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ZOA94-0001 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. PPM PlatiliDiaiTS 7401/1 94-01 Amendments to floodplain .,a.., 4 and Sensitive lands ,regulations 3 �,_ r..--+.est.,i...v_.�w..++-.:X�u-4.1..Jf.x....r�+1+�F..�...:»+WWIMJ6YV..-t..M+ •t e' .., i..�c`mulinfgH•y y t • • c'"J+a4Gti. .J".....,.«..«» .»... ..-"1.z'«_..L.•... ." ..�x4;✓. .ev-.n.-..w.....V:.,w, ✓w L • } 4 41 1^',4 i N • t is i • • • W • • • • C fu . {4A \i ' - 1 I Federal Emergency. Management Agency ry ,, ,11 4 Region XFE )9 s �v-""s', ,�' 130 228th Street,Southwest Bothell,WA 98021-9796 , COMMUNII a ,,�,.Luri►icivr ; ;. February 15, 1995 ti' The Honorable John Schwartz Mayor of Tigard 13125 SW Hall Boulevard z Tigard, Oregon 97223 • a t: Dear Mayor Schwartz: ^ We have reviewed amendments adopted by the City to its floodplain management regulations '` within the Tigard Community Development Code(Section 18.84- Sensitive Lands). Required as a result of our Community Assistance Visit in March 1994,the amendments bring the regulations into compliance with the National Flood Insurance Program, and are approved, • The City still has not responded to one issue,regarding procedures for certifying as-built y-; conditions of floodplain development,that remains from our visit last March. My 2 letters following the visit, dated June 21, 1994 and August 2, 1994, identified this issue and required the a City to respond, originally by August 5, 1994 extended to August 31, 1994. The certification procedures in question are a fundamental'condition of the'City's participation in the National : Flood Insurance Program. Unless a satisfactory response is received in our office by March 15, .,, . -a 1995, FEMA Region 10 must initiate proceedings to place Tigard on probation from the programw Probation would subject flood insurance policy-holders in the City to a premium surcharge of $50. Probation is also the first step in the process to suspend community eligibility to participate , in the program. ;. 4:,,,....'..... If you have questions or need assistance, please call Katherine Bennett at(206)487-4713. '. , Y�:_ . Sincerely, , { 1 et /', Charles L. Steele, Director Mitigation Division m ` cc: Richard Bewersdorff, Community Development Department, Tigard J7/David Scott, City of Tigard Jim Kennedy, Department of Land Conservation and Development, Salem 1 -f ki !. y�'�t T , ;f° f. 4 ,' .i''Y r`i-4r. ... ,,.. 4.,I, .. r i •:.s . A, „4`} 1r . , S .r t ,4' n l .. • t• 0"-- , �, . '` February 27, 1995 : 11 ��"�*� N., 3.1t CITY OF TIGARD ---- sy . ORE _ • 14 ' : r ..., Mr. Charles L. Steele, Director Mitigation Division e Federal Emergency Management Agency, Region 130 228th Street, Southwest Bothell, WA 98021-9796 F Dear Mr. Steele: ;;. Pursuant to your request, this letter serves to document the K" procedures used to obtain and record as-built conditions of • • completed floodplain development, including elevation or ,i r floodproofing certification, and openings in enclosed areas below =' .. the lowest floor of elevated floodplain structures to allow for the , passage of floodwater. Section 18.84 .025A of the Community Development Code requires that the Building Official obtain and record actual elevations in � ,>* relation to mean sea level of the lowest floor (including basement) ,,- ,�' . of all new or substantially improved structures, and whether or not the structure contains a basement. In fulfillment of this .{ 1- requirement, Building Division staff perform routine field . inspections to verify that the building is constructed or improved {`., '` 4..` according to the approved plans. Prior to granting a Certificate of Occupancy, the owner is required to provide the necessary as- e ' 3 built elevation certification, in the form of a survey performed by ' j a licensed land surveyor. All inspection records and the subject elevation certification are maintained in the permanent file for 7 , ; r the building. _. 'II::: Section 18 .84 .025B of the Community Development Code requires thatte m �. the Building Official verify and record the actual elevation in GC " relation to mean sea level and maintain the floodproofing e. certifications required by this chapter for all new or :' substantially improved floodproofed structures. In fulfillment of ,i 4 the requirement, the inspections described previously are } performed, a survey performed by a licensed land surveyor which :. documents the as-built elevation is required, and the necessary 3. L floodproofing certifications are required prior to granting a Certificate of Occupancy. These records are also maintained in the . � i permanent building file. 't ;a 1 rb ' 4% 13125 SW Nall Blvd.,Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 k . = .r Structures which are elevated to allow for the passage of floodwater are required to be designed and certified by a registered professional engineer or architect or comply with the prescriptive requirements contained in Sections 18.84.026,M and N •: of the community Development Code. To certify that as-built `'ti conditions for these structures conform to the approved plans, the inspections described previously are performed and construction made to comply with the approved plans, prior to granting a Certificate of Occupancy. Pursuant to my conversation with Katherine Bennett of your office, .' this letter should clarify our procedures used to document as-built conditions of floodplain development and close our file. Thank you for your consideration in this matter. Please call me at 503-639-4171 if we can provide you with any, additional information or clarification ' 'a. Sincere]. , '' David Scott, P.E. Building Official c: Bill Monahan, City Administrator Richard Bewersdorff, Senior Planner EL login\david\sceele as bili h 1 :;,. . , .. _ •2222.,, , tw•. . w : . III Chapter 18.84 SENSITIVE LANDS ' t` Draft November 2, 1994 Sections: 18.84.010 Purpose . { 18.84.015 Applicability of Uses: Permitted, Prohibited, and Nonconforming i a 18.84.020 Administration and Approval Process '1,,;- ;3 r 18.84.025 Maintenance of Records 18.84.026 General Provisions for Floodplain Areas 18.84.028 General Provisions for Wetlands 18.84.030 Expiration of Approval Standards of Extension of Time 18.84.040 Approval Standards 18.84.045 Exception for Development in the 108th/113th Ravine below the 140 Feet Elevation 18.84.050 Application Submission Requirements 18.84.060 Additional Information Required and Waiver of } Requirements • :. ; 18 84.070 Site Conditions 18.84.080 The Site Plan 18.84.090 Grading Plan '' 18.84.100 Landscaping Plan 18 84.010 Purpose 1 4' i': • ,.• , A. Sensitive lands are lands potentially unsuitable for development because of their location within: e- • ycar floodplain, 4 - - = µ k a we - -.a x - t _ _ .. • e. _ ... • 1.. The 100-year floodplain; + �r • 2. Natural drainageways; 3 Wetland areas which are regulated by the other et agencies including the U. S. Army Corps of A: Engineers and the Division of State Lands, or are designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map; and W 4. Steep slopes of 25 percent or greater and unstable • 11.21 ground. B. Sensitive land areas are designated as such to protect e'; Draft - November 2, 1994 Page - 1 .�� Chapter 18.84 Sensitive Lands • • f.f. 1' t.',,:- , gal 0 -; . -- the public health, safety, and welfare of the community 4. '' = , through the regulation of these sensitive land areas. C: Sensitive land regulations contained in this chapter are . - - intended to maintain the integrity of the rivers, �; streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving `: 4:.J ire. '. scenic quality and recreationalpotenf, ala. �, D. The regulations of this chapter 'are intended to implement . '' the comprehensive plan and the - -- ---_ - - - ; .. :....s.- ,s; _ _ _ .t. .: '" _ z city1a flood plain management Program as required hyo the National Flood Insurance Program, andhelp to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise floodway elevation. - - ., .„4,-;.7% j ems, ^ z . _ ' ".:.� _.. - 1. • • +,":.• 'k - _, i - . =- - - - -' - .- iniatcr- , 1 source, applicctics. . . . - - ,. .• w -.i)t•Etre-ide •tigT_' _ t 3, - - '. A. .; .,* ...,{- - - 'A - r J....,. i'P.35Y 'C.TE'C.'a . • .++.`G--.- <,.-.•,!$-eYMnii.Tie-Z'1-- - t + - - :3: - . - _ - Git' q5,• -an a ip icrs. ¢ T mow - • - i; 1%x )raft November 2, 1994 Page - 2 C4 Chapter 18.$4 Sensitive Lands 1 ? • �e, y + r. '- L.) ,:21 a,i y$' i{x t :I N 4 �.•: i; ZF+, +:Al ;* 0 0 - ,.1..04,--,i.: t -;:, 18 84.015 ADSILISability of Usk Permitted , Prohibited, and 44,—.. Nonconformin A. Outright Permitted Uses No Permit Required t . 44., Except as provided by Subsections 18.84.015.5, D. and R., the following uses are outright permitted uses within se 1ve lan'. the . 100-year floodplain, , ;,. drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" ,._ shall exclude: children's play equipment, picnic tables, A 1:';';'' aasand 'boxes, grills, basketball hoops and similar recreational equipment. ......„:„4„ ,� 1. Accessory uses such as lawns, gardens, or play • areas,-- sept t ;s' 2 . 3 �. Far. uses conducted without locating a structure within the sensitive land area epb---lie - wet---a&; 3 . Community recreation uses - - - ,: µ excluding structures - . « - <. - . . ` ,71s 4. Public and private conservation areas for water, a {::` a ' soil, open space, forest, and wildlife resources, :44.-."?w 5 . Removal of poison oak, tansy ragwort, blackberry, or other noxious vegetation; 11,:.--,,l,„,,-,• 3 6. Maintenance of floodway excluding rechanneling, and - 7 . Fences, except in the-floodway area; 'a r k 8. Accessory structures which are less than 120 square ,i feet in size, except in the floodway area; and. —II 9. Landform alterations involving up to 10 cubic yards M of material, except in the floodway area. , CD ,, h .. } B. Administrative Sensitive Lands Permit .'' 1. erg Administrative sensitive lands permits in , 3 . , Draft ;. November 2, 1994Page 3 Chapter 18.84 Sensitive Lands ,.. . 410 , 4/1 4h J i j the 100-year floodplain, drainageway, slopes that are 28 percent or greater, and unstable ground J ' k �L r .., shall be obtained from the appropriate community _ development division for the following: A 4a. The City Engineer shall review the -,. , ll instaatiof on public support facilities � such as underground utilities and construction ii, "' of roadway improvements including sidewalks, Rh. : ,,. curbs, streetlights, and driveway aprons; ;. ' ,: : b. The City Engineer shall review minimal ground disturbance(s) or landform alterations .t involving 10 to 50 cubic yards of material, ..„_ - '9, except in the floodway area, for land that is within public easements and rights-of-way; ;, ``ac--. The Building Official shall review minimal ground disturbance(s) k .or landform '' alterations involving 10 to 50 cubic yards of material, except in the floodway area; -3,d. The Building Official shall review the ., Rrepair, reconstruction, or improvement of an „`, existing structure or utility, the cost of ', which is less than 50 percent of the market fi value of the structure prior to the `” '1. improvement or the damage requiring F.•,; zY< reconstruction provided no development occurs in the floodway; i 4e. The Building Official shall review building { permits for accessory structures which are 120 . . ° to 528 square feet in size, except in the' . ,, ,}l ',p. floodway area; and ` f ,i �\�£-; .St. The Building Official shall review s, ,* .st �.} .. applications for' paving on private property, !, r ' ','' '' \ ' except in the floodway area. ..' 2. The responsible community development division t "" shall approve, approve with conditions, or deny an �` ,.%) �, application fora development permit, as described , above in Subsection 1., based on the standards set r , �4 , forth in sections 18 .84.026, 18.84.040, and Y IC 4 18.84.045. C. Jurisdictional Wetlands ,n: ., �'+ Landform alterations or developments which are only within wetland areas that meet the jurisdsctional; ; ' r Draft - November 2, 1994 `Page - 4 Chapter 18.84 Sensitive Lands `•- € d1 x S" r : y� }fit y � i -.-1 ..„ ' - 0 8 ,. . requirements and permit criteria of the U.S. Army Corps 4 7 . . ' of Engineers, Division of State Lands, Uni ied Sewerage ' .;` e',.: Agency, and/or other federal, state, or regional agencies ° , • do not require a sensitive lands permit. The City shall . require that all necessary permits from other agencies • `• are obtained. All other' applicable City requirements ,;. - -•-'. must be satisfied, including sensitive land permits z - _ . - - - - - for areas within the 100-year floodplain, slopes •of 25 percent or greater or unstable ground, drainageways, and j?+ wetlands which are not under state or federal , . • jurisdiction. me-TJ-e - D. Sensitive Lands Permits Issued by the Director x;- s{ 1. The Director shall have the authority to issue a .T sensitive lands permit in the following areas: a. Drainageways; e , b. Slopes that are 25 percent or greater or ,� unstable ground; and 4 •*, �T;,:.4 c. Wetland areas which are not regulated by other local, state, or federal agencies and are• designated as significant " wetlands on the ' Comprehensive Plan Floodplain and Wetland Map. • 2 Sensitive lands permits shall be required for the ' ,:- .a'y areas in GubseCtion D. 1. above when any of the - w following circumstances apply: .2. a. Ground disturbance(s) or landform alterations °; involving more than 50 cubic yards of s material; :. ," b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of il which equals or exceeds 50 percent of the A market value of the structure prior to the improvement er the damage requiring , ss ; reconstruction; c. Residential and non-residential structures �-,. 4. Draft - November 2, 1994 Page - 5 : }:' Chapter 18.84 Sensitive Lands J` a .. intended for human habitation; and d. Accessory _structures which are, greater than 528 square feet in size. E. Sensitive Lands Permits Issued by the Hearings Officer 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 10.0-year floodplain. A• 2. Sensitive lands permits shall be required in the 100-year floodplain when any of the following circumstances apply: a. Ground disturbance(a) or landform, alterations . in all floodway areas; r1 b. Ground disturbances) or landform alterations t r iso a cr floodplain floodway fringe locations involving more than 50 cubic yards of e7. „ material; • Y c. Repair, reconstruction, or improvement of an existing structure or utility, the coat of which equals or exceeds 50 percent of the market value of the . structure Prior to the 4 4+' 1 �i.8�d. `L 88p'y improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures which are greater than 528 square feet in site, outside of floodway areas. ix F. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive ,7• ;; . ' land areas. FG. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would s00 be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of .� Chapter 18.132. (Ord. 90-29; Ord. 89-06; Ord. 87-66; ca Ord. 87-32; Ord. 84-36; Ord. 83-52) ;.' Draft - November 2, 1994 Page - 6 Chapter 18.84 Sensitive Lands r: '''* : •• 0 : ., 7. a,, _ 18.84.020 Administration and Ap.proval process A. The applicant for a sensitive lands permit shall be the i,7,*"` .. recorded owner of the property or an agent authorized in , ', ,' . , * writing by the owner r . ' B. A preapplication conference with City staff is required.. , ` (See Section 18.32.040. ) If uncertainty exists in : : regards to the location or configuration of tland : ',' areas, staff shall make an on-site inspection prior to an application being initiated to determine the nature and - t _' extent of the resource. If necessary, assistance from , - ' ' state and federal agencies shall be sought to provide the ,',.. applicant additional information. C. D-ie to possible changes in state statutes, or regional or local policy, information given by staff to the applicant v during the ` preapplication conference is valid for not more than six months: h 1. Another preapplication conference is required if ` ` any variance application is submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application, D. The appropriate community development division shall d approve, approve with conditions, or deny an application ' for an administrative sensitive lands permit within the �. t :. 100-year floodplain, drainageways, slopes that are 25 " 'A, percent or greater, and unstable ground as set forth in Subsection 18.84.015• B. E. The Director shall approve, approve with conditions, or deny an application for a sensitive lands permit as set 4' r•: ' forth in Section 18.84.015.D. The decision made by the , 1 ' ';,z i.' ` Director may be appealed to the QemmleeIeft Hearings , Officer as provided by Subsection 18.32.310.A. {' ` SF.: The Hearings Officer shall approve, approve with conditions, or deny an application for a sensitive lands permit within the 100-year floodplain as set forth in ` Subsection 18.84.015 E. The Hearings Officer's decision En R: may be reviewed by the Council as provided by Subsection , e{�i@ ' 18.32.310.B. F. The appropriate approval authority shall review all j. sensitive lands permit applications to determine that all } , Draft e November 2, 1994 Page - 7 Az ' Chapter 18.84 Sensitive Lands z z .. . .t,':,1. + - • i. #•k. x is x y '��4 4,. . 4. ,...: "' n • ' +R tr. a w necessary permits shall be obtained from those federal, , s.. state, or local.governmental agencies from which prior ,-: ..'` approval is also required.:: j t G. The Director shall notify communities adJacent to the , affected area and the State Department ofLand 4, Conservation and Development prior to any alteration or .'. relocation of a watercourse, and submit evidence of such ; : ;' notification to the Federal. Insurance Administration H. The Director shall require that maintenance is provided within the altered eed or relocated portion of =a `' watercourse so that the flood-carryingcapacity is not ....;. -, diminished. 1. The 4 - , _ , :-.•,- - appropriate approval authority shall apply the standards set forth in Sections 18.84.026, 18.84.040, and 18°84.045 when ' ' reviewing an application for a sensitive lands permit. a. The appropriate approval authority shall require that the • elevations and floodproofing certification required in. Section 18.94.025 be provided prior to occupancy or final }„ * approval of all new or substantially improved structures. `. 4K. The Director shall give notice of applications to be ' heard by the Hearings Officer' as provided, 'by Section <'{:. 18.32.130. '_ *L. The Director shall mail notice of a sensitive lands :. °' application decisions in Subsections 18.84.015 D. and B. `k . to the persons entitled to notice under Section 18.32.120. (Ord. 90-29, Ord. 89-06; Ord. 87-66; Ord. 87- 9 r 32, Ord. 83-52) i } 18 .84025 Maintenance of Records , ' A. Where base flood elevation data is provided through the .:. ' ,�I,'' r . Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea ,,"*.'. s. . level) of the lowest floor (including basement) of ail new or substantially improved structures, and whether or co not the structure contains a basemeht. ., B. For all new or substantially improved floodproofed ' <, structures, the Building Official shall: ,,:: 1. Verify and record the actual elevation (in relation . to mean sea level) ; and ' Draft - November 2, 1994 Page 8 a ;' Chapter 18.84 Sensitive Lands \., } . { x >° 2 . Maintain the floodproofing certifications required Au. ,P - :. .:, in this chapter. C. . - - a Visaseter.rr t The Director shalle ;_ a -maintain for public inspection all other records • pertaining to the provisions in this chapter. a r` a , (Ord. 89-06; Ord. 87-66 Ord. 87-32 j Ord. 83.