LU 20-0005: Amendments to Community Development Code Related to the Flood Hazard Overlay

The City of Lake Oswego is proposing to amend LOC sections 50.05.0011 (Flood Management Area), 50.07.003 (Review Procedures), 50.07.004 (Additional Submission Requirements), 50.10.003 (Definitions), 42.03.025 (Street Design Standards), and adding a new section regarding flood management amendments to conform to the National Flood Management Insurance Program.

• The State of Oregon has in ORS 197.175 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 the 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.
• 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, a purpose of this ordinance is to notify potential buyers that the property is in a special flood hazard area and continuing the Flood Management Area designation and mapping, will enable the 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:

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 development, be 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 which may increase flood damage;
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas.