIMUM OF 1FT ABOVE BFE). B. Enclosed areas below the lowest floor shall comply with the flood opening requirements in section 5.2.1. Additional Recommended Language Provided in Appendix B 5.2.3.3 NON-RESIDENTIAL CONSTRUCTION A. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall: 43 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 43 OF 61 1. Have the lowest floor, including basement elevated at or above the Base Flood Elevation (BFE) (INSERT ANY ADDITIONAL FREEBOARD REQUIREMENTS FOR YOUR COMMUNITY); Or, together with attendant utility and sanitary facilities, 2. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 3. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 4. 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 section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth section 4.2.2. B. Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in section 5.2.1. C. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one (1) foot below. Additional Recommended Language Provided in Appendix B 5.2.3.4 MANUFACTURED DWELLINGS A. New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with section 5.2.1; B. The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation; C. New or substantially improved manufactured dwellings 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 (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques), and; D. Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE). 44 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 44 OF 61 5.2.3.5 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to: A. Be on the site for fewer than 180 consecutive days, B. 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 additions; or C. Meet the requirements of section 5.2.3.4, including the anchoring and elevation requirements for manufactured dwellings. Additional Recommended Language Provided in Appendix B 5.2.3.6 APPURTENANT(ACCESSORY) STRUCTURES Relief from elevation or floodproofing requirements for residential and non- residential structures in Riverine (Non-Coastal) flood zones may be granted for appurtenant structures that meet the following requirements: A. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in section 5.2.4. B. Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation; C. In compliance with State of Oregon Specialty Codes, appurtenant structures on properties that are zoned residential are limited to one- story structures less than 200 square feet, or 400 square feet if the property is greater than two (2) acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as non-residential are limited in size to 120 square feet. D. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; E. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. F. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in section 5.2.1; G. Appurtenant structures shall be located and constructed to have low damage potential; 45 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 45 OF 61 H. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed incompliance with section 5.1.5. I. Appurtenant structures shall be constructed with electrical, mechanical, 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. Additional Optional Language Provided in Appendix B 5.2.4 FLOODWAYS Located within the special flood hazard areas established in section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless: 1. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; Or, 2. A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that a Conditional Letter of Map Revision (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled. Additional Optional Language Provided in Appendix B B. If the requirements of section 5.2.4 (A) are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of section 5.0. 5.2.5 STANDARDS FOR SHALLOW FLOODING AREAS 46 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 46 OF 61 Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one (1) to three (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. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 5.2.5.1 STANDARDS FOR AH ZONES Development within AH Zones must comply with the standards in sections 5.1, 5.2, and 5.2.5(A). 5.2.5.2 STANDARDS FOR AO ZONES In AO zones, the following provisions apply in addition to the requirements in sections 5.1 and 5.2.5 (A): A. New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRM) (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) (at least two (2) feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. B. New construction and substantial improvements of non-residential structures within AO zones shall either: 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRMS) (INSERT COMMUNITY FREE BOARD REQUIREMENT HERE) (at least two (2) feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRM (INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) or a minimum of two (2) feet above the highest adjacent grade if no depth number is specified, 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, 47 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 47 OF 61 compliance shall be certified by a registered professional engineer or architect as stated in section 5.2.3.3(A)(4). C. Recreational vehicles placed on sites within AO Zones on the community's Flood Insurance Rate Maps (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 additions; or 3. Meet the elevation requirements of section 5.2.5.2(A), and the anchoring and other requirements for manufactured dwellings of section 5.2.3.4. D. In AO zones, new and substantially improved appurtenant structures must comply with the standards in section 5.2.3.6. E. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in section 5.2.1. 5.3 SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD FLOOD ZONES Located within special flood hazard areas established in section 3.2 are Coastal High Hazard Areas, designated as Zones V1-V30, VE, V, or coastal A zones as identified on the FIRMs as the area between the Limit of Moderate Wave Action (LiMWA) and the Zone V boundary. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions of this ordinance and the State of Oregon Specialty Codes, the following provisions shall apply in addition to the general standards provisions in section 5.1. 5.3.1 DEVELOPMENT STANDARDS A. All new construction and substantial improvements in Zones V1-V30 and VE, V, and coastal A zones (where base flood elevation data is available) shall be elevated on pilings and columns such that: 2. The bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns) is elevated a minimum of one foot above the base flood level; and 3. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those specified by the State of Oregon Specialty Codes; 48 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 48 OF 61 B. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. C. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information in accordance with section 4.2.2. D. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and 2. If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. 3. Walls intended to break away under flood loads shall have flood openings that meet or exceed the criteria for flood openings in section 5.2.1. E. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum water loading values to be used in this determination shall be those associated with the base flood. Maximum wind loading values used shall be those specified by the State of Oregon Specialty Codes. F. Prohibit the use of fill for structural support of buildings. 49 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 49 OF 61 G. All new construction shall be located landward of the reach of mean high tide. H. Prohibit man-made alteration of sand dunes which would increase potential flood damage. I. All structures, including but not limited to residential structures, non-residential structures, appurtenant structures, and attached garages shall comply with all the requirements of section 5.3.1 Floodproofing of non-residential structures is prohibited. 5.3.1.1 MANUFACTURED DWELLING STANDARDS FOR COASTAL HIGH HAZARD ZONES All manufactured dwellings to be placed or substantially improved within Coastal High Hazard Areas (Zones V, V1-30, VE, or Coastal A) shall meet the following requirements: A. Comply with all of the standards within section 5.3; B. The bottom of the longitudinal chassis frame beam shall be elevated to a minimum of one foot above the Base Flood Elevation (BFE); and C. Electrical crossover connections shall be a minimum of 12 inches above the BFE. 5.3.1.2 RECREATIONAL VEHICLE STANDARDS FOR COASTAL HIGH HAZARD ZONES Recreational Vehicles within Coastal High Hazard Areas (Zones V, V1-30, VE, or Coastal A) shall either: A. Be on the site for fewer than 180 consecutive days, and B. 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 additions; or C. Meet the permit requirements of section 4.0 and the requirements for manufactured dwellings in section 5.3.1.1. 5.3.1.3 TANK STANDARDS FOR COASTAL HIGH HAZARD ZONES Tanks shall meet the requirements of section 5.1.5. 50 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 50 OF 61 51 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 51 OF 61 Appendix A — Optional Definitions Building: See "Structure." Below-grade crawl space: Means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed 4 feet at any point. [Must add both this definition and the language in Appendix B, Section 5.2.3.7 to have a below-grade crawlspace foundation option in your community's ordinance.] Critical facility: Means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste. Elevated building:. Means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Floodplain or flood prone area: Any land area susceptible to being inundated by water from any source. See "Flood or flooding." Floodplain administrator: The community official designated by title to administer and enforce the floodplain management regulations. Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. 52 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 52 OF 61 Hazardous material: The Oregon Department of Environmental Quality defines hazardous materials to include any of the following: (a) Hazardous waste as defined in ORS 466.005; (b) Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances defined in ORS 453.005 (c) Communicable disease agents as regulated by the Health Division under ORS Chapter 431 and 433.010 to 433.045 and 433.106 to 433.990; (d) Hazardous substances designated by the United States Environmental Protection Agency (EPA) under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended; (e) Substances listed by the United States EPA in section 40 of the Code of Federal Regulations, Part 302—Table 302.4 (list of Hazardous Substances and Reportable Quantities) and amendments; (f) Material regulated as a Chemical Agent under ORS 465.550; (g) Material used as a weapon of mass destruction, or biological weapon; (h) Pesticide residue; (i) Dry cleaning solvent as defined by ORS 465.200(9). Letter of Map Change (LOMC): Means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. The following are categories of LOMCs: (a) Conditional Letter of Map Amendment (CLOMA): A CLOMA is FEMA's comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1-percent-cannual-chane) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood. (b) Conditional Letter of Map Revision (CLOMR): A CLOMR is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. (c) Conditional Letter of Map Revision based on Fill (CLOMR-F): A CLOMR-F is FEMA's comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway. (d) Letter of Map Amendment (LOMA): An official amendment, by letter, to the Flood Insurance Rate Maps (FIRMs) based on technical data showing that an existing 53 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 53 OF 61 structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area. (e) Letter of Map Revision (LOMR): A LOMR is FEMA's modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LMOR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report. (f) Letter of Map Revision based on Fill (LOMR-F): A LOMR-F is FEMA's modification of the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. (g) PMR: A PMR is FEMA's physical revision and republication of an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective baes flood elevations, or the special flood hazard area. Regulatory floodwav: See "Floodway". Sheet flow area: See "Area of shallow flooding". Water dependent: Means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of intrinsic nature of its operations. Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 54 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 54 OF 61 Appendix B — Recommended and Optional Higher Standards Section Optional Higher Standard Explanation Highly Recommended 4.1 Add the following after the Job Title: "and If a community designates a YES their designee" single position as the Floodplain Administrator (i.e. the Planning Director) this allows that position to designate others within the agency that can act as the Floodplain Administrator in case of vacation or other reasons. For example, the Planning Director can make the Senior Planner the designee, which will allow them to act as the Floodplain Administrator in their absence. 4.2.3.3 The applicant shall be responsible for This additional language is YES preparing all technical data to support not required under the NFIP CLOMR/LOMR applications and paying any but it makes it clear that processing or application fees associated applicants are required to with the CLOMR/LOMR. develop the technical information and cover the The Floodplain Administrator shall be costs associated with LOMR under no obligation to sign the Community applications, and specifying Acknowledgement Form, which is part of this helps to manage the CLOMR/LOMR application, until the community members' applicant demonstrates that the project expectations. The second will or has met the requirements of this paragraph assists in code and all applicable state and federal conveying that a community laws. does not have to sign-off on a CLOMR/LOMR if they find that the project does not meet the requirements of 55 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 55 OF 61 their local code, or any state or federal laws. 4.2.5 INTERPRETATION OF FIRM BOUNDARIES This language supports the Make interpretations where needed, as to authority of the Floodplain exact location of the boundaries of the Administrator to require special flood hazard areas (for example, floodplain permits for where there appears to be a conflict locations horizontally within between a mapped boundary and actual the special flood hazard field conditions). The person contesting the area. 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 CFR 59-76) 4.4.1 Variances may be issued for the repair or (Move current bullet E rehabilitation of historic structures upon a down to be bullet F and add determination that the proposed repair or this text as new bullet E, rehabilitation of historic structures upon a update citation in Bullet F to determination that the proposed repair or read (B— E) instead of rehabilitation will not preclude the default citation). structure's continued designation as a historic structure and the variance is the Per FEMA P-467-2 (May minimum necessary to preserve the 2008) Floodplain historic character and design of the Management Bulletin structure. Historic Structures, and FEMA P-993 (July 2014) Floodplain Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either this language or the Substantial Improvement Definition exclusion to regulate historic structures. FEMA Region X advocates for the use of the Substantial Improvement Definition exclusion as it may represent a less 56 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 56 OF 61 rigorous process than the variance criteria. If this language is used then the following language must be removed from the definition for Substantial Improvement in section 2.0: "2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." 5.1.9 CRITICAL FACILITIES Regulatory language to YES Construction of new critical facilities shall prevent the location of be, to the extent possible, located outside critical facilities within high the limits of the special flood hazard area. risk flood hazard areas. Construction of new critical facilities shall Critical facilities when be permissible within the SFHA only if no damaged by flooding cause feasible alternative site is available. Critical significant impacts to a facilities constructed within the SFHA shall community, risk to lives, have the lowest floor elevated three (3) and/or risks to critical feet above the Base Flood Elevation (BFE) infrastructure. Critical or to the height of the 500-year flood, facilities like schools, whichever is higher. Access to and from hospitals, and fire stations the critical facility shall also be protected often act as shelters and are to the height utilized above. Floodproofing required to provide aid and sealing measures must be taken to during flood events, and ensure that toxic substances will not be should not be placed in displaced by or released into floodwaters. special flood hazard area. 5.2.3.2 (A) Replace the default model ordinance For many years the State of YES language with the following: Oregon Residential Specialty A. New construction and substantial Code required that improvement of any residential structure residential construction shall have the lowest floor, including within riverine flood hazard basement, elevated to one (1) foot (CAN areas had the lowest floor INCREASE TO UP TO 3 FEET) above the elevated to one (1) foot Base Flood Elevation (BFE). above the Base Flood Elevation (BFE). This was changed to allow for 57 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 57 OF 61 communities to go above one (1) foot or to just adopt the National Flood Insurance Program Minimum: "at or above the BFE". The insurance savings and protection from flood events is significant for homes that are elevated one (1) foot or more above the BFE. 5.2.3.3 Replace the default model ordinance The State of Oregon YES (A)(1) language with the following: Residential Specialty Code 1. Have the lowest floor, including leaves it up to the basement elevated to one (1) foot (CAN community to determine if INCREASE UP TO 3 FEET) above the Base they wish to go above the Flood Elevation (BFE). NFIP minimum standard for elevating non-residential structures to be above the Base Flood Elevation. The more elevated a structure is the more it is protected from flood hazards. ASCE 24 provides recommended levels of elevation for different types of non-residential structures and these can provide guidance on the appropriate amount of freeboard (additional elevation) to be used for this section. 5.2.3.3 (D) D. Applicants shall supply a maintenance The Flood Insurance Manual YES & (E) plan for the entire structure to include but indicates that flood not limited to: exterior envelop of insurance companies are structure; all penetrations to the exterior requiring both a of the structure; all shields, gates, barriers, Maintenance Plan and an or components designed to provide Emergency Action Plan floodproofing protection to the structure; (EAP) for flood insurance all seals or gaskets for shields, gates, policies to be rated based barriers, or components; and, the location on floodproofing providing of all shields, gates, barriers, and protection to the structure components, as well as all associated during the base flood event. 58 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 58 OF 61 hardware, and any materials or specialized tools necessary to seal the structure E. 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. 5.2.3.5 (A) Add the following word after bullet A.: This represents a higher YES "and" standard where Recreational Vehicles are required to be both on the site for less than 180 days and road ready (see specific requirements in 5.2.3.5(b). 5.2.3.7 BELOW-GRADE CRAWL SPACES Below-grade crawlspaces A. The building must be designed and are allowed subject to the adequately anchored to resist flotation, standards in the optional collapse, and lateral movement of the language, as found, in FEMA structure resulting from hydrodynamic and Technical Bulletin 11-01, hydrostatic loads, including the effects of Crawlspace Construction for buoyancy. Hydrostatic loads and the Buildings Located in special effects of buoyancy can usually be flood hazard areas.These addressed through the required flood type of crawlspaces are openings stated in (INSERT CITATION FOR common within Oregon. SECTION ADDRESSING FLOOD OPENING ASCE 24 also addresses this STANDARDS). Because of hydrodynamic type of construction. loads, crawlspace construction is not allowed in areas with flood velocities [Your community must also greater than five (5) feet per second unless add the definition for the design is reviewed by a qualified design "Below-grade crawlspaces" professional, such as a registered architect in Appendix A to have a or professional engineer. Other types of below grade crawlspace foundations are recommended for these foundation option in your areas. community's ordinance.] B. The crawlspace is an enclosed area below the Base Flood Elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can 59 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 59 OF 61 be no more than one (1) foot above the lowest adjacent exterior grade. C. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE. D. Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. E. The interior grade of a crawlspace below the BFE must not be more than two (2) feet below the lowest adjacent exterior grade. F. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four (4) feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas. G. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because 60 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 60 OF 61 of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means. H. The velocity of floodwaters at the site shall not exceed five (5) feet per second for any crawlspace. For velocities in excess of five (5) feet per second, other foundation types should be used. 5.2.4(A)(2) If an encroachment proposal resulting in To be added under existing YES an increase in Base Flood Elevation meets in bullet 2. the following criteria: The purpose of this i. Is for the purpose of fish enhancement, language is to allow a ii. Does not involve the placement of any community to permit a fish structures (as defined in section 2.0) enhancement project (i.e. within the floodway, stream restoration project) iii. Has a feasibility analysis completed that increases the base documenting that fish enhancement flood elevation within a will be achieved through the proposed floodway, without having to project, require a CLOMR. The key is iv. Has a maintenance plan in place to the use of the term "may" in ensure that the stream carrying the last sentence. The capacity is not impacted by the fish criteria reflect FEMA Region enhancement project, X's 1999 "Policy on Fish v. Has approval by the National Marine Enhancement Structures in Fisheries Service, the State of Oregon the Floodway". Department of Fish and Wildlife, or the equivalent federal or state agency, and vi. Has evidence to support that no existing structures will be negatively impacted by the proposed activity; Then an approved CLOMR or may be required prior to approval of a floodplain permit. 