-52) _ -g- .' . - .X8.84.026 General Provisions for 'Flood•lain Areas ; A. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. }=,1; B. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and ''- -. engineering report entitled "The Flood Insurance study of the City of Tigard, " dated September 1, 1981, with - accompanying Flood Insurance Naps (updated February 1984) is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. C. When base flood elevation data has not been provided in . accordance with Subsection 18.84.026. B., the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a { ;: federal, state or other source, in order to administer , Subsections 18.84.026.M and N) . A . D. Where elevation data is not available either through the 4,..e, ; Flood Insurance Study ,or from another authoritative source, applications for building permits ;tahall be reviewed to assure that proposed construction will be ./,' -, reasonably safe froi flooding. The test of rti.: reasonableness is a local judgment and includes use of C. � ......:, historical data, high coater marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas V`: E� may result in higher in€iurance rates. s City', .oto+ commiooieiis y . _ .• _ a'. 1. F. All new construction and substantial improvements, including' homes,manufactured shall be constructed with .: z Draft - November 2, 1994 Page - 9 x« Chapter 18.84 Sensitive Lands 4: t - ...+J i.Ayy„ .i^. � ^[•, a. -:, d 4 r.. # �'` . »+ ... . �"1 . . ..t ..^itlt K..t... • �.xs .. Y ..� i... .. . , '...,..,.,,:: I I.. • 0 materials and -.' -:e utility equipment resistant to flood damage. " , :; ; . All new construction and substantial in mprovements shall��'' ") be constructed using methods and practices that minimize flood damage. X .>y i. . ski. Electrical, heating, ventilation, plumbing, and air- ... conditioning equipment and other service facilities shall ,.: ;''" be designed and/or otherwise elevated or located so as to '' prevent water from entering or accumulating within the . components during conditions of flooding. a 1., k sl. All new and replacement water supply systems shall be ' designed to minimize or eliminate infiltration of floodwaters into the system in accordancc with t . -* IS .w . F4..4=• ..y. : r I . All new construction, all manufactured homes and substantial improvements shall be anchored to prevent ... ..: flotation., collapse, or lateral movement of the ,,." structure. fl A, . QR. New and replacement sanitary sewerage systems shall be "' = designed to minimize oreliminate infiltration of floodwaters into the systems and discharge from the ' systems into floodwaters. az.. On-site water disposal systems shall be located to avoid _ �; impairment to them or contamination from them during :,: flooding. , . Residential Construction � r 1. New construction and substantial improvement of any residential structure, t r ``ba including �: manufactured homes, shall have the lowest floor, `' including the basement, elevated at least one foot ? above. base flood elevation, and # . 2. Fully enclosed areas below the lowest floor that a. are subject to flooding are prohibited, or shall be. ,y: designed •to automatically equalize hydrostatic 0 ;, flood forces on exterior walls by allowing for the ` entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a Si4 registered professional engineer or architect, or must meet or exceed the following minimum criteria: o W ix • "a a. A minimum of two openings having a total net -: area of not less than' one square inch for t F ': Draft - November 2, 1994 Page 10 ‘;'.4121 ., � Chapter 18.84 sensitive Lands '` fi / • * ..i 1i j• , , . .n.' . • • ,,,,,,,,,. , . .. ,.... . . ,' every square foot of enclosed area subject to ' '- flooding shall be provided; 4; . ` i'; b. The bottom of all openings shall be no higher s Js. than one foot above grade; and . • c. Openings may be equipped with screens, } louvers, or other coverings or devices, - provided that they permit the automatic entry and exit of ,flood waters. ` ; 3. Manufactured. homes shall be securely anchored to an adequately anchored ,permanent foundation system. r f use Anchoring of methooverds may include, but are not limited -top or frame ties to ground anchors. '� �' Iv'. Nonresidential Construction '"„7"; 4.4r New construction and substantial improvement of any .} commercial, industrial,, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the ' base flood elevation, or together with attendant {N. _ utility and sanitary facilities, shall; .Z. Be floodproofed so that below the base flood level the structure is watertight with walls 14' substantially impermeable to the passage of waters :114'e,-. e- ......':., 2. Have structural components capable of - }; resisting hydrostatic and hydrodynamic loads y' : A and effects of buoyancy; , 3. Be certified by a registered professional ` engineer or architect that the design and. t 4 methods of construction are in accordance with * 15. accepted standards of practice for_ meeting ;., provisions of this subsection based on their development and/or review of the structural a. design, specifications and plans. Such ` certifications shall be provided to the `s - Building Official as set forth in Subsection 18.84.025.B; and 4. m 4. Nonresidential structures that are elevated, '` not floodproofed, must meet the same standards :- for space below the lowest floor as described in 18.84.026.1.2. Applicants f loodproofi.ng nonresidential buildings shall be notified Draft - November 2, 1994 Page - 1/ ,.., Chapter 18.84 Sensitive Lands J .YLk*- t e that flood insurance premiums will be based on ; rates that are one foot below the floodproofed level (e.g. , a building constructed to the base flood level will be rated as one foot }: ; below that level) . (Ord. 94-05; Ord. 89-06; • Ord. 87-66 Ord: 87-32) • ,' s O. Subdivisions and partitions in the 100-year floodplain • shall meet the following criteria: .. 1. The design shall minimize, the potential for flood damage d �^ 2. public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; ,,_• 3 Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood °;. elevation data is not available from FEMA or another authoritative source, the applicant shall , generate base flood elevation data to be reviewed • as part of the application. 18 .84.028 General Provisions for Wetlands A. Wetland regulations apply to those areas meeting the definition of wetland in Chapter 18.26 of the Community Development Code, areas meeting Division of State Lands wetland criteria and to land adjacent to and within 25 ' n 'x, feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in • "Wetland Inventory and Assessment for the City of Tigard, Oregon, " Scientific Resources Incorporated, 1990. • B. Precise boundaries may vary from those shown on wetland A; - maps; specific delineation of wetland boundaries may be ®, necessary. Wetland delineation will be done by qualified d W professionals at the applicant's expense. (Ord. 90-29) es) ' 18.84.030 Expiration of Approval: Standards for Extension of Time A. Approval of a sensitive lands permit shall be void if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or Draft November 2, 1994 Page - 12 • 5 ,• Chapter 18.84 Sensitive Lands it t .c :.�� .. •�!• s, t .. � 9-. . s e. } .`..} t 1,.sN u r ..`i: :.'-'-is,:.,.' 111111 8 ,:,-: � 2. Construction on the' site is a departure from the i:1 approved plan. ' ' B. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of ' the approval period not to exceed one year, provided • that: 1. No changes are made on the original plan as approved by the approval authority; , 2. The applicant can show intent of initiating 4';< construction of the site• within the one year 4` P: extension period and 3. There have been no changes to the applicable ' Comprehensive Plan policies and ordinance provisions on which the approval was based. # :_ C. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310.A. 14 (Ord. 90-41; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83 }.; 52) 18.84.040 Approval Standards 4"q A. The appropriate approval authority .'e �.n .f . . shall ,:: ,, approve or approve with conditions an application request ': y, within the 100-year floodplain in Subsections 18.84.015 •'• ," B. and E. based upon findings that all of the following r criteria have been satisfied: 1. Land form alterations shall preserve or enhance the 4 floodplain storage function and maintenance of the r zero-foot rise floodway shall not result in any encroachments, including fill, hew construction, ,), { eubstaintial .improvements, and other development . certified r- rtiif-ied by a registered professional engineer; "7'"-44\-0.Am tR sr+-tiv"... 1`G"'6 i N 8 4^' Y^t•.,* T ".. G^r ` -Cro,"B^ • . 0,,-...., ✓''` , '{, '; 2 . Land form alterations or developments within the M 100-year floodplain shall be allowed only in areas . , designated as commercial or industrial on the ' comprehensive plan land use map, except that „` co alterations or developments associated with 0 community recreation uses, utilities, or public US ; support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable , Draft - November 2, 1994 Page 13 -' Chapter 18.84 Sensitive Lands 11 --,.„.. 6,,,,,_ ,` 1. -' n. , •,F zoning standards; 3. Where, a: land form alteration or development is permited to occur within the floodplain it will not result in any increase in the water surface :�< mow; elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance k .:. with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S, Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and ` 7 . Where land form alterations .and/or development are '' allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan.. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle "> pathway plan. - = B. The appropriate approval authority shall approve or approve with conditions an application request for a s sensitive lands permit on slopes of 25 percent or greater or unstable ground in Subsections 18.84.025 B. and D. based upon findings that all of ';the following criteria 4 = have been 'satisfied: ,u' 1. The extent and nature of the proposed land form alteration or development will not create site EL r disturbances to an extent greater than that requited for the use; 2. The proposed land form alteration or development J will not result in erosion, stream sedimentation, \_: awn m ground instability, or other adverse on-site and off-site effects or hazards to life or property; ELI 3 . The structures are appropriately sited and designed _ ". to ensure structural stability and proper drainage , • Draft - November 2, 1994 Page - 14 Chapter 18.84 Sensitive Lands .4: :iR. r + . t "•"'.. of foundation and crawl space areas for development ' � with any of the following soil conditions: wet/high water table; high shrink-swell capability; 4: �,,, and and shallow depth-to-bedrock; j . , ; 4 Where natural vegetation has been removed due to } lard form alteration or development, the areas not covered"by structures or impervious surfaced, will _ be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening: • r' r' C. The appropriate approval authority ee shall approve k , or approve with conditions an application request for a ' d sensitive lands permit within drainageways in Subsections 18.54 .015 B. and D. based upon findings that all of the . following criteria have been satisfied: ,; a ; 1. The extent and nature of the proposed land form 4` ,, alteration or development will not create site :;',, : disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development ' "; will not result in erosion, stream sedimentation, '" �' ground instability, or other adverse on-site and t.. .4off-site off-site effects 'or hazards to life or property . 3 . The water flow capacity of the drainageway is not n decreased; � ' c-, 4. Where natural vegetation has been removed due to. land form alteration or development, the areas not 4, '''',::1411,' covered by structures or impervious surfaces will - be replanted to prevent erosion in accordance with t` Chapter 18.100, Landscaping and Screening; 4 &" 5. The drainageway will be replaced by a public + facility of adequate size to accommodate maximum ,'.' ^"{ ' flow in accordance with the adopted 1981 Master 4. Drainage Plan. - . ' w 6. The necessary U.S. Army Corps of Engineers and -, �i State of Oregon Land Board, Division of State Lands approvals shall be obtained. - 7 . Where landform alterations and/or development are ` t - allowed within and adjacent to the : 100-year • WI 7 floodplain, the City shall require the dedication 4r of sufficient open land area within and adjacent- to the floodplain in accordance with the Comprehensive 4' Draft - November 2, 1994 Page - 15 Chapter 18.84 Sensitive Lands , + y Gr it '1. .:1'";,..i.**" ; i 1 • i ... .. I « .:. ,,s s yi+ e . .ce+rx ' ' # z t+ t a ''•:• b '' '', '''', ::::%. a1 :3 ,? : > y. ,. ,*- 0 S ).:11„ , ,- Flan. This area shall include . portions of a suitable elevation for the construction of a" i'" pedestrianlbicycle pathway within the floodplain in 4 . accordance with the adopted pedestrian bicycle pathway plan. (Ord. 90-29; Ord. 90-22;Ord. 89-06; Ord. 87-66; Ord. 87.32; Ord 86-08; ©rd. 84-29; ?4 ~ ord. 83-52) � � Y ,i" D. The Director shall approve or approve with condit$%ons an r �, application request for a sensitive lands permit within r., ri.' wetlands in Subsection 18.84.015 De based upon findings ` ' .{ .a that all of the following criteria have been satisfied; r, ' - 1. The '."7: 1` proposed landform alteration or development is neither on wetland in an area designated as :., significant: wetland on the Comprehensive Plan '. Floodplain and Wetland Map nor is within 25 feet of : such a wetland; ,' f..' � . 2. The extent and nature ofY' the proposed landform alteration or development will not create site disturbances to an extentgreater than the minimum {Y,.. j h, i *h required for the use; s.'4,.. 3> Any encroachment or change in on-site oz off-site drainage which would adversely impact wetland „;” characteristics have been mitigated; 4. Where natural vegetation has been removed due to ':,'.1-,-','Y. landform alteration or development, erosion control •''= , provisions of the Surface Water Management program . = .. ' * of Washington County must be met and areas not ' } ", covered by structures or impervious surfaces will -:„,",22:*-, : be replanted in like or similar species in •=' , k< accordance with Chapter - 18.100, Landscaping and r': Screening; Au 5. All, other sensitive lands requirements of this ',,;,,,, 4-- chapter have been met; 6. The provisions of Chapter 18.150, Tree Removal, '" ca. shall be met. i..Q. ne V) 7. Physical Limitations and Natural Hazards, ,-,--,..-, Floodplains and Wetlands, Natural Areas, and Parks, '} Recreation and Open Space policies of the . Comprehensive Plan have been satisfied. (Ord. 90- € 29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) t., Draft - November 2, 1994 Page - 16 - '= .:.;..1'''' Chapter 18.84 Sensitive Lands i %,'*,~`:� , . ; �.li�S, .�. 4C,�L t•'�4 ♦h L 4" i �S + i L q Y , J.• �is ,"y d' y*' ' 4{. `�, Alk ..,, Ily 18.84.045 Exception for Develooment of the 108th 113th Ravine .. .. below the 140 Feet Elevation , ' ?...-.. , A- Under the sensitive lands permit process, the appropriate approval authority E) 'e.et*w„ as set forth in Subsections 18.84.015 Es. and D. may allow portions of the ravine at ' ...„. ::... 108th and 113th, designated as a significant wetlands - area, to develop provided that all of the following criteria are met: .1 1. All of the land (within the ravine) being ,..-..- :.. : considered for development islessthan 25 percent = ' - -.. .. , slope; % - ; - ' • ,.. 2 . There are no unstable soil conditions on the land . .... being considered for development; and . ,., . ... .,1c - - 3. . Applicable provisions of ,Jection 18.84.040, Sensitive Lands Approval Criteria shall be met. (Ord 90-29; Ord.. 89-06; Ord. 87-6.6; Ord. 87-32; Ord. 83-52) . ,.. 18.84.050 Application Submission Requirements ..„.-..% * $ , A. All applications for uses and activities identified in : , ... ) Subsections 18.84.015 B. through E. shall be made on • :- , forms provided by the Director and shall be accompanied .aq-. .-.- by: - „ . .- 1. Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, (number to be determined at the preapplication conference) and: 4 i , . ,.• ,.;;..,. t a. The scale for the site plan(s) shall be a . . standard engineering scale; and . .•e-.' Z. ^ b. All drawings or structure elevations or floor plans shall be a standard architectural scale, * . being 1/4 inch by 1/8 inch to the foot; ' m 4 „ .... : 2 . A list of the names and addresses of all persons 1 .: IZ ' who are property owners of record within 250 feet .,.. 61 of the site; and , .... 3 . The required fee. -1 , B. The required information may be combined on one map. * g on ' C. The site plan(s) , data and narrative shall include the - ,... ,- Draft - November 2, 1994 Page - 17 Chapter 18.84 Sensitive Lands . = -.-4,- -,--ti -1.1'-','.:'....:`• , ''''' , ,,', ..,",.,,:.'7'.4.;:: , ',-,.t","„!.t 7 I.:4P : }'*.s.1.‘,.-1,..2';'..' ,..„..,4*....','7I:....;- :....'`:--::"',,: . '.1,•'' %': %* . ''• '..4. . ".,:;' ' '-13'.. ''':.' 1 ' .' '',- ' '' '- *.'' . "''1 following: ,, ' 1.. An existing site conditions analysis, Section x;, %, 18.84.070; 2. A site plan, Section 18.84.080; , 3 . A grading plan, Section 18.84.090; and '+= F , s 4. A landscaping plan, Section 18.84.100. (Ord. 90- 29; -Ord: 89-06; Ord. 87-66 Ord. 87-32; Ord. 83-52) '`` 18.84.060 Additional Information Reacaired and Waiver of lgyirements ' A. The Director may require information in addition to that required by this chapter in accordance with Subsection ' ' 18 32.'080 A a B. The Director may waive a specific requirement for ` information in accordance with.- Subsections 18.32.080;B and C. (Ord. 89-06; Ord. 87-66 Ord. 87-32; Ord. 83-52) � - 18.84._070 Site Conditions A. The site analysis drawings shall include: 4. ' ;, 1. A vicinity map showing streets and access points, { i pedestrian and bicycle pathways, and utility s locations; r. 2. The site size and its dimensions; 3 . Contour lines at two--foot intervals for grades zero •` . ,, to ten percent and five-foot intervals for grades ' ,T{: over ten percent; k . �.. _;' .; 4. The' location of drainage patterns and drainage courses; M 5. The: location of natural hazard areas including: ' ea a. Floodplains areas (100-year floodplain and ' flaodway) .t son t: b. Slopes in excess of 25 percent; t� C. Unstable ground (areas subject to slumping, ' earth slides or movement); a. DraftNovember 2, 1994 Page 18 {, Chap�:et: 18.84 Sensitive Lands y a + t... + a+ •S ." ','„ ' 1,../.. ',-:.,,,' � * Y :1:-.': '''''". ...-.:1" ::;-:' '''-'''. . . . r. .... a ;1. x ,a 1 LI •, 0 0 P d. Areas having a high seasonal water table ' within 24 inches of the surface for three or .' more weeks of the year; e. Areas having a severe soil erosion potential, x ;"i or as defined by the Soil Conservation "'` -,'; Service; and ' r f. Areas having severe` weak foundation soils , :> �Y 6, The location of resource areas as shown on the, r comprehensive plan inventory map and as required:in 4 Section 18.84 035 including: << to a. Wildlife habitat; and 5 b. Wetlands; 7. The location of site features including: T' a. Rock outcroppings, and b. Trees with six inches caliper or greater- measured four feet from ground level; , • ,,'• ' 8. The location of existing structures on the site and 1 ' proposed use of those structures. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 4 .,'. 18.84,080 The Site Plan ;a A. The proposed site development plan shall be at the same . , scale as the site analysis plan and shall include the `„: following information: • v ti r ' : 1, The proposed site and surrounding properties; ,.• 1;'. • } 2 . Contour line intervals (see Section 18.84.070.A.5) : t ;k • . 3 . The location, dimensions, and names of all; a. Existing and platted streets and other public . W ways and easements on the site and on adjoining properties; and b. Proposed streets or other public ways and 4 - easements on the site; z:: w 4. The location and dimension of: I• Draft - November 2, 1994 Page 19 Chapter 18.84 sensitive Lands , , a t r ''''''''J''''2"': 119 a, Entrances and exits on the site, b. Parking and traffic circulation areas; 4. c. Loading and services«areas; d. Pedestrian and bicycle facilities, e. Outdoor common areas; and f Utilities; 5. The loLatlon, dimensions, and setback distances of all a. Existing structures, improvements, and . °' utilities which are located on adjacent property within 25 feet of thesite and are permanent in natures and b. Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; { 7. The concept locations of proposed utility Eines; and ,,,. 8. The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.090 Grading' Plan A. The site plan shall include a grading plan which contains the following information: = 1,. Requirements in Sections 18.8.4.070 and 18.64.080; 2 . The identification and location of the benchmark and corresponding datum; 0 ig 3 . Location and extent to which grading will take place indicating contour lines, , sloperatios, and 4, slope stabilization proposals; and 4. A statement from a registered engineer supported by fl factual data substantiating: a. The validity of the slope stabilization Draft - November 2, 1994 Page - 20 Chapter 18.84 Sensitive Lands is K ',''''..:" ' 0 0 . ., et+ f lk st proposals; i .°' • b, That other off-site impacts will not be • created; c Stream flow calculations, d. Cut and fill calculations, and ,---:','% e. Channelization measures proposed. (Ore. 89- . V 06; Ord. 87-66. Ord. 87-32; Ord. 83-52) : .;"1 18.84:106 Landspe Plan ., } A. The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate. r 1. Location and height of fences, buffers, and f-- '::'.- screenings :-.-.•, 2 , Location of terraces, decks, shelters, play areas, -1. At 4; and common open spaces where applicable; and k` 3 . Location, type, and size of existing and proposed ,' plant materials. „., B. The landscape plan shall include a narrative which t}`° .. . 0 addresses: ,i 0� 14 1. Soil conditions; and `' • 2. Erosion control measures that will be used. (Ord. '` 89-06; Ord. 8.7-66; Ord. 87-32, Ord, 83-52) ,-. ° _: kl.HC�ACT.doc (DOS} >'` TCDCSL.14 11. De • r k . CO Draft - November 2, 1994 Page 21.' ,.,f` Chapter 18.84 Sensitive Lands =' y 1N .:. M im:` Y i A y - ‘,w Y =, ,. a =`. , .....A .t,,, ...,.....,. . . --. : EIVED PLANNING ;` .-. :, , ,. : . ,. ..-- r,,,,- ,,-: NOV041994 . a . McKeever/Monis Inc. °r • 722 S.W.Second Avenue Suite 400 Portland,Oregon 97204 '-' fax 503 228-7365 .y.` 503 228-7352' • MEMORANDUM To: Dick Bewersdorff,Senior Planner FROM: Keith Lidera 400,0°' :-.. RE: Draft Revisions-Chapter 18.84 sensitive Lands .,. DATE November 2, 1994 I have talked with Katherine Bennett from FEMA regarding the September 30th draft of the '' sensitive lands amendments. These amendments have been incorporated into the latest draft which .. is attached. x s There are three types of amendments presented in the attached drat. 4 1. Amendments required by FEMA in the June 21st letter from the agency. • i. C-, 2. Editorial changes related to city staff comments on the September 30th draft. `:_ 3 3. Additional comments received from Katherine Bennett in our phone conversation on October 31st, The language to be deleted is shown in d = th-a-stii hreugh and the new text is shown in-hold. For the new amendments in item 3. above,italic type is also added. '4 a°' ` r Please review this draft. If it looks okay,I will send a copy to Katherine Bennett and forward a n� computer disk to you to conclude the project. 'x*. 11.HDlACY.cam y. ,. SLICDC memo 144c 11/2194 • i '3 1 qPlanning Design ;: } Public Involvement ...";i:'4...'''• Project Management . Chapter 18.84 ' SENSITIVE LANDS ba Draft August 29, 1994 Sections: * a' ' 18.84.010 Purpose i:. 18.84.015 Applicability of Uses: Permitted, Prohibited, and . Nonconforming ` 18.84,020 Administration and Approval Process .4 18.84.025 Maintenance of Records aa ' '' 18 84.026 General Provisions for Floodplain Areas 18 84.028 General Provisions for Wetlands .: 18.84.030 Expiration of Approval: Standards of Extension of Time s ` 18.84.040 Approval Standards . 18.84.045 Exception for Development in the 108th/113th Ravine --.-:,;: j; below the 140 Feet Elevation . :, 18.84.050 Application Submission Requirements 18.84.060 Additional Information Required and Waiver of Requirements '.; 18.84.070 Site Conditions s a` 18.84.080 The Site Plan _ ' 18.84.090 Grading Plan Y . . ` 18.84.100 Landscaping Plan ' 18.84.01Q Purpose �� r,' A. Sensitive lands are lands potentially unsuitable for' i, development because of their location within: tale 100 ha•. "': 1. The 100-year floodplain; 0. .M 2. Natural drainageways x * 04 :: 3. Wetland areas which are regulated by the other cs . agencies including the U. S. Army Corps of ,, Engineers and the Division of State Lands, or are designated as significant wetland on the ,., OD Comprehensive Plan Floodplain and Wetland nap; and k w 4. Steep slopes of 25 percent or greater and unstable ground. 4 B. Sensitive land areas are designated as such to protect . ;: Draft August 29, 1994 Page 1 ''' Chapter 18.84 Sensitive Lands ''''„--',1:7-.4; <, -,, '-', - • , -- --,,,- • . . - , - . , , , __________ ... . . . „. -.-.., ..:.... 0 ID ..:..- ..... .:..,.. 0 ..-:.4? . , .. .... . .-. . : . %.'-..... , ...,: . the public health, safety, and welfare of the community through the regulation of these sensitive land areas. C. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, .,., .. promoting bank stability, maintaining and enhancing water ;....- .: quality, and fish and wildlife habitats, and preserving ,*: .....‘ scenic quality and recreational potentials.. . . - D. The regulations of this chapter are intended to implement the comprehensive plan and the Federal Emergency Management Agency's flood insurance program, and help to , preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise ....; - -, floodway elevation. . - ,' „ ..4,'.'...., .: • -. „,,,..-„. " ,. - . - - .,:,,, .. .,.,... -_. 9 ,....-, , . ,,, " ' --by--t--he F-seler-a-1-----Itnsewemee—ilsentri-s? t -- '... t " : - t•- - - • - - . * • -•-„,..r-. . . *--- .- . . . * - ' . .. * -. * . . .. ... --*. ..;,.... - • : * t ,:,„.. ......‘. *., . . : ' ' 4 44". '4•4 -.4t4' -4 4 .1' 4- - 4 - - 44' 4 : - Vred to be . .-.., . ,.. a part of this chapter. This Flood Insurance Etudy is on ". .: , )-- - *it - -• , . „ . .. .. . , . . . . ly basc rgOill, .7.4,Z - - - - - Z.:::. :... Z ., 'lla..-...aligaila4,4494.124591 •.' .ri” -federal, state or other source, in erder—t-&-admin-ilater ' . '-' ..... - ,- • .7.. . :: ‘, :. ,. „ .1 .. . . .... .. . . ,, ,•'.'•:.*- .-•.';'-".",1 --,,•'.2.; Facted * 2 . . - .,,, , , . , - - ,„ .--,, . a.trive , . ,... - - .. „,,,,, " -- ...., ,, --• -.. . ..-.. ,,.., „, --.,,,,•.-.., •revietwed----t-e--aetimee----thaape 4 4.•4 - - .4.-:.,•. -- . . -,. . . : . - . - . " -Lt. test cf - ,A .... e-, . . - ,,,- ., photographs of past - . m 4 - , ' (40 .., : • . . ,..,. 4.. : . ,14 ..;.. :,, Z - ;17 .1C - - . - -= ',- ; 4 --- the--14-gtxte l'... ...i . -- - - z: ; lea---part--ekg-the, •,-1. _ -„, -" • _ . . . . .... - LU . , ! I. ,.. ..' latia-1--1-emelii z. - . ; • , z.,,..-. - : 3: r. - .1-- * z Draft - August 29, 1994 Page - 2 ".,.., ' '-•*:: Chapter 18.84 Sensitive Lands . •.-,:,,,..'7 , :---t!''%-: ..--...'- ' :-.7:7-%:..-.-- ''-',1.;, 4' , :.;.•.',..-.. *-%: ''.'.-.'•"^-1,-- ',. '-' ',''''''-': t :-.".-- '-' :'1,;"--:' ,;*.-.;','": ',"';''' -.. .2.: 'il:-.i4-:-2 -: ::::' ..... . ,, .'.' ': • '.'' 0 • . ...i,„..4::., : ..... .. ,-,,:„., -.„4-. .. . . .. _ . . .... 4 .. ... . . : z:sketball hoops arid similar rccraational equipmont. (Ord,-9-0---2•138-9,--0.61- ,., .--• ' :', , . . 18.84.015 of Uses i.: Prohibited, and Nonconforming , .•. - A. Except as provided by Subsection 18.84.015.B, the -: -0.:'••,. -._. following uses are outright permitted uses within - ,. , eeng-i-Vive----arand-----a•reao the 100-year floodplain, , ) .,._ . : ,111, drainageways, slopes that are 25 percent or greate . = . .• *-' / unstable ground when the use does not involv- paving. .,. : ,.." For the purposes of this chapter, the word ust , shall exclude: children's play equipment, picnic tables, : -, - , sand boxes, grills, basketball hoops and similar recreational equipment. ,-- , 4..,.,..--i...., 1. Accessory uses such as lawns, gardens, or play , ..,,. areas - ,.F. r. - - 4 z ..- 4-* ....- ik ''', ''1.::.: c-Artr.v.4 .d...3e,,v4-0, 0 S t.c.• Pr.- , - ....„,„,_ — •• 2. 1 Agricultur uses conducted without locating a ' structure within the sensitive land area7-emeept-im ifelallitele; - ..9.,,..... ,, -.. , 2a.... j...... ,,,,,Irs.cf...,flp-.04 :' 4-t_s_c,..A.00,,,...4- ;,,• ••„,,,i .....,.•' '- ; -,-'.. ,-- '- • • 0).-aw.,-, ., 3 . Community recreation uses . .. - ; : : . - - - . ..; , i.,. - -., - . . : ,-..- : -.,, -,.. - - - .... ,.. ..., „ ,... , • ..,,,.. %-,. excluding structures - .- - i, .,.. = : = 4-...) 0 Va) .,a — N o m or.- pd.-14,0,i s .,— ,....p IK,..5...,p,,y..., . . . 4 i , , •., 4. Public and private conservation areas for water, , ,•• :*4.1. ..x soil, open space, forest, and wildlife resources; 5. Removal of poison oak, tansy ragwort, blackberry, LA ‘.,' .4,:- or other noxious vegetation; '- -. .. 6. Maintenance of floodway excluding rechanneling; end ' 7 . Fences, except in the floodway area; - 8. Accessory structures which are less than 120 square &......, )s-this-clik feet in size, except in the floodway area; and jj .4.....