61 Oregon Model Flood Hazard Ordinance—Effective August 9, 2019 LU 20-0005 EXHIBIT F-1/PAGE 61 OF 61 From: pane MRrh To: Boone,Evan Cc: Amsherry Rob Subject: RE Flood Management Date: Thursday,July 8,2021 2 35 44 PM Attachments imanen03 nng image1)04.ong image001.ong Hi Evan, Based on a review of the documents submitted below,I find Lake Oswego's proposed code amendments compliant with 44 CFR 60.3 and the DLCD Oregon Model Ordinance.You'll find attached the review tool that indicates the sections in Lake Oswego code and their compliance with the federal and state requirements.Should any changes be proposed,I will need to review them before adoption to ensure that the changes are compliant with 44 CFR 60.3 and the DLCD Model Ordinance. Please let me know if you have any questions and please keep me posted on the progress through Lake Oswego's adoption process. Mitch Mitch Paine,CFM Floodplain Management Specialist I Mitigation Division I FEMA Region 10 Mobile:(202)717-5665 mitrh nameoa fema dhc any Federal Emergency Management Agency fema.eov FEMA From:Boone,Evan<eboone@ci.oswego.or,us> Sent:Friday,June 18,2021 11:48 AM To:Paine,Mitch<mitch.paine@fema.dhs.gov> Subject:Flood Management Mitch: Here are the"Proposed Public Hearing Version(FEMA Approved)"versions,for your records,and for the letter. Please confirm receipt,so I know there wasn't an attachment size problem. Thanks, Evan P.Boone,Deputy City Attorney 503-635-0225 www.LakeOsweeo.nty 380 A Avenue PO BOX 369,Lake Oswego OR 97034 Stay Connected I Facehook I Twitter I lnstagram I e-updates PUBLIC RECORDS LAW DISCLOSURE This e-mail is a public record of the City of Lake Oswego and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law.This email is subject to the State Retention Schedule. LU 20-0005 EXHIBIT F-2/PAGE 1 OF 1 Oregon State NFIP Model Ordinance Checklist Community&CID:Lake Oswego,410018 Proposed Ordinance 2847,42.03.025,50.05.011, 50.07.003.12,50.07.004.13,50.08.001,50.09.003, Ordinance#&Date:50.10.003 Reviewer:Mitch Paine,FEMA Region 10 Review date: 6/30/2021 Criteria&Model Ordinance Reference Federal Code Citations,Markups,and Comments Section 1.0:Statutory Authorization,Findings of Fact,Purpose,and Objectives Not mandatory to adopt section 1.0 1.1 Statutory Authorization The State of Oregon has in ORS 203.035(COUNTIES)OR ORS 197.175(CITIES)delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health,safety,and general welfare of its citizenry.Therefore,the{Community Name},does ordain as follows: Yes,Ordinance 2847 1.2 Findings of Fact A.The flood hazard areas of{Community Name}are subject to periodic inundation which may result in loss of life and property, health and safety hazards,disruption of commerce and governmental services,extraordinary public expenditures for flood protection and relief,and impairment of the tax base,all of which adversely affect the public health,safety,and general welfare. B.These flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities,and when inadvertently anchored,damage uses in other areas. Uses that are inadequately flood proofed,elevated,or otherwise protected from flood damage also contribute to the flood loss. Yes,Ordinance 2847 1.3 Statement of Purpose It is the purpose of this ordinance to promote public health,safety,and general welfare,and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: 1)Protect human life and health; 2)Minimize expenditure of public money for costly flood control projects; 3)Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4)Minimize prolonged business interruptions; 5)Minimize damage to public facilities and utilities,such as water and gas mains;electric,telephone and sewer lines;and streets and bridges located in flood hazard areas; 6)Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; 7)Notify potential buyers that the property is in a special flood hazard area; 8)Notify those who occupy flood hazard areas that they assume responsibility for their actions;and 9)Participate in and maintain eligibility for flood insurance and disaster relief. Partial,50.05.11 2. 1.4 Methods of Reducing Flood Loss LU 20-0005 EXHIBIT F-3/ PAGE 1 OF 21 In order to accomplish its purposes,this ordinance includes methods and provisions for: 1)Restricting or prohibiting development which is dangerous to health,safety,and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities, 2)Requiring that development vulnerable to floods,including facilities which serve such uses,be protected against flood damage at the time of initial construction; 3)Elontrolling the alteration of natural floodplains,stream channels,and natural protective barriers,which help accommodate or channel floodwaters; 4)Elontrolling filling,grading,dredging,and other development which may increase flood damage;and 5)Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. Yes,Ordinance 2847 44 CFR 59.1 Not mandatory to adopt all definitions as shown.Asterisks denote a specific minimum Section 2.0—Definitions requirement and must be adopted. Alteration of watercourse:Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody Appeal:A request for a review of the interpretation of any provision of this ordinance or a request for a variance. *Area of shallow flooding:A designated zone AO,AH,AR/AO or AR/AH(or VO)on a community's Flood Insurance Rate Map (FIRM)with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable,and where velocity flow may be evident.Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area. Yes,50.05.011 *Area of special flood hazard:The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year.It is shown on the Flood Insurance Rate Map(FIRM)as zone A,AO,AH,A1-30,AE,A99,AR(V,VO,V1- 30,VE)."Special flood hazard area"is synonymous in meaning with the phrase"area of special flood hazard". Yes,50.05.011 ASCE 24: The most recently published version of ASCE 24,Flood Resistant Design and Construction,published by the American Society of Civil Engineers. *Base flood:The flood having a 1%chance of being equaled or exceeded in any given year(also referred to as the"100-year flood"). Yes,50.05.011 *Base Flood Elevation(BFE):The elevation to which floodwater is anticipated to rise during the base flood. Yes,50.05.011 *Basement:Any area of the building having its floor sub-grade(below ground level)on all sides. Yes,50.10.003 Building:See"Structure." Building Code: The currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council. Breakaway wall:A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces,without causing damage to the elevated portion of the building or supporting foundation system. Yes,50.05.011 Coastal High Hazard Area:An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.The area is designated on the FIRM as zone V1-30,VE or V. LU 20-0005 EXHIBIT F-3/ PAGE2OF21 Critical Facility:A facility for which even a slight chance of flooding might be too great. Critical facilities include(but are not limited to)schools,nursing homes,hospitals,police,fire and emergency response installations,and installations which produce, use,or store hazardous materials or hazardous waste. *Development:Any man-made change to improved or unimproved real estate,including but not limited to buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Yes,50.10.003 Elevation Certificate:An administrative tool of the National Flood Insurance Program(NFIP)that can be used to provide elevation information,to determine the proper insurance premium rate,and to support a request for a Letter of Map Amendment(LOMA)or Letter of Map Revision based on fill(LOMR-F). Elevated Building:For insurance purposes,a non-basement building that has its lowest elevated floor raised above ground level by foundation walls,shear walls,post,piers,pilings,or columns. Essential Facility: This term has the same meaning as"Essential Facility"defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities. Existing Manufactured Home Park or Subdivision:A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including,at a minimum,the installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads)is completed before the effective date of the floodplain management regulations adopted by the community. Expansion to an Existing Manufactured Home Park or Subdivision:The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads). *Flood or Flooding: 1) A general and temporary condition of partial or complete inundation of normally dry land areas from: a)The overflow of inland or tidal waters. b)The unusual and rapid accumulation or runoff of surface waters from any source. c)Mudslides(i.e.,mudflows)which are proximately caused by flooding as defined in paragraph(1)(b)of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,as when earth is carried by a current of water and deposited along the path of the current. 2)The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,accompanied by a severe storm,or by an unanticipated force of nature,such as flash flood or an abnormal tidal surge,or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a)of this definition Yes,50.05.011 *Flood elevation study:An examination,evaluation and determination of flood hazards and,if appropriate,corresponding water surface elevations,or an examination,evaluation and determination of mudslide(i.e.,mudflow)and/or flood-related erosion hazards. Also known as a Flood Insurance Study(FIS). Yes,50.05.011 *Flood Insurance Rate Map(FIRM):The official map of a community,on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). Yes,50.05.011 Flood Insurance Study(FIS): See"Flood elevation study". *Floodplain or flood prone area:Any land area susceptible to being inundated by water from any source.See"Flood or flooding." Yes,50.10.003 LU 20-0005 EXHIBIT F-3/ PAGE3OF21 Floodplain administrator:The community official designated by title to administer and enforce the floodplain management regulations. Floodplain management regulations:Zoning ordinances,subdivision regulations,building codes,health regulations,special purpose ordinances(such as floodplain ordinance,grading ordinance and erosion control ordinance)and other application of police power.The term describes such state or local regulations,in any combination thereof,which provide standards for the purpose of flood damage prevention and reduction. *Flood proofing:Any combination of structural and nonstructural additions,changes,or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property,water and sanitary facilities,structures,and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. Yes,50.05.011 *Floodway:The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.Also referred to as "Regulatory Floodway." Yes,50.05.011 *Functionally dependent use:A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers,and ship building and ship repair facilities,and does not include long term storage or related manufacturing facilities. Yes,50.05.011 *Highest adjacent grade:The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Yes,50.05.011 Historic structure: Any structure that is: 1.IEisted individually in the National Register of Historic Places(a listing maintained by the Department of Interior)or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2.Dertified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3.Ddividually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior;or 4.Ddividually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a.By an approved state program as determined by the Secretary of the Interior or b.