-.1-y 4. i --,-. - , 9. Landform alterations involving up to 10 cubic yards iit c° . of material, except in the floodway area. (-A.?) 4 itrci\A* pere-,14/14 6t.i4,-, y, B. Separate pe.rmitsrin the 100-year floodplain, drainageway, di 1 ,,..,• - slopes that are 25 percent or greater, and unstably..... m.4, t, '• v)''''' tzl\ kt, ' ground shall be obtained from the appropriate community .a.'4" 1. 4. ."i 1 ‘ ra-:". 09 v development division for the following: .., , 1. Installation of public support facilities such as .r c. . V6" \ v- . n i e .'.•,.. . ro4z 104Ae-1 • . , :s , '' Draft - August 29, 1994 d c ," ° , Page - 3.,-3 , }..• Chapter 18.84 Sensitive Lands 4.1.2,04e 7 4 .‘„.„k• ';•\'^: ift 1 , . f " te ' CS104 / 7, - - • - ...f. '-....' . * . . -,•',. ; ‘-', 0 ..' ' '-:, 0 , underground utilities and construction of roadway ; :;. improvements including sidewalks, curbs, streetlights, and driveway aprons; 2. Minimal ground disturbance(s) but no or landform i. , alterations involving 10 to( (5.0; 'cubic yards *f-...?-.'', __, . .., i 07.1 �`'f material, except in the f loodway area; war, f130.0•P.A 4 , :. 3 ,....... ,...,„.... , . . Repair, reconstruction, or improvement of - * - +110 existing structure or utility, the cost of which is (,'Y0y 'a less than 50 percent of the market value of the i structure prior to the improvement or the damage ` requiring reconstruction provided no development ;sr..: °`' occurs in the floodway; t "`"' bz�:, '. .,:v; 4-/c4prod.'-' `' a; 4. Accessory structures which are 120 to 528 'square 0.0-0.--- , feet in size, except in the floodway area; and -- r TS a S. Paving on iariva({��.ry+�yjjl property, except in the floodway t ` .'-^"r..�'� ars• T'. y.i♦ v t..t t yw f ,. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, Unified Sewerage !� {: Agency, and/or other federal, state, or regional agencies arc ., do not require a sensitive lands permit. The City shall ,a require that all necessary permits from other agencies i, t , r°-' are obtained. All other applicable City requirements< .1' Pi( must be satisfied, including sensitive land permits •. P.5"-- y+t, - _- _ - - k sn t,....)../ -, . - �, . ,. dor �,,�, areas within the 100-year floodplain, slopes 0 25 percent or greater or unstable ground, drainageway , and „,r� .`f , wetlands which are not under state or ederal ' ;' , jurisdiction. Y _ _, - w The permit �.r °hall apply--t _ - _ _ :, - , i D. Sensitive Lands Permits Issued by the Director The Director shall have the authority to issue 'a el sensitive lands permit in the following areas: . a. Drainageways; 1 b. Slopes that are 25 percent or greater or Draft - August 29, 1994 Page 4• ,': Chapter 18.84 Sensitive Lands " st # i; z- A �1 unstable ground; and .., 47 C. Wetland areaswhich are not regulated by other local, state, or federal agencies and are • ` - designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map, 2. Sensitive lands permits shall be required for the • areas in Subsection D 1. above when any of the , following circumstances apply; t `• a. Ground disturbance(s) er landform alterations 3`f't� involving more than 50 cubic yards of ,q' material; b. Repair, reconstruction, or improvement of an existing "structure or utility, the cost of ;:...:' which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring .,' reconstruction; c. Structures intended for human habitation; and d. Accessory structures which are greater than A` .Y 528 square feet in size. is E. Sensitive Lands Permits Issued by the Hearings Officer 1, The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain. 2. Sensitive lands permits shall be required in the .. .# .` 100-year floodplain when any of the following circumstances apply, 1. a. Ground disturbance(s) or landform alterations in all floodway areas or ground disturbance(s) i or landform alterations in other floodplain 4,-. a. locations involving more than 50 cubic yards s. • of material; • b. Repair, reconstruction, or improvement of an existing Structure or utility, the cost of f ''. which equals or exceeds 50 percent of the market value of the structure prior to the Res improvement or the damage requiring A reconstruction provided no development occurs in the floodway; • Draft - August 29, 1994 Page 5 Chapter 18,84 Sensitive Lands r .a t .. .t a ' !Y . . • ! '.�lGr .t ..... � .! :#a aG . • c. Structures intended for human habitation,. and d. Accessory structures which are greater than 528 square feet in size, outside of floodway areas. -BF'. Except as explicitly authorized by other provisions of , this chapter, all other uses are prohibited on sensitive land areas. +<; A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of ` ''.4 Chapter 18.132. (Ord. 90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32 Ord. 84-36; Ord, 83-52). 18 .84.020 Administration and A..roval Process A. The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A preapplication conference with City staff is required. (See Section 18.32 .040. ) If uncertainty exists in �r,,, regards to the location or configuration of wetland areas, staff shall make an on-site inspection prior to an application being initiated to determine the nature and extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the j> applicant additional information. C. Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months 1 . Another preapplication conference is required if n. any variance application is submitted more than six months after the preapplication conference; and • 2 . Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or 0 requirements of the application. J D. The Hearings Officer shall approve, approve with conditions, or deny an application for a sensitive lands >, u. permit within the 100-year floodplain as set forth in ' Draft - August 29, 1994 Page - 6 • Chapter 18.84 Sensitive Lands • '.' . , 0 0 - ' ..; Section. 18.84.015 E. The Hearings Officer's decision may be reviewed by the Council as provided by Subsection • t•^.i 18.32.310.B. �r E. The Director shall approve, approve with conditions, or . deny an application for a sensitive lands permit as set forth in Section 18.84.015.D. The decision made by the , Director may be appealed to the eels a Heerings,,'s.1- ` . - Officer as provided by Subsection 18.32.310.A. 1,-c .� F. The appropriate approval authority shall review all .: sensitive lands permit applications to determine that all 4:,.f. .;' necessary permits shall be obtained from those federal, =° state, or local governmental agencies from which prior approval is also required. ' C. The Director shall notify communities adjacent to the • -..1-1' ' affected area and the State Department of Land } -' Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. r H. The Director shall require that maintenance is provided -: ' .r ,-; within the altered and relocated portion of said • { s watercourse so that the flood-carrying capacity is not; ' ; diminished, I. The Hearings Officer and the Director shall apply the standards set forth in Section 18.84,040 when reviewing an application for a sensitive lands permit. ,,i,*• .: k , J. The Director shall give notice of applications to be ' heard by the Hearings Officer as provided by Section { 18.32.130. ,�as '�;, ! A L7• "',�, ! K. The Director shall mail notice of sensitive land- ` A ,. ' '; application decisions in Sections 18:84.015 ,6. and E. to4 ° ` the persons entitled.to notice under Section 18.32.120. � , 1.6,-' '''..r% . ,..,%, (Ord. 90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-- k.Y= 52) . 18.84.025 Maintenance of Records ',';i. A. Where base flood elevation data is provided through the L' _I , Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea { ; 'D level) of the lowest floor (including basement) of all x .J new or substantially improved structures, and whether or not the structure contains a basement. `, . Draft - August 29, 1994 Page - 7 : Chapter 18.84 Sensitive Lands :,4.:4—..,,:: :' k J. - -1--,-,''t*''' :',' ,k.fs yi + t 3,_:: ry ! r 7 :,...* 1 . . . . . .. . • 0 ' e '....: : . . .- B. For all new or substantially improved floodproofed structures, the Building Official shall: , •:, 1. verify and record the actual elevation (in relation ..., ,..,(, to mean sea level) ; and % 3 . Maintain the floodproofing certifications reauired ., • in this chapter. .': , . ' ..... ' ) c Few. z - - . - . , . The Director shalli- , 4-7----Mmaintain for public inspection all other records pertaining to the provisions in this chapter. . , •,•-• . (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) : , .,......„ . :• .': 18.84,026 General Provisions for Floodplain Areas , -1-' A. The appropriate approval authority shall review all permit applications to determine whether proposed ..:-.'i ..*, building sites will be safe from flooding. ., B. The areas of special flood hazard identified by the - Federal Insurance Administration in a scientific and , engineering report entitled "The Flood Insurance Study of e - ...e. .. lie. se . the City of Tigard, " dated September 1, 1981, with . accompanying Flood Insurance Maps (updated February 1984) .. is hereby adopted by reference and declared to be a part - ''elete . of this chapter. This Flood Insurance Study is on file "!.. at the Tigard Civic Center. C. When base flood elevation data has not been provided in accordance with Subsection 18.84.026. B., the Director : shall obtain, review and reasonably utilize any base .. . ..„..i.