®irectly by the Secretary of the Interior in states without approved programs. Yes,50.05.011 *Lowest Floor:The lowest floor of the lowest enclosed area(including basement).An unfinished or flood resistant enclosure, usable solely for parking of vehicles,building access,or storage in an area other than a basement area,is not considered a building's lowest floor,provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance(i.e.provided there are adequate flood ventilation openings). Yes,50.05.011 Manufactured Dwelling:A structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.The term"manufactured home"does not include a"recreational vehicle." Yes,50.05.011 Manufactured Dwelling Park or Subdivision:A parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. Yes,50.05.011 LU 20-0005 EXHIBIT F-3/ PAGE4OF21 *Mean Sea Level:For purposes of the National Flood Insurance Program,the National Geodetic Vertical Datum(NGVD)of 1929 or other datum,to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. Yes,50.05.011 *New construction:For floodplain management purposes,"new construction"means structures for which the"start of construction"commenced on or after the effective date of a floodplain management regulation adopted by COMMUNITY NAME and includes any subsequent improvements to such structures Yes,50.05.011 New Manufactured Home Park or Subdivision:A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation of utilities, the construction of streets,and either final site grading or the pouring of concrete pads)is completed on or after the effective date of adopted floodplain management regulations adopted by the community. Reasonably Safe from Flooding:Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies,historical data,high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the Highest Adjacent Grade. *Recreational Vehicle:A vehicle, 1)Built on a single chassis; 2)400 square feet or less when measured at the largest horizontal projection; 3)®esigned to be self-propelled or permanently towable by a light duty truck;and 4)®esigned primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. Yes,50.05.011 *Start of construction:Includes substantial improvement and means the date the building permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,addition,placement,or other improvement was within 180 days from the date of the permit.The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation;or the placement of a manufactured home on a foundation.Permanent construction does not include land preparation,such as clearing,grading,and filling;nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement,footings,piers,or foundations or the erection of temporary forms;nor does it include the installation on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,the actual start of construction means the first alteration of any wall,ceiling, floor,or other structural part of a building,whether or not that alteration affects the external dimensions of the building. Yes,50.05.011 *Structure:For floodplain management purposes,a walled and roofed building,including a gas or liquid storage tank,that is principally above ground,as well as a manufactured home. Yes,50.05.011 *Substantial Damage:Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.' Yes,50.05.011 LU 20-0005 EXHIBIT F-3/ PAGE 5OF21 *Substantial improvement:Any reconstruction,rehabilitation,addition,or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the improvement.This term includes structures which have incurred"substantial damage,"regardless of the actual repair work performed.The term does not,however,include either: 1)Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary,or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions;or 2)Any alteration of a"historic structure,"provided that the alteration will not preclude the structure's continued designation as a"historic structure." Yes,50.05.011 *Variance:A grant of relief by{COMMUNITY NAME}from the terms of a floodplain management regulation. Yes,50.05.011 Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation:The height,in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Water Dependent:A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations Section 3.0—General Provisions 3.1 Lands to Which This Ordinance Applies 44 CFR 59.22(a) This ordinance shall apply to all special flood hazard areas within the jurisdiction of{Community Name}. Yes,50.05.011 1. Mandatory(44 CFR 60.3(preamble)and 44 CFR 60.2(h)).*In some communities,the phrase"and any revisions thereto"is not considered legally binding and 3.2 Basis for Establishing the Areas of Special Flood Hazard should not be adopted. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study(FIS)for"EXACT TITLE OF FLOOD INSURANCE STUDY FOR COMMUNITY",dated DATE(MONTH DAY, FOUR DIGIT YEAR),with accompanying Flood Insurance Rate Maps(FIRMs)LIST ALL EFFECTIVE FIRM PANELS HERE(UNLESS ALL PANELS ARE BEING REPLACED THROUGH A NEW COUNTY_WIDE MAP THAT INCORPORATES ALL PREVIOUS PANELS/VERSIONS, IN THAT SITUATION PANELS DO NOT NEED TO BE INDIVIDUALLY LISTED)are hereby adopted by reference and declared to be a part of this ordinance.The FIS and FIRM panels are on file at INSERT THE LOCATION(I.E.COMMUNITY PLANNING DEPARTMENT LOCATED IN THE COMMUNITY ADMINISTRATIVE BUILDING). Yes,50.05.0111. 3.3 Coordination with State of Oregon Specialty Codes Mandatory(ORS 455) Pursuant to the requirement established in ORS 455 that the INSERT COMMUNITY NAME administers and enforces the State of Oregon Specialty Codes,the INSERT COMMUNITY NAME does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore,this ordinance is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. Yes,Ordinance 2847 3.4 Compliance Mandatory(44 CFR 60.2(h)) LU 20-0005 EXHIBIT F-3/ PAGE6OF21 All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations. Yes,50.05.011 1. 3.4.2 Penalties for Noncompliance Mandatory(44 CFR 60.2(h)) No structure or land shall hereafter be constructed,located,extended,converted,or altered without full compliance with the terms of this ordinance and other applicable regulations.Violations of the provisions of this ordinance by failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with conditions)shall constitute a(INSERT INFRACTION TYPE(I.E.MISDEMEANOR).INSERT PENALTIES PER STATE/LOCAL LAW ASSOCIATED WITH SPECIFIED INFRACTION TYPE(I.E.ANY PERSON WHO VIOLATES THE REQUIREMENTS OF THIS ORDINANCE SHALL UPON CONVICTION THEREOF BE FINED NOT MORE THAN A SPECIFIED AMOUNT OF MONEY...)Nothing contained herein shall prevent the COMMUNITY NAME from taking such other lawful action as is necessary to prevent or remedy any violation. Yes,50.09.003 4. 3.5.1 Abrogation Recommended(Not mandatory) This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,or deed restrictions.However, where this ordinance and another ordinance,easement,covenant,or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. Yes,50.05.011 2.b. Mandatory(44 CFR 60.1(b))The severability clause may be included in the adopting ordinance and left 3.5.2 Severability uncodified. This ordinance and the various parts thereof are hereby declared to be severable.If any section clause,sentence,or phrase of the Ordinance 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 Ordinance. Yes,Ordinance 2847 3.6 Interpretation Recommended(Not mandatory) In the interpretation and application of this ordinance,all provisions shall be: 1)®onsidered as minimum requirements; 2)IEiberally construed in favor of the governing body;and, 3)Deemed neither to limit nor repeal any other powers granted under state statutes. Yes,50.05.011 2.c. 3.7.1 Warning Recommended(Not mandatory) The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. Yes,50.05.011 2.d. 3.7.2 Disclaimer of Liability Recommended(Not mandatory) This ordinance shall not create liability on the part of the COMMUNITY NAME,any officer or employee thereof,or the Federal Insurance Administrator for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Yes,50.05.011 2.e. Section 4.0—Administration 4.1 Desi nation of the Floodplain Administrator Mandatory(44 CFR 59.22(b)(1)) The INS 'T INDIVIDUAL JOB TITLE is hereby appointed to administer,implement,and enforce this ordinance by granting or denying development permits in accordance with its provisions.The Floodplain Administrator may delegate authority to implement these provisions. Yes,50.05.011 10. 4.2 Duties and Responsibilities of the Floodplain Administrator Mandatory(44 CFR 60.1(b)) LU 20-0005 EXHIBIT F-3/ PAGE7OF21 Duties of the floodplain administrator,or their designee,shall include,but not be limited to Yes,50.05.011 10.&5. 4.2.1 Permit Review Mandatory(44 CFR 60.1(b)) Review all development permits to determine that: A.The permit requirements of this ordinance have been satisfied; B.All other required local,state,and federal permits have been obtained and approved. C.Beview all development permits to determine if the proposed development is located in a floodway.If located in the floodway assure that the floodway provisions of this ordinance in section 5.2.4 are met;and D.Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation (BFE)data is available either through the Flood Insurance Study(FIS)or from another authoritative source.If BFE data is not available then ensure compliance with the provisions of sections 5.1.7;and E.Provide to building officials the Base Flood Elevation(BFE)(ADD FREEBOARD IF COMMUNITY HAS HIGHER ELEVATION STANDARDS)applicable to any building requiring a development permit. F.Beview all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in section 2.0. G.Beview all development permits to determine if the proposed development activity is a watercourse alteration.If a watercourse alteration is proposed,ensure compliance with the provisions in section 5.1.1. H.Beview all development permits to determine if the proposed development activity includes the placement of fill or excavation Yes,50.05.0115. Required verbatim(44 CFR 60.3(b)(5));(44 CFR 60.3(b)(5)(i)and(iii));(44 CFR 60.3(e)(2));(44 CFR 60.3(b)(5)(i)and(iii));(44 CFR 60.3(b)(5)(ii));(44 CFR 60.3(b)(5)(iii));(44 CFR 60.3(d)(3));(44 CFR 60.6(a)(6)); 4.2.2.Information to be Obtained and Maintained (44 CFR 60.3(b)(5)(iii)) LU 20-0005 EXHIBIT F-3/ PAGE8OF21 The following information shall be obtained and maintained and shall be made available for public inspection as needed: A.:Thtain,record,and maintain the actual elevation(in relation to mean sea level)of the lowest floor(including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation(BFE)data is provided through the Flood Insurance Study(FIS),Flood Insurance Rate Map(FIRM),or obtained in accordance with section 5.1.7. B.:Thtain and record the elevation(in relation to mean sea level)of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of sections 5.2.4,5.3.1(F),4.2.1(B) are adhered to. C.Upon placement of the lowest floor of a structure(including basement)but prior to further vertical construction,obtain documentation,prepared and sealed by a professional licensed surveyor or engineer,certifying the elevation(in relation to mean sea level)of the lowest floor(including basement). D.Where base flood elevation data are utilized,obtain As-built certification of the elevation(in relation to mean sea level)of the lowest floor(including basement)prepared and sealed by a professional licensed surveyor or engineer,prior to the final inspection. E.Maintain all Elevation Certificates(EC)submitted to(INSERT COMMUNITY NAME); F.:Thtain,record,and maintain the elevation(in relation to mean sea level)to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this ordinance and where Base Flood Elevation(BFE)data is provided through the FIS,FIRM,or obtained in accordance with section 5.1.7. G.Maintain all floodproofing certificates required under this ordinance; H.®ecord and maintain all variance actions,including justification for their issuance; I.:Thtain and maintain all hydrologic and hydraulic analyses performed as required under section 5.2.4. J.®ecord and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under section 4.2.4. K.Maintain for public inspection all records pertaining to the provisions of this ordinance Yes,50.07.004.13,and 50.05.011 5.b. 4.2.3 Requirement to Notify Other Entities and Submit New Technical Data 4.2.3.1 Community Boundary Alterations Mandatory(44 CFR 59.22(a)(9)(v)) The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area,to ensure that all Flood Hazard Boundary Maps (FHBM)and Flood Insurance Rate Maps(FIRM)accurately represent the community's boundaries.Include within such notification a copy of a map of the community suitable for reproduction,clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. Yes,12.06.390 4.2.3.2 Watercourse Alterations Mandatory(44CFR 60.3(b)(6))&(44CFR 60.3(b)(7)) LU 20-0005 EXHIBIT F-3/ PAGE9OF21 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.This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision(LOMR)along with either: A.111 proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained;or B.®ertification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance. The applicant shall be required to submit a Conditional Letter of Map Revision(CLOMR)when required under section 4.2.3.3. Ensure compliance with all applicable requirements in sections 4.2.3.3 and 5.1.1. Yes,50.07.004.13 4.2.3.3 Requirement to Submit New Technical Data Mandatory(44 CFR 65.3) A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions.As soon as practicable,but not later than six months after the date such information becomes available,a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Section 44 of the Code of Federal Regulations(CFR),Sub-Section 65.3.The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change(LOMC)process. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for: A.Proposed floodway encroachments that increase the base flood elevation;and B.Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. An applicant shall notify FEMA within six(6)months of project completion when an applicant has obtained a Conditional Letter of Map Revision(CLOMR)from FEMA.This notification to FEMA shall be provided as a Letter of Map Revision(LOMR). Yes,50.07.004.13 FEMA Recommended,substantial damage and 4.2.4 Substantial Improvement and Substantial Damage Assessments and Determinations improvement are required in various other sections Conduct Substantial Improvement(SI)(as defined in section 2.0)reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with section 4.2.2.Conduct Substantial Damage(SD) (as defined in section 2.0)assessments when structures are damaged due to a natural hazard event or other causes.Make SD determinations whenever structures within the special flood hazard area(as established in section 3.2)are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Yes,50.05.011 10.b. 4.3 Establishment of Development Permit 4.3.1 Floodplain Development Permit Required I Mandatory(44 CFR 60.3(a)(1)) LU 20-0005 EXHIBIT F-3/ PAGE 10 OF 21 A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in section 3.2.The development permit shall be required for all structures,including manufactured dwellings,and for all other development,as defined in section 2.0,including fill and other development activities.Yes,50.05.011 1. Mandatory(44 CFR 60.3(a0(11 44 CFR 60.3(b)(3),44 4.3.2 Application for Development Permit CFR 60.3(c)(4)) Application for a development permit may be made on forms furnished by the Floodplain Administrator 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: A.Dih riverine flood zones,the proposed elevation(in relation to mean sea level),of the lowest floor(including basement)and all attendant utilities of all new and substantially improved structures;in accordance with the requirements of section 4.2.2. B.f coastal flood zones(V zones and coastal A zones),the proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor(excluding pilings and columns)of all structures,and whether such structures contain a basement; C.Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed. D.®ertification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in section 5.2.3.3. E.®escription of the extent to which any watercourse will be altered or relocated. F.Base Flood Elevation data for subdivision proposals or other development when required per sections 4.2.1 and 5.1.6. G.®ubstantial improvement calculation for any improvement,addition,reconstruction,renovation,or rehabilitation of an existing structure. H.The amount and location of any fill or excavation activities proposed. Yes,50.07.004.13 4.4 Variance Procedure FEMA Recommended The issuance of a variance is forfloodplain management purposes only.Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance. Yes,50.05.0118.a. FEMA Recommended.However,any variance 4.4.1 Conditions for Variances provisions must meet the standards in 44 CFR 60.6 LU 20-0005 EXHIBIT F-3/ PAGE 11 OF 21 A.Generally,variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level,in conformance with the provisions of sections 4.4.1(C)and(E),and 4.4.2.As the lot size increases beyond one-half acre,the technical justification required for issuing a variance increases. B.Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard,to afford relief. C.Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. D.Variances shall only be issued upon: 1.A showing of good and sufficient cause; 2.A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3.A determination that the granting of a variance will not result in increased flood heights,additional threats to public safety, extraordinary public expense,create nuisances,cause fraud on or victimization of the public,or conflict with existing laws or ordinances. E.Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of section 4.4.1(B)—(D)are met,and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety Yes,50.05.011 8.b. FEMA Recommended.However,any variance 4.4.2 Variance Notification provisions must meet the standards in 44 CFR 60.6 Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property.Such notification and a record of all variance actions, including justification for their issuance shall be maintained in accordance with section 4.2.2 Yes,50.05.0118.d. 5.0 Provisions for Flood Hazard Reduction 5.1 General Standards In all special flood hazard areas,the following standards shall be adhered to: 5.1.1 Alteration of Watercourses Mandatory(44CFR 60.3(b)(6))&(44CFR 60.3(b)(7)) Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished.Require compliance with sections 4.2.3.2 and 4.2.3.3. Yes,50.05.011 6.b.viii. Mandatory(44 CFR 60.3(a)(b));(44 CFR 60.3(a)(3)(i)); (44 CFR 60.3(b)(8));For more information,refer to guidebook,FEMA-85,"Manufactured Home 5.1.2 Anchoring Installation in Flood Hazard Areas." LU 20-0005 EXHIBIT F-3/ PAGE 12 OF 21 AA!new construction and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy. B.All manufactured dwellings shall be anchored per section 5.2.3.4. Yes,50.05.0117.a. 5.1.3 Construction Materials and Methods Mandatory(44 CFR 60.3(a)(3)(ii-iv)) AAI new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B.All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Yes,50.05.011 7.b. 5.1.4 Utilities and Equipment 5.1.4.1 Water Supply,Sanitary Sewer,and On-Site Waste Disposal Systems Mandatory(44 CFR 60.3(a)(5)(6)) AAI new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. C.:2n-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. Yes,50.05.011 6.b.vi. 5.1.4.2 Electrical,Mechanical,Plumbing,and Other Equipment Mandatory(44 CFR 60.3(a0(3)(iv0) Electrical,heating,ventilating,air-conditioning,plumbing,duct systems,and other equipment and service facilities shall be elevated at or above the base flood level(INSERT ANY COMMUNITY FREEBOARD REQUIREMENT HERE)or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses,including the effects of buoyancy,during conditions of flooding.In addition,electrical,heating,ventilating, air-conditioning,plumbing,duct systems,and other equipment and service facilities shall: A. replaced as part of a substantial improvement shall meet all the requirements of this section. B.Not be mounted on or penetrate through breakaway walls. Yes,50.05.011 7.b. 5.1.5 Tanks Mandatory R322.2.4;R322.3.7 A.Underground tanks shall be anchored to prevent flotation,collapse and lateral movement under conditions of the base flood. B.Above-ground tanks shall be installed at or above the base flood level(INSERT COMMUNITY FREEBOARD REQUIREMENT HERE)or shall be anchored to prevent flotation,collapse,and lateral movement under conditions of the base flood. C.ffn coastal flood zones(V Zones or coastal A Zones)when elevated on platforms,the platforms shall be cantilevered from or knee braced to the building or shall be supported on foundations that conform to the requirements of the State of Oregon Specialty Code. Yes,50.05.0117.c. 5.1.6 Subdivision Proposals and Other Proposed Development Mandatory(44 CFR 60.3(a)(4)&(b)(3)) LU 20-0005 EXHIBIT F-3/ PAGE 13 OF 21 AA!new subdivision proposals and other proposed new developments(including proposals for manufactured dwelling parks and subdivisions)greater than 50 lots or 5 acres,whichever is the lesser,shall include within such proposals,Base Flood Elevation data. B.Bll new subdivision proposals and other proposed new developments(including proposals for manufactured dwelling parks and subdivisions)shall: 1.Be consistent with the need to minimize flood damage. 2.Have public utilities and facilities such as sewer,gas,electrical,and water systems located and constructed to minimize or eliminate flood damage. 3.Have adequate drainage provided to reduce exposure to flood hazards. Yes,50.05.011 6.b.xi. Mandatory(44 CFR 60.3(a)(3),44 CFR 60.3(b4(0 44 5.1.7 Use of Other Base Flood Data CFR 60.3(b)(3)) When Base Flood Elevation data has not been provided in accordance with section 3.2 the local floodplain administrator shall obtain,review,and reasonably utilize any Base Flood Elevation data available from a federal,state,or other source,in order to administer section 5.0.All new subdivision proposals and other proposed new developments(including proposals for manufactured dwelling parks and subdivisions)must meet the requirements of section 5.1.6. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation.Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding;the test of reasonableness includes use of historical data, high water marks,FEMA provided Base Level Engineering data,and photographs of past flooding,etc...where available.(INSERT REFERENCE TO ANY OF THIS TYPE OF INFORMATION TO BE USED FOR REGULATORY PURPOSES BY YOUR COMMUNITY,I.E.BASE LEVEL ENGINEERING DATA,HIGH WATER MARKS,HISTORICAL OR OTHER DATA THAT WILL BE REGULATED TO.THIS MAY BE NECESSARY TO ENSURE THAT THE STANDARDS APPLIED TO RESIDENTIAL STRUCTURES ARE CLEAR AND OBJECTIVE.IF UNCERTAIN SEEK LEGAL ADVICE,AT A MINIMUM REQUIRE THE ELEVATION OF RESIDENTIAL STRUCTURES AND NON- RESIDENTIAL STRUCTURES THAT ARE NOT DRY FLOODPROOFED TO BE 2FEET ABOVE HIGHEST ADJACENT GRADE).Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. Yes,50.07.004.13 5.1.8 Structures Located in Multiple or Partial Flood Zones Mandatory(R322.1) In coordination with the State of Oregon Specialty Codes: A.When a structure is located in multiple flood zones on the community's Flood Insurance Rate Maps(FIRM)the provisions for the more restrictive flood zone shall apply. B.When a structure is partially located in a special flood hazard area,the entire structure shall meet the requirements for new construction and substantial improvements. Yes,50.05.011 6.b.iv.8. LU 20-0005 EXHIBIT F-3/ PAGE 14 OF 21 Mandatory(44 CFR 60.3(c)(1)) (Additional standards clarified in FEMA Technical Bulletin 11-01 to allow below-grade crawlspace construction for buildings located in the SFHA. However,the standards in 11-01 must be specifically adopted,and adopting them can result in a 20% 5.2 Specific Standards for Riverine(Including All Non-Coastal)Flood Zones increase in flood insurance premiums.) These specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in section 5.1 of this ordinance. Yes,50.05.011 6. 5.2.1 Flood Openings Mandatory(44 CFR 60.3(c)(5)) All new construction and substantial improvements with fully enclosed areas below the lowest floor(excluding basements)are subject to the following requirements. Enclosed areas below the Base Flood Elevation,including crawl spaces shall: A.Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters; B.Be used solely for parking,storage,or building access; C.Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: 1.A minimum of two openings, 2.11he total net area of non-engineered openings shall be not less than one(1)square inch for each square foot of enclosed area,where the enclosed area is measured on the exterior of the enclosure walls, 3.11he bottom of all openings shall be no higher than one foot above grade. penings may be equipped with screens,louvers,valves,or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. 5.All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. Yes,50.05.011 6.b.iv.6. 5.2.2 Garages Mandatory(FEMA Technical Bulletin 7) A.Attached garages may be constructed with the garage floor slab below the Base Flood Elevation(BFE)in riverine flood zones, if the following requirements are met: 1.B located within a floodway the proposed garage must comply with the requirements of section 5.2.4. 2.11he floors are at or above grade on not less than one side; 3.11he garage is used solely for parking,building access,and/or storage; 4.11he garage is constructed with flood openings in compliance with section 5.2.1 to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. 