- :: flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 18.84.026.M and N) . D. Where elevation data is not available either through the _ — Flood Insurance Study or from another authoritative . I,- source, applications for building permits shall be . .. Cl) reviewed to assure that proposed construction will be , reasonably safe from flooding. The test of : s ...1 reasonableness is a local judgment and includes use of . historical data, high water marks, photographs of past % .... : tu9 flooding, etc., where available. Failure to elevate at ' .. least two feet above grade in these sensitive land areas may result in higher insurance rates. . . z E. City actions under this chapter will recognize the rights - , Draft - August 29, 1994 Page - 8 I Chapter 18.84 Sensitive Lands .:.,.-. 1'..:•:''.' . ., 4.;1 • ''''' -•,..„ , s.,-;.", v4.,'•..-•••• . - *., .:,.. f. - . . . t. '"• •-• ',`....• , 4. .,•' .^-- -.• :.! -, • •• . S .•'.4, , != ..4,.••.• . 4, - -. •"51, ' •1•;"*.:`'.,'• .- . ''-o-- - •:- ' `,1'•-4—, :' .11 a''''.1..- t• . 1. '. '. ., '' of riparian owners to be free to act on the part of the J , , ' City, its commissions, representatives and agents, and land owners and occupiers. , " A '. A'll new construction and substantial improvements shall ,_ '.., .y be constructed with materials and utilizo utility .c1:: (:17) equipment resistant to flood damage. -;_� All new construction and substantial improvements shall ..n be constructed using methods and practices that minimize 4-_-... flood damage. { gH. Electrical, heating,` ventilation, plumbing, and. air- , • ;:, ' g equipment quipment and other service facilities shall .._, ' be designed and/or otherwise elevated or located so as_to z {. prevent water from entering or accumulating within the .. ` `- - components during conditions of flooding. - - x4/ 1. •E1. All new and replacement water supply systems shall be ° ,., ) designed to minimize or eliminate infiltration of floodwaters into the system •_ . - - 1: eS L' ' F,7. All new construction, all manufactured homes and • r substantial improvements shall be anchored to prevent `. • flotation, collapse, or lateral movement of the .` T ;: structure. r= eK. New and replacement sanitary sewerage systems shall be ' ` designed to minimize or eliminate infiltration of , :` floodwaters into the systems and discharge from ,.the ,.p systems into floodwaters. • ;,%• IL. On-site water disposal systems shall be located to •avoid _ impairment to them or contamination from them during flooding. M. Residential Construction ,_ 1. New construction and substantial improvement of any Wpi residential structure, a t-h n including' . 11- manufactured homes, shall have the lowest floor, say -, including the basement, elevated at least one foot ry; above base flood elevation; and ,: k C 2 . Fully enclosed areas below the lowest floor that tin are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic .; flood forces on exterior walls by allowing for the , entry and exit of floodwaters. Designs for meeting . K this requirement must either be certified by `a ;. . , Draft - August 29, 1994 Page 9 Chapter 18.84 Sensitive Lands , 3 ' .... T i, i 1 r b 55 f ':J "y yi.. 4 4 t •l ♦ y .: } }'i'^4 s i Y . • 0 n' ',i`; registered professional engineer or architect, or 4 must meet or exceed the following minimum criteria: , 4 7:, a. A minimum of two openings having a total net area of not less than one square inch for every square foot �f enclosed area subject to hflooding shall be provided; i b. The bottom of all openings shall be no higher than one foot above grade, and c. Openings may be equipped with screens, {. louvers, or other coverings or devices, provided that they permit the automatic entry ,: and exit of flood waters. �. 3. Manufactured homes shall be securely anchored to an �j . 7'�",t Y .1 I adequately anchored foundation system. Anchoring dam` q' y;..' '� methods may include,,'but are not limited'to, use of 1 , r,''' . over-the--top or frame ties to ground—anchors o r , x w,, 4N. Nonresidential Construction 1.4,1v 1. New construction and substantial improvement of any ` commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the ,./ ;z; base flood elevation, or together with attendant 44F utility and sanitary facilities, shall: .F ' a. Be floodproofed so that below the base flood '' level the structure is watertight with walls • �; substantially impermeable to the passage of -.. water; b. Have structural components capable of r resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. 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 CD certifications shall be provided to the ' Building Official as set forth in Subsection '' 18.84.025.B; and d. Nonresidential structures that are elevated, Draft - August 29, 1994 Page 10 ti Chapter 18.84 Sensitive Lands 4 :".• • • ' ins • • a,'; not floodproofed, must meet the same standards for space below the lowest floor as. described in 18 84.026 T.2 Applicants floodproofing nonresidential buildings shall be notified • that flood insurance premiums will be based on '.r rates that are one foot below the floodproofed •level (e.g., a building constructed to the • ; .Y base flood level will be rated as one foot = below that level) , (Ord. 94-05; Ord. 89-06; • Ord. 87-66; Ord. 87-32) 0 Subdivisions and partitions in the 100-year floodplaLn rix shall meet the following criteria: 1. The design shall minimize the potential for flood • damage; 2. Public utilities and facilities such as sewer, gas, r electrical, and water systems shall be located and constructed so as to minimize flood damage, 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood elevation data is not available from FEMA or } another authoritative source, the applicant shall generate base flood elevation data to be reviewed _ as part of the application. a- -4 • f* 18 84.028 General Provisions for Wetlands k''( , A. Wetland regulations apply to those areas meeting the definition of wetland in Chapter 18.26 of the Community `; ' Development Code, areas meeting Division of State Lands ,� wetland criteria and to land adjacent to and within 25 • }. .; feet of a wetland. Wetland locations may include but are • not limited to those areas identified as wetlands in • "Wetland Inventory and Assessment for the City of Tigard, • WOregon; " Scientific Resources Incorporated, 1990. • E. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be • necessary. Wetland delineation will be done by qualified < professionals at the applicant's expense. (Ord. 90-29) Draft - August 29, 1994 Page - 11- z: Chapter 18.84 Sensitive Lands ' ;1 0.I S , 18.84.030 Expiration of rpproval': Standards for Extension of Time i7 ' ', A. Approval of a sensitive lands permit shall be void if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or 2 . Construction on the site is a departure from the f - 71 approved plan. ',i2-'''.:',"''' B. The Director shall, upon written request by the applicant , and payment of the required fee, grant an extension of ., the approval period not to exceed one year, provided 3 that: 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating q. ;* construction of the site within the one year —.,:;:, =:..,. extension period; and it' 3 . There have been no changes to the applicable -' Comprehensive Plan policies and ordinance .. , provisions on which the approval was based. C. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18 .32 .310.A, {; (Ord. 90-41; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83. ! 4 52) .. f,t 18.84.040 Approval, Standards A. The Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain in Section 18.84.015 E. based upon findings '"A; 0''''', that all of the following criteria have been satisfied: 1.. Land form alterations shall preserve or enhance the Pt floodplain storage function and maintenance of the `'; t� zero-foot rise floodway shall not result in any i, c0 : narrowing of the floodway boundary, as certified by a registered professional engineer; i re ? 2 . Land form alterations or developments within the s` (9 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the ,' comprehensive plan land use map, except that alterations or developments associated with Y Draft - August 29, 1994 Page - 12 *`� Chapter 18.84 Sensitive Lands t . , . ... 4 • , r, community recreation uses, utilities, or public k support facilities .as defined in Chapter 18.42 of the Community Development Code shall be allowed in g x t areas designated residential subject to applicable -.„,..':..,„1,: zoning standards; x; '�,' 3. Where a land form alteration or development 1s .• permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; '. :,,,-, 4 . 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, ' "; ', unless the construction of said pathway is deemed '4 by the Hearings Officer as untimely %.:"--4-''''. 5 The plans for the pedestrian/bicycle pathway .,� .; indicate that no pathway will be below theF' elevation of an average annual flood; ,r. 6. The necessary U.S. Army Corps of Engineers and ''' State of Oregon Land Board, Division of State Lands '- approvals shall be obtained; and :` t {' 7 . Where land form alterations and/or development are allowed within and adjacent to the 100-year , floodplain, the City shall require the dedication ,' of sufficient oPen land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in `f {' '. accordance with the adopted � pedestrian/bicycle ^w pathway plan. '.4". " . . !,r, • -,,,,:,:i., B. The Director shall approve or a pprove with conditions an application request for a sensitive lands permit on ".�, slopes of 25 percent or greater or unstable ground in Section 18 84.015 D. based upon findings that all of the •{` a. following criteria have been satisfied: #. 1. The extent and nature of the proposed land. form m alteration or development will not create site disturbances to an extent greater than that required for the use; ( 2. The proposed land form alteration or development k„ *' will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; , ; , Draft - August 29, 1994 Page. 13 ;f Chapter 18.84 Sensitive Lands , ti a r '' i' 1 y..:.Y, ti y a 'Q'^'..-.' k+ 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development af : with any of the following soil conditions: wet/high water table; high shrink-swell capability, compressible/organic; andshallow depth-to-bedrock; a and t 4. Where natural vegetation has been removed due to . land form alteration or development, the areas not t}' • i r covered by structures or impervious surfaces will ' =.4„,--',*„.: be replanted to prevent erosion in accordance with iY' Chapter 18.100, Landscaping and Screening. r C. The Director shall approve or approve with conditions an application request for a sensitive lands permit within drainageways in Section 18.84.015 D. based upon findings k that all of the following criteria have been satisfied: -;:c..,_ j 1. The extent and nature of the proposed land form .• i alteration or development will not create site disturbances to the extent greater than that , _ • ` required for the use; ": 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, , i ground instability, or other adverse on-site and off-site effects or hazards to life or property; ' { :,,., 3. The water flow capacity of the drainageway is not" `., : decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not J>- covered by structures or impervious surfaces will • .74be replanted to prevent erosion in accordance with' ' Chapter 18.100, Landscaping and Screening, , .:1"'"2-%:,,,°' 5. The drainageway will be replaced by a public' facility of adequate size to accommodate maximum. ; ( • a. flow in accordance with the adopted 1981 Master " y• AC Drainage Plan. 1„ 6. The necessary U.S. Army Corps of Engineers and" 5 State of Oregon Land Board, Division of state `Lands approvals shall be obtained. .{ in 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year ti floodplain, the City shall require the 'dedication of sufficient open land area within'and adjacent too . Draft - August 29, 1994 Page - 14 #* . Chapter 18.84 Sensitive Lands � ,. s. `. to 3x tA. the floodplain in accordance with the Comprehensive Plan. This area shall include portions of. a suitable elevation for the construction of a ! pedestrian/bicycle pathway within the floodplain in '- } adopted accordance with the , -, •. p pedestrian: bicycle pathway plan. (Ord. 90-29; Ord. 90-22;Ord. 89-06; Ord. 87-66; Ord. 87- 32; Ord. 86-08; Ord. 84-29; Ord. 83-52) D. The Director shall approve ar approve with conditions an application request for a sensitive lands permit within wetlands in Section 18.84.015 D. based upon findings that all of the following criteria have been satisfied: ` 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan .' Floodplain and Wetland Map nor is within 25 feet of " , such a wetland; 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 3 : Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to landform alteration or development, erosion control riprovisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will 4< be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening; 5 All other sensitive lands requirements of this a•� chapter have been met; a. 6. The provisions of Chapter 18.150, Tree Removal, shall be met. 7. Physical Limitations and Natural Hazards, r Floodplains and Wetlands, Natural Areas, and Parks, y,• Recreation and Open Space policies of the to Comprehensive Plan have been satisfied. (Ord, 90- 29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) Draft - August 29, 1994 Page 15 Chapter 18.84 Sensitive Lands .. a 18 84.045 Exception for Development of the 108th/113th Ravine below the 140 Feet Elevation { A. Under the senitive lands permit process, the Director . may allow portions of the ravine at 108th and 113th, designated as a significant wetlands area, to develop provided that all of the following criteria are met: 1. All of the land (within the ravine) being considered for development is less than 25 percent slope; 2. There are no unstable soil conditions on the land ° being considered for development; and 3 , Applicable provisions of Section 18.84.040, Sensitive Lands Approval Criteria shall be met. (Ord 90-29; Ord. 89--06; Ord. 87-66 Ord. 87-32; Ord. 83-52) 18 84.050 Application Submission Requirements 4. A. All applications for uses and activities identified in Sections 18.84.015 B. through E. shall be made on forms provided by the Director and shall be accompanied by: 1. Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, (number to be determined at the preapplication conference) and: ' J ~ a. The scale for the site plan(s) shall be a standard engineering scale and a . •,0* b. All drawings or structure elevations or floor • plans shall be a standard architectural scale, • being 1/4 inch by 1/8 inch to the foot; 2 . A list of the names and addresses of all persons who are property owners of record within 250 feet of the site; and • 3 . The required fee. B. The required information may be combined on one map. C. The site plan(s) , data and narrative shall include the following: 1. An existing site conditions analysis,. Section Draft - August 29, 1994 Page - 16 ; y Chapter 18.84 Sensitive Lands 4;. 4 3` . :• L:'. ly:' ._l l *M 11... . { i Y -t�: l + .i.t' �'i. y .T• a ';c 18.84.070; 2. : A site plan, Section 18.84.080 4 3, 3 . A grading plan, Section 18.84.090; and 4. A landscaping plan, Section 18.84.100. (Ord. 90- : . ^ 2(4; Ord. 89-06; Ord. 87-66Ord. 87-32; Ord. 83-52) 18.84.060 Additional Information Re. ired and Waiver of Requirements A. The Director may require information in addition to that required by this chapter in accordance with Subsection ; . 18.32 .080.A. ° B. The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.B 4 and C (Ord. 89-06; Ord. 87-66 Ord. 87-32 Ord. 83-52) 18.84.070 Site Conditions 4 ' A. The site analysis drawings shall includes 1. A vicinity map showing streets and access points, sM44 ' pedestrian and bicycle pathways, and utility locations; 2. The site size and its dimensions; 3 . Contour lines at two-foot intervals for grades zero $ ' to ten percent and five-foot intervals for ,grades 'moi=s. over ten percent; 4 . The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100-year floodplain and �- floodway) ; b. Slopes in excess of 25 percent; c. Unstable ground (areas subject to slumping, earth slides or movement) ; d. Areas having a high seasonal ,water table a4 within 24 inches of the surface for three or " i:•';.` Draft - August 29, 1994 Page -'17 • Chapter 18.84 Sensitive Lands ,�r .....:i. -'" '.' f,�E•J. - t "s r. ..,._ '; .i' �4, ., si. .« i,, 4d t. .. a' • more weeks of the year; e. Areas havinga severe soil erosion potential, or as defined by the Soil Conservation Service; and f. Areas having severe weak foundation soils; 6. The location of resource areas as shown on the comprehensive plan inventory map and as required in Section 18.84.035 including: a. Wildlife habitat and. b. Wetlands; 7 The location of site features including a. Rock outcroppings; and •y b.` Trees with six inches caliper or greater measured four feet from ground level; 8. The location of existing structures on the site and proposed use of those structures. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) .:a 18.84.080 The Site Plan or A. The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: ro osed site and surrounding° 1. The P• p properties; 2e Contour line intervals (see Section 18.84.070.A.3) 3 . The location, dimensions, and names of all: a. Existing and platted streets and other public ways and easements on the site and on t adjoining properties; and •`.:? (I) b. Proposed streets or other public ways and easements on the site; W4. The location and dimension of: a. Entrances and exits on the site; Draft - August 29, 1994 Page - 18 Chapter 18.84 Sensitive Lands i .' - , 411 4,1 . b. Parking and traffic circulation areas; c Loading and services areas d. Pedestrian and bicycle facilities; ,.r = e. Outdoor common. areas; and ' x f. Utilities, 5. The location, dimensions, and setback distances of ,.. all: a. Existing structures, improvements, and ..;.,.. utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and .. b. Proposed structures, improvements, and utilities on the site; j' 6. The location of areas to be landscaped; 7, The concept locations of proposed utility lines; t and 8. The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord, 83-52) 18 84.090 Grading Plan A. The site plan shall include ;a grading plan which contains the following information: 1. Requirements in Sections 18.84.070 and 18.84.080; 2 . The identification and location of the benchmark and corresponding datum; 3 . Location and extent to which grading will take 'i place indicating contour lines, slope ratios, and slope stabilization proposals; and 4. A statement from a registered engineer supported by factual data substantiating: C;1 a. The validity of the slope stabilization proposals; Draft August 29, 1994 Page - !9 Chapter 18.84 Sensitive Lands �`+�• tri ♦ .L. _. . .: 3' ... ... ., .. .. .. p ... - b. That other off-site impacts will not be created; c. Stream flow calculations; d Cut and fill calculations; and e. Channelization measures proposed. (Ord. , 89 06 Ord. 87-66; Ord. 87-32 Ord. 83-52) 18-84.100 LLandscapePlan A. The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate z °{ 1. Location and height of fences, buffers, and screenings; 2. Location of terraces, decks, shelters, play areas, and common open spaces where applicable; and • 3 . Location, type, and size of existing and proposed plant materials. B. The landscape plan shall include a narrative which .;. addresses: 1. Soil conditions; and 2 . Erosion control measures that will be used. (Ord. ,ter 89- 06; Ord. 87-66, Ord. 87-32; Ord. 83-52) •}t k1.HC/ACT,doc (DOS) TCDCSL.144 • • v ay t' W o • Draft - August 29, 1994 Page 20 Chapter 18.84 Sensitive Lands • h 0 -. --'' '. . ( Ft McKeeverl'Merris,Inc. 722 S.W,Second Avenue RECEIVED .. Suite 400 Portland,Oregon 97204 • fax 503 228-7365 OCT 0 3 1994 ` 503 228-7352 COMMUNITY DEVELOPMENT .O CT T ATSII'TTA.Id 0 Transmitted By: • Date