5.11he portions of the garage constructed below the BFE are constructed with materials resistant to flood damage; 6.11he garage is constructed in compliance with the standards in section 5.1;and 7.11he garage is 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. B.Betached garages must be constructed in compliance with the standards for appurtenant structures in section 5.2.3.6 or non- residential structures in section 5.2.3.3 depending on the square footage of the garage. Yes,50.05.011 6.b.iv.2. LU 20-0005 EXHIBIT F-3/ PAGE 15 OF 21 5.2.3 For Riverine(Non-Coastal)Special Flood Hazard Areas with Base Flood Elevations In addition to the general standards listed in section 5.1 the following specific standards shall apply in Riverine(non-coastal) special flood hazard areas with Base Flood Elevations(BFE):Zones A1-A30,AH,and AE. 5.2.3.1 Before Regulatory Floodway Mandatory(44 CFR 60.3(c0(10D In areas where a regulatory floodway has not been designated,no new construction,substantial improvement,or other development(including fill)shall be permitted within Zones A1-30 and AE on the community's Flood Insurance Rate Map (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 one foot at any point within the community. Yes,50.05.011 6.xii.(Encroachment into Portions[...]) Mandatory(44 CFR 60.3(02)and(5));(44 CFR 60.3(c0(7JJ;(44 CFR 60.3(b)(2));(44 CFR 60.3(e));(44 5.2.3.2 Residential Construction CFR 60.3(c)(5) A.New construction and substantial improvement of any residential structure shall have the lowest floor,including basement, elevated at or above the Base Flood Elevation(BFE)(INSERT ADDITIONAL FREEBOARD FOR YOUR COMMUNITY—RECOMMEND MINIMUM OF 1FT ABOVE BFE). B.Bnclosed areas below the lowest floor shall comply with the flood opening requirements in section 5.2.1. Yes,50.05.011 6.b.iv.1 5.2.3.3 Non-Residential Construction Mandatory(44 CFR 60.3(c0(3)-(5)) A.New construction and substantial improvement of any commercial,industrial,or other non-residential structure shall: 1.Have the lowest floor,including basement elevated at or above the Base Flood Elevation(BFE)(INSERT ANY ADDITIONAL FREEBOARD REQUIREMENTS FOR YOUR COMMUNITY); Or,together with attendant utility and sanitary facilities, Additional Recommended Language Provided in Appendix B 2.Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 3.Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 4.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 section based on their development and/or review of the structural design,specifications and plans.Such certifications shall be provided to the Floodplain Administrator as set forth section 4.2.2. B.Non-residential structures that are elevated,not floodproofed,shall comply with the standards for enclosed areas below the lowest floor in section 5.2.1. C.Bpplicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one(1)foot below the floodproofed level(e.g.a building floodproofed to the base flood level will be rated as one(1) foot below. Yes,50.05.011 6.b.iv.3. Mandatory(44 CFR 60.3(b)(8);44 CFR 60.3(c0(6)(iv);44 5.2.3.4 Manufactured Dwellings CFR 60.3(c)(12)(ii)) LU 20-0005 EXHIBIT F-3/ PAGE 16 OF 21 A.New or substantially improved manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with section 5.2.1; B.mhe bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation; C.New or substantially improved manufactured dwellings 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(Reference FEMA's"Manufactured Home Installation in Flood Hazard Areas"guidebook for additional techniques),and; D.Electrical crossover connections shall be a minimum of twelve(12)inches above Base Flood Elevation(BFE). Yes,50.05.011 6.b.iv.5. 5.2.3.5 Recreational Vehicles Mandatory(44 CFR 60.3(c0(14J(iM-(iiiMJ Recreational vehicles placed on sites are required to: A.Ee on the site for fewer than 180 consecutive days, B.Ee 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 additions;or C.Meet the requirements of section 5.2.3.4,including the anchoring and elevation requirements for manufactured dwellings. Yes,50.05.011 6.b.ix. Optional,FEMA Policy on Agricultural/Accessory 5.2.3.6 Appurtenant(Accessory)Structures Structures Relief from elevation or floodproofing requirements for residential and non-residential structures in Riverine(Non-Coastal) flood zones may be granted for appurtenant structures that meet the following requirements: A.Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in section 5.2.4. B.Appurtenant structures must only be used for parking,access,and/or storage and shall not be used for human habitation; C.Rn compliance with State of Oregon Specialty Codes,appurtenant structures on properties that are zoned residential are limited to one-story structures less than 200 square feet,or 400 square feet if the property is greater than two(2)acres in area and the proposed appurtenant structure will be located a minimum of 20 feet from all property lines.Appurtenant structures on properties that are zoned as non-residential are limited in size to 120 square feet. D.mhe portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; E.mhe appurtenant structure must be adequately anchored to prevent flotation,collapse,and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy,during conditions of the base flood. F.mhe appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in section 5.2.1; G.Appurtenant structures shall be located and constructed to have low damage potential; H.Appurtenant structures shall not be used to store toxic material,oil,or gasoline,or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed incompliance with section 5.1.5. (.Appurtenant structures shall be constructed with electrical,mechanical,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. Yes,50.05.011 6.b.iv.4. 5.2.4 Floodways Mandatory(44 CFR 60.3(d)) LU 20-0005 EXHIBIT F-3/ PAGE 17 OF 21 Located within the special flood hazard areas established in section 3.2 are areas designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris,potential projectiles,and erosion potential,the following provisions apply: A.®rohibit encroachments,including fill,new construction,substantial improvements,and other development within the adopted regulatory floodway unless: 1.®ertification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; Or, 2.A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations,provided that a Conditional Letter of Map Revision(CLOMR)is applied for and approved by the Federal Insurance Administrator,and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations,section 65.12 are fulfilled. B. the requirements of section 5.2.4(A)are satisfied,all new construction,substantial improvements,and other development shall comply with all other applicable flood hazard reduction provisions of section 5.0. Yes,50.05.011 6.b.xii. 5.2.5 Standards for Shallow Flooding Areas Mandatory(44 CFR 60.3(c)(7),(8),(11),(14)) Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations.For AO zones the base flood depths range from one(1)to three(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.For both AO and AH zones,adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. Yes,50.05.011 6.b.xiv. 5.2.5.1 Standards for AH Zones Mandatory(44 CFR 60.3(c)(7),(8),(11),(14)) Development within AH Zones must comply with the standards in sections 5.1,5.2,and 5.2.5. Yes,50.05.011 6.b.xiv. 5.2.5.2 Standards for AO Zones Mandatory(44 CFR 60.3(c)(7),(8),(11),(14)) LU 20-0005 EXHIBIT F-3/ PAGE 18 OF 21 In AO zones,the following provisions apply in addition to the requirements in sections 5.1 and 5.2.5: A.New construction and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor,including basement,elevated above the highest grade adjacent to the building,at minimum to or above the depth number specified on the Flood Insurance Rate Maps(FIRM)(INSERT COMMUNITY FREEBOARD REQUIREMENT HERE) (at least two(2)feet if no depth number is specified).For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. B.New construction and substantial improvements of non-residential structures within AO zones shall either: 1.Have the lowest floor(including basement)elevated above the highest adjacent grade of the building site,at minimum to or above the depth number specified on the Flood Insurance Rate Maps(FIRMS)(INSERT COMMUNITY FREE BOARD REQUIREMENT HERE)(at least two(2)feet if no depth number is specified);or 2.1Thigether with attendant utility and sanitary facilities,be completely floodproofed to or above the depth number specified on the FIRM(INSERT COMMUNITY FREEBOARD REQUIREMENT HERE)or a minimum of two(2)feet above the highest adjacent grade if no depth number is specified,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 the effects of buoyancy.If this method is used,compliance shall be certified by a registered professional engineer or architect as stated in section 5.2.3.3(A)(4). C.®ecreational vehicles placed on sites within AO Zones on the community's Flood Insurance Rate Maps(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 additions;or 3.Meet the elevation requirements of section 5.2.5.2(A),and the anchoring and other requirements for manufactured dwellings of section 5.2.3.4. D.Ikin AO zones,new and substantially improved appurtenant structures must comply with the standards in section 5.2.3.6. E.Ikin AO zones,enclosed areas beneath elevated structures shall comply with the requirements in section 5.2.1. Yes,50.05.011 6.b.xiv. 5.3 Specific Standards for Coastal High Hazard Flood Zones Mandatory,if coastal 44 CFR 60.3(e) Located within special flood hazard areas established in section 3.2 are Coastal High Hazard Areas,designated as Zones V1-V30, VE,V,or coastal A zones as identified on the FIRMs as the area between the Limit of Moderate Wave Action(LiMWA)and the Zone V boundary.These areas have special flood hazards associated with high velocity waters from surges and,therefore,in addition to meeting all provisions of this ordinance and the State of Oregon Specialty Codes,the following provisions shall apply in addition to the general standards provisions in section 5.1. N/A 5.3.1 Development Standards A.All new construction and substantial improvements in Zones V1-V30 and VE,V,and coastal A zones(where base flood 'Mandatory,if coastal 44 CFR 60.3(e0(4) LU 20-0005 EXHIBIT F-3/ PAGE 19 OF 21 elevation data is available)shall be elevated on pilings and columns such that: 1.mhe bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns)is elevated a minimum of one foot above the base flood level;and 2.mhe pile or column foundation and structure attached thereto is anchored to resist flotation,collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood.Wind loading values used shall be those specified by the State of Oregon Specialty Codes; N/A Mandatory,if coastal 44 CFR 60.3(e0(4) B.A registered professional engineer or architect shall develop or review the structural design,specifications and plans for the construction,and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section. N/A C.Obtain the elevation(in relation to mean sea level)of the bottom of the lowest horizontal structural member of the lowest Mandatory,if coastal 44 CFR 60.3(e0(2) floor(excluding pilings and columns)of all new and substantially improved structures and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information in accordance with section 4.2.2 N/A Mandatory,if coastal 44 CFR 60.3(e0(5) D.Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls,open wood lattice-work,or insect screening intended to collapse under wind and water loads without causing collapse,displacement,or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section,a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot(either by design or when so required by local or state codes)may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1.Breakaway wall collapse shall result from water load less than that which would occur during the base flood;and 2.B breakaway walls are utilized,such enclosed space shall be useable solely for parking of vehicles,building access,or storage. Such space shall not be used for human habitation. 3.Walls intended to break away under flood loads shall have flood openings that meet or exceed the criteria for flood openings in section 5.2.1. N/A Mandatory,if coastal 44 CFR 60.3(e0(4) E.The elevated portion of the building and supporting foundation system shall not be subject to collapse,displacement,or other structural damage due to the effects of wind and water loads acting simultaneously on all building components(structural and nonstructural). Maximum water loading values to be used in this determination shall be those associated with the base flood.Maximum wind loading values used shall be those specified by the State of Oregon Specialty Codes. N/A Mandatory,if coastal 44 CFR 60.3(e0(6) F.Prohibit the use of fill for structural support of buildings. N/A Mandatory,if coastal 44 CFR 60.3(e0(3) G.All new construction shall be located landward of the reach of mean high tide. N/A LU 20-0005 EXHIBIT F-3/ PAGE 20 OF 21 Mandatory,if coastal 44 CFR 60.3(e)(7) H.Prohibit man-made alteration of sand dunes which would increase potential flood damage. N/A I.All structures,including but not limited to residential structures,non-residential structures,appurtenant structures,and Mandatory,if coastal 44 CFR 60.3(e) attached garages shall comply with all the requirements of section 5.3.1 Floodproofing of non-residential structures is N/A 5.3.1.1 Manufactured Dwelling Standards for Coastal High Hazard Zones Mandatory,if coastal 44 CFR 60.3(e0(8) All manufactured dwellings to be placed or substantially improved within Coastal High Hazard Areas(Zones V,V1-30,VE,or Coastal A)shall meet the following requirements: A.Eomply with all of the standards within section 5.3; B.The bottom of the longitudinal chassis frame beam shall be elevated to a minimum of one foot above the Base Flood Elevation(BFE);and C.Electrical crossover connections shall be a minimum of 12 inches above the BFE. N/A 5.3.1.2 Recreational Vehicle Standards for Coastal High Hazard Zones Mandatory,if coastal 44 CFR 60.3(e0(9) 1 Recreational Vehicles within Coastal High Hazard Areas(Zones V,V1-30,VE,or Coastal A)shall either: A.Eie on the site for fewer than 180 consecutive days,and B.Eie 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 additions;or C.Meet the permit requirements of section 4.0 and the requirements for manufactured dwellings in section 5.3.1.1. N/A 5.3.1.3 Tank Standards for Coastal High Hazard Zones Mandatory R322.2.4;R322.3.7 Tanks shall meet the requirements of section 5.1.5. N/A Optional or Higher Standards Included Below-grade crawlspaces 50.05.011 6.b.iv.7. Cumulative substantial improvement 50.05.011 9.b. Variance criteria for wet-floodproofed accessory structures(boathouses) 50.07.003.13.a.ii. LU 20-0005 EXHIBIT F-3/ PAGE 21 OF 21 From: Aron Faeare To: Ewe. Paul Subject: Ordinance 2847 Floods NFIP FEMA Date: Wednesday,September 1, 2021 7:47:46 PM Attachments: 13200 flood man Lake Osweao 2021-9-1 Fiaure 50.05.011-C.odf Hi Paul, I received your notice, and then downloaded the flood map (attached). I was here in 1996 and can attest that the map is seriously wrong for the properties along Fielding Road where I live. The flood did not inundate all of the properties as the dot pattern indicates on the map. Rather the midpoint of the properties were above flood elevation by several feet, but they became islands with water on the east and the west. So for example our house was not flooded at all, and water remained approximately 50 feet away on both sides of the house, and was several feet below our house floor level. Thus, I believe your map should be corrected to show that there were substantial parts of the properties that were not in the flood zone. I had previously had a survey made showing we were above flood level, and I got flood insurance as a lower cost because of that. I am afraid that your map will automatically put all houses on Fielding in a higher cost bracket for flood insurance because it shows incorrect information. Can you please correct the map? I'm sure there is an aerial photo that would give you correct information. Aron Faegre Aron Faegre 13200 Fielding Road Lake Oswego, Oregon 97034 503-880-1469 faegre@earthlink.net LU 20-0005 EXHIBIT G-1/PAGE 1 OF 2 _ ....,.." • wil Figure 50.05.011-A:Flood Management Area Map C Ill Ci(Aliptligir& *Aik..6-,-i AIL-- V&,:r .tw mord rin 1 _..,...._ Fbodway(arer within the 100-Year 1100dPlaIltighiyalidskc 1°.(1 w ! .—.conveyance. ammo°rep . .&1447 iiii f'.- *Iiii 1-Ittik,..Artizwiti=i. E23 1 Pet AHnnual Chance.giociLl Hiazard(100-year)(1100;ipElp:•SpeAclelE) 1 ,--- lip Azar zw- 4 I Pct Annual Chance Flood Hazard Tlijitlial . 4 _A 1 l • fik41:140: --'r" / UrniiMtarragon Ho Base Established(100-year Ilcodplaln i litirPldi ri 4- i Ai-A it_I:* 'saw Insurance required)(FEMA Zola A) T I I=1998 Flood Inundation Level IF4P7Ab-A171 ale itS4.44*'*tP.- \ tirr./141580.-0607,,. lig•Aire Datum.NAVD 1988 • I 4.1.,...v. 0 200 400 eau SOO 1000 Foot etialirffuljesPite _..._._. 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Ell ....„, pik,10 .00, lig..,,t, tik 're4.•,-- <It.'•\-`.'.0 — ------,-_, ---N 9, -fainir , ,lip,7410,01* itgetiPokiriplik744;,;.'",-5-4_ --'' z_•,o -"w,1 _on , * :4 r _ - '.iN E1 '' ir,!=)Xf" itt"-,.. \'` t From: Alex MacLean To: Espe Paul; pcstestimony@lakeoswego_city Subject: 13392 Fielding Rd./Elevation—Certificate dated 5/31/2012 Date: Monday,September 13,2021 5:09:15 PM Attachments: S011001483 1211071652000.pdf Paul, Having received your recent notice concerning Ordinance No 2847, I noted that when comparing the flood map to my homes Elevation Certificate, there are serious flaws related to how your map reflects my property. As highlighted, the Base Flood Elevation on Tax Lot 2200/2S1E02BA/Lot 5 Fielding Tract is 36.5. The lowest adjacent grade next to the building is 41.3, well above the base flood elevation of 36.5, (prepared by James Brown, Land Surveyor 60379) such that the property was removed from FEMA Flood Insurance Endorsement requirement (see attached). Also, the home which was built in 1939, and was not impacted by the 1948 Vanport Memorial Day Flood, the 1964 Christmas Flood, nor the 1996 Willamette Valley Flood. The concern I have is that the flawed maps will have a direct impact on my Flood Insurance Endorsement, and I would like to have a conversation with you or anyone you would suggest so that I don't find myself in a predicament based on inaccurate mapping. I can only assume you have access to Aerial Photos or other information which would substantiate both my Base Elevations being above the base flood elevation and the fact the home has not flooded since being built. ALEX D MACLEAN 13392 Fielding Rd. Lake Oswego,OR 97034 LU 20-0005 EXHIBIT G-2/PAGE 1 OF 4 U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency Expires March 31, 2012 National Flood Insurance Program Important: Read the instructions on pages 1-9. • SECTION A-PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name ALEX MACLEAN Policy Number A2. Building Street Address(including Apt., Unit,Suite,and/or Bldg. No.)or P.O. Route and Box No. Company NAIC Number 13392 FIELDING ROAD City LAKE OSWEGO State OR ZIP Code 97034 A3. Property Description(Lot and Block Numbers,Tax Parcel Number, Legal Description,etc.) TAX LOT 2200/2S1E02BA/LOT 5 FIELDING TRACT A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)RESIDENTIAL A5. Latitude/Longitude: Lat.45°25'43.17"N Long. 122°39'17.99"w Horizontal Datum: ❑ NAD 1927 2 NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 2 A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) NA sq ft a) Square footage of attached garage NA sq ft b) No. of permanent flood openings in the crawlspace or b) No. of permanent flood openings in the attached garage enclosure(s)within 1.0 foot above adjacent grade NA within 1.0 foot above adjacent grade NA c) Total net area of flood openings in A8.b NA sq in c) Total net area of flood openings in A9.b NA sq in d) Engineered flood openings? 2 Yes 2 No d) Engineered flood openings? 0 Yes 2 No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1. NFIP Community Name&Community Number B2.County Name B3.State 410018 00200 D CLACKAMAS OR B4.Map/Panel Number B5.Suffix B6. FIRM Index B7. FIRM Panel 88.Flood 89 Base Flood Elevation(s)(Zone 41005C0016D D Date Effective/Revised Date Zone(s) AO, use base flood depth) JUNE 17,2008 0016 AE 36.5 B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. ❑ FIS Profile ® FIRM 0 Community Determined 0 Other(Describe) B11. Indicate elevation datum used for BFE in Item B9: 0 NGVD 1929 ® NAVD 1988 0 Other(Describe)_ B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? 0 Yes 2 No Designation Date ❑ CBRS ❑ OPA SECTION C-BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: 2 Construction Drawings* 0 Building Under Construction* 0 Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones A1-A30,AE,AN,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item A7. Use the same datum as the BFE. Benchmark Utilized L.O.BM No. 18E-1Vertical Datum NGVD'29 Conversion/Comments Converted L.O.BM NO. 18E-1 (elevation=94.523)from NGVD'29 to NAVD 1988 by a factor of+3.475.(97.998 con) Check the measurement used. a) Top of bottom floor(including basement,crawlspace,or enclosure floor)34.84 2 feet 0 meters(Puerto Rico only) b) Top of the next higher floor 42.84 2 feet 0 meters(Puerto Rico only) c) Bottom of the lowest horizontal structural member(V Zones only) N/A. ❑feet 0 meters(Puerto Rico only) d) Attached garage(top of slab) NA. 2 feet 0 meters(Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building NA. 2 feet 0 meters(Puerto Rico only) (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) 41.3 2 feet 0 meters(Puerto Rico only) g) Highest adjacent(finished)grade next to building(HAG) 42.1. 2 feet ❑meters(Puerto Rico only) h) Lowest adjacent grade at lowest elevation of deck or stairs,including NA. 2 feet 0 meters(Puerto Rico only) structural support S ? ' ' 2C. "L , SECTION D-SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer, or architect authorized by law to certify elevati Dilly I t1101! \ information. I certify that the information on this Certificate represents my best efforts to interpret the data available. PROFESSIONAL I understand that any false statement maybe punishable by fine or imprisonment under 18 U.S. Code, Section 1001. LAND SURVEYOR ❑ Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a licensed land surveyor? 2 Yes 0 No Certifier's Name James B. Brown License Number 60379 I`-"'-•- ORE.u..)N R 3: :: , Title Surveyor Company Name Centerline Concepts Land Surveying, Inc. .+hNMES csOVEMBEURTCt�. OWUOi N Address 729 Mollala Avenue STE. 1 City Oregon City State OR ZIP Code 97045 -- T' - =EMA Form 81-31, Mar 09 SEeerlygrffle2fpl,cppiipuatippF 4 Replaces all previous editions LU 20-0005 H I ti f f'Ah C 1 l! IMPORTANT: In these spaces,copy the corresponding information from Section A. For Insurance Company Use: Building Street Address(including Apt., Unit,Suite,and/or Bldg. No.)or P.O. Route and Box No. Policy Number 13392 FIELDING ROAD City Lake OswegoState OR ZIP Code 97034 Company NAIC Number SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official, (2)insurance agent/company,and(3)building owner. Comments THE PLANS USED ARE A PROPOSED ADDITION TO AN EXISTING HOUSE.THE NEW ADDITION WILL HAVE NO BASEMENT, BUT THE BASEMENT IN THE EXISTING HOUSE IS BELOW THE BASE FLOOD ELEVATION.THERE ARE NO VENTS I HAVE NO INFORMATION ON WHAT THE NEW GARAGE ELEVATION WILL BE, BUT THE AREA THE GARAGE IS GOING TO BE PLACED IS WELL ABOVE THE BASE FLOOD ELEVATION OF 36.5 FEET Signatur -� -� Date �_�. 1 • — 3 / :Z-- ❑ Check here if attachments SECTION E-BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE),complete Items El-E5. If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A, B, and C. For Items El-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only,enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is 0 feet 0 meters 0 above or❑ below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is 0 feet 0 meters 0 above or 0 below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is 0 feet 0 meters ❑above or ❑below the HAG. E3. Attached garage(top of slab)is 0 feet 0 meters 0 above or 0 below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is 0 feet ❑meters 0 above or 0 below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑Yes 0 No ❑ Unknown. The local official must certify this information in Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name • Address City State ZIP Code Signature Date Telephone Comments El Check here if attachments SECTION G-COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C(or E), and G of this Elevation Certificate. Complete the applicable item(s)and sign below. Check the measurement used in Items G8 and G9. 31. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) 32. 0 A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. 33. ❑ The following information(Items G4-G9)is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued 37. This permit has been issued for: 0 New Construction 0 Substantial Improvement 38. Elevation of as-built lowest floor(including basement)of the building: 0 feet ❑meters(PR)Datum 39. BFE or(in Zone AO)depth of flooding at the building site: 0 feet ❑meters(PR)Datum 310.Community's design flood elevation 0 feet 0 meters(PR)Datum • Local Official's Name Title Community Name Telephone Signature Date Comments El Check here if attachments EMA Form 81-31, Mar 09 Replaces all previous editions LU 20-0005 EXHIBIT G-2/PAGE 3 OF 4 PO BOX 2964 Policy Number Aiistate. SHAWNEE MISSION, KS 66201-1364 4803561831 800-527-2634 You're in good hands. FLOOD DWELLING POLICY ENDORSEMENT DECLARATION Named Insured and Mailing Address: Policy Period: 11/29/2011 to 11/29/2012 Policy Term: ONE YEAR ALEX D MACLEAN EFFECTIVE DATE OF CHANGE: 11/30/2011 13392 FIELDING RD Agent No: 066022 LAKE OSWEGO,OR 97034-2419 IVANTAGE SELECT AGNC 3100 SANDERS RD STE K5A NORTHBROOK, IL 60062 Payor: INSURED Agent Phone: 888-213-0085 The building covered by this policy is located at the above mailing address unless otherwise stated below. I RATING DESCRIPTION I Property/Building I Contents Location SINGLE FAMILY; TWO FLOORS; NON-ELEVATED BASEMENT AND ABOVE GROUND LEVEL Subject to, WITH FINISHED BASEMENT III. Property Covered, Paragraph B. Date of construction or substantial improvement was on 10/18/1938 LOCATION INFORMATION Community Name: CLACKAMAS COUNTY* No: 4155880017D Status: REGULAR CRS Class: 5 FIRM Zone: AE Current Flood Zone:AE Elevation Difference: Grandfathered: N COVERAGE AND RATING INFORMATION Coverage Type I Coverage Limit I Deductible I Rate I Deductible Adjustment I Premium Building $ 250,000 $ 1,000 00.81/00.97 $ 233.00 $ 2,562.00 Contents $ 100,000 $ 1,000 00.96/00.99 $ 98.00 $ 1,081.00 ICC PREMIUM $ 55.00 ANNUAL SUBTOTAL $ 3,698.00 CRS DISCOUNT $ -925.00 FEDERAL POLICY FEE $ 40.00 TOTAL PREMIUM $ 2,813.00 THIS IS NOT A BILL Policy Changes: AGENT CHANGED Attachments: FIRST MORTGAGEE WELLS FARGO BANK NA 0936 ITS SUCCESSORS AND OR ASSIGNS P.O. BOX 100515 FLORENCE,SC 29502 LOAN NUMBER: 0331359232 Issue Date: 09/17/2012 Insured Copy LU 20-0005 EXHIBIT G-2/PAGE 4 OF 4 00940(1(211:142 I 4.4699 Received 09/24/2021 From Mark R. Heizer To: City of Lake Oswego, Attention Iris McCaleb 18345 Heather Ann Court (octesimonvPlakeoswego.city) Lake Oswego, 97034 I wish to present testimony to the Lake Oswego Planning Commission meeting of Monday, September 27, 2021. In addition to oral testimony, I wish to submit the included information regarding significant errors in the City's Figure 50.05.011-A: Flood Management Area Map A. Testimony and documentation. My desire is to ask the City and Planning Commission to be sure that the flood maps are correct and accurate before moving forward with updates with new city codes and ordinances. Nearly 100 property owners adjacent to the Oswego Canal are currently affected by Flood maps that are in error. I'm requesting compliance with City Code 50.05.11, Part 4, Map Administration, subpart b. Map Error. Per this section, "Within 90 days of receiving information establishing a possible error in the existence or location of a flood management area, the City Manager shall provide notice of a public hearing at which the Planning Commission will review the error for compliance with this section. Notice of the hearing shall be sent to property owners who have property that will be included or withdrawn from the flood management area as a result of the change. Notice shall also be sent to owners of property within 100 ft. of the affected properties. Following the public hearing, the Planning Commission shall make a recommendation to the City Council as to whether the flood management area boundaries should be changed." There are three reasons the map is inaccurate, some with significant impact on flow through the canal.These errors likely are placing many properties within a flood zone that should not be in a flood zone (either partially or wholly).This affects their use and property values. First, when the flood elevations for the main lake were revised with FEMA in August, 2012, the base flood elevation of the main lake elevation dropped from 106.6 feet to 103.2 feet.The issue arises where the Oswego Canal empties into the main lake (highlighted in Figure 1 from current LO maps). See Figure 2 for current FEMA profiles, Location "A" is the intersection of the canal and the lake. LU 20-0005 EXHIBIT G-3/PAGE 1 OF 5 FIGURE 1 ,, --Ary , . . a • ici, 3 `- v1, Ismt-...„ dg, ►+r lticu iar iick i' mo .4 a . urLE_AAK.044., .......,_.....„, LC,' Z.r-t6, 9 I-4r -i to., i......„,,,A, rtA6 ,-./ , /•,.1,,e,.9 •,- • Kw, „.*i%,.. L.-. :.... Lake Base Flood i` •*I" - �;: `�+ SHORE • . ... p Ldid.eer Elevation; 903.2' / '- ,A' oG1fi r_=:Q�•4 - •--- NGVD'88 / oPA a _:7,..,, w �t 11 Zee , /3% r514 3 {SPnJI A 1. - ..1L1ra.t-,V,i4** .A cl.-nl .. '*il': may, ��LS IkkfL.PP ■�1F3P ' n 4J l`y1=I •� l�l Lii5{'' VIROINrA WAY ❑ p 1 4 1 64 ` las p' ra L;p1rO 1 1 - IIMI`Thrtj A 17079 17 ! 42 l,wo �1 1. ar ' is* .--,7etb A ,.'-kc , 'T' -id t tit *II T-14:1t Et it! ftiti c3'7151 / Vr4:: . ',1641.' FIGURE 2 BASK P1LY� NXTa §MR/ZS IMAM IN �QI=aPs �Y rrsxm OMB INCIIEW '''np, ix3J '7E' iYCOMI men IPse f! IIMIA79F7 IRM/' plat iskatp 11*A1 67 125 901 6.3 lOd.3 106.3 lOd.3 0.0 711 124 934 61 1066 106.6 0.0 C 1365 74 591 102 1012 1012 1012 0.0 D 1540 75 653 9.4 109.1 1091 1091 0.1 E 20-3 d7 067 9.0 1109 110.9 110.9 0.0 F 2210 64 65 91 111.3 1113 111.3 0.0 .0 2120 95 1007 7.3 112.3 112-3 112.9 0.6 H 3110 91 9'5 72 1 L2.9 1119 113.4 0.5 I 3491 90 1037 66 1133 1113 113.E 0.5 I 3977 156 134 16 115.5 115.5 115.9 0.4 1£ 40L1G 155 1354 66 116.6 1166 116.7 0.1 L 4391 92 916 71 116.1 116.1 116.9 0.1 H 4562 97 1042 67 117.4 117.4 117.6 0.2 N 4912 105 1116 6.1 1111.5 1115 119.E 03 O 5443 231 2047 3 2 119,4 119.4 130.0 0.6 P 57D7 347 as6 3 7 114.5 1195 12114 0.9 Q 5950 373 1796 10 119.7 119.7 110.3 0-1 R 642 391 1557 2.7 124.1 L20.1 120.9 0.1 5 7301 54 Sr.' 32 121.0 121.0 121,E 0.1 T 7405 94 903 3.2 121.6 124.E 122.E 1-0 L: 7747 IC 995 11 121.6 121.1 1.22.E 1.0 It' 1533 56 139 3.5 L12.5 1211 123.3 01 Sin=deaocr La fin oboe Lie 05.40 FtDEN,IkL Ekt'ERGENCY woo•oaP.Erg AGENCY FLOUDh4[AY DATA i CLACKAMAS COUNTY.OR AND INCORPORATED AREAS OSWEGO CANAL LU 20-0005 EXHIBIT G-3/PAGE 2 OF 5 At the entry to the lake, point A, you can see that the base 1%flood elevation is 106.3 feet.This 3-foot elevation difference is important. It represents 3 extra feet in depth across the 125-foot wide channel. At 6-feet per second flow rate, this location can allow an additional 2,250 cubic feet per second of flow(CFS) out of the canal. This more water can flow out of the canal and less water can back up into the canal. See Figure 3 for the red arrow pointing to the 1% flood elevation at point A(107 ft), with the green arrow pointing to the 2%flood line, which is 103-feet at the lake entry point A. Note the difference up the slope toward the bridge at Bryant Road.The elevation at Bryant for a revised map will be lower than shown on the current slope, although not as shallow as the FIGURE 3 • _. iii:e■ ::ui ri::= ■I1 r+■■r r:: ■i■_Y+ti ■w■ .. .i, ....-. UM...■.. •'- W• Wu.4wrwl I. 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F�;�:�I:■w'■�;:i�r ■lrri ■E l u-G :r'11' �1 4 ■ Imo:: ®i isi.11..13-1.1. ■ .M1111•' = •4: --- I.ROF1+po.,a ib g ■■I■ ■r■1■■■■. ■■■..Y■■ Yw■ ■ ■■■r■■■ ■wYwl ■� in:rD ■•UI■■■Y■JY■■■ ■rirw{■ rl■■I�■w ■■.r1■■ w..rM yyy■�■.■1■■■111�■■■ ■■r■wll ■ I;��■ rl■■P■w ■■■NH■ww1■fr I _ #� a.;ie � �.. gr'G:,.. �; : �$? ■" IL:: =' �. ■{I■ . �� \11' ----' "•....+ono-_a Q a. E�F••• �; — ....w..c.fw..arY '� 10 • ■ . . _ �aee- ... f <a ::: Mall i::1.` IMIMAN•Ml Il:I ie�I...' ::f M:IEY IMM:I MN 1: • ■IY■ - .V fj.In x q■■I■RI ■■1 1■■ iii ■�[}11[7 1 ■y■�■1�/,�Y3:�■1■■�1a!1 .* 111 ifiW.e r■:IIQ." 1 ' . ; o - ;;uu�K• I T - Yi 1=11 Y: M■ G a. Y•. _.. .. ili I IiI !h[�irl _ I Itiiiiiii.i 1ssn`,; `.`" " 0 1Auo 2 WO 8,i1 O 4000 1.4MW Emil!7ay0 I. O boo l oop 11 uau -— tiIMUNOWKLI cf oilcan- 56P The second big effect was the modification of the canal inlet structure.This took place after the current FEMA data was established (Figures 2 and 3). Per data available, restoration of the structure potentially reduced flow at the canal inlet channel by 300 CFS.This needs verification and should be included in a revised hydrology study. I recognize that most floodwater enters through the Rivergrove channel, but this still has an effect. Finally, the third reduction is relative to the dredging of the canal in 2010 as part of a sewer project. Available reports show that 50,000 cubic yards (over 1 million cubic feet) of material was removed between the Bryant Bridge and the Southshore Bridge.This increased the channel depth and flow capacity further. Combined, these do have a substantive effect and can reshape the flood map for over 100 properties.These citizens deserve to know whether their properties still fall in the flood plain. Not just lakefront property owners should benefit from the revised weir on the lake dam. Bad maps should not reduce the value of properties. LU 20-0005 EXHIBIT G-3/PAGE 3 OF 5 In 2015, I spoke with Rob Amsberry, the City's Flood Plain Administrator. While helpful in answering questions, he could not answer why the City had not requested an LOMR for the Canal. He agreed that during a 1%flood event, the canal won't magically drop 4-feet when it reaches the south shore bridge. But he noted that it would take a request from City Council to get their office to move forward. So, I am here today to make the City aware of a significant map error and that your own city regulations require an inquiry. I strongly encourage the city to update the flow hydrology and request a FEMA update,just as was done for the residents and businesses along the lake. In 2015, I also spoke with Seth Jelen,the hydrologist/expert who performed the 2008 and 2012 report on the Tualatin, Canal and Lake flood elevations. If Lake Corp has enough information on the dredging of the canal, it is easy for him to include the additional flow area into the calculations (a computer simulation). It may take some surveying to get the figures otherwise. Additional figures: Figure 4: During the FEMA re-mapping, the lake map at Blue Herron Canal was updated as far as the middle of Bryant Road. But the south side of Bryant was covered by the Canal Flood map. Current Map A shows that flood water will flow to the middle of Bryant Road and stop, even though the slope is downhill toward Cardinal Drive. FIGURE 4 rrxtlz .4 j___ ' ....",-. .2.6... .--"w ar431 AM" n? V iop.%9 ff 6 -_,,02 N ii,noo I P.ZG.04, mipq --r r--. 4 WiSMI 0 .41,..4.t.,i LI" 1*.tp 441,, . I ■#$.1014“.,1:, . ?:?. :if im, +r 4 1#1111:47 irp4br 44 k r fizii+::(5.' k,-60‘ -;;V g..0 ,ii. .....mii itt.,-41 flow/ ictv , is j1 4rrit11Mg Iis1 18308 ira•r 00 •1 FM. - ROY r lrlai C r �t� ■f q f ti LU 20-0005 EXHIBIT G-3/PAGE 4 OF 5 Canal Inlet before and after . — �ti r� -. f- ••. 1.. .°�..—+,�,. ,~ c I"'. -'-- 'a '.'S' _ .; Or -- . _ tor „ ... - ---. •-.4,. i,4,..; ....• II , I } '1«1-''t Vita '� -,y This work reduces overflow at the canal inlet. LU 20-0005 EXHIBIT G-3/PAGE 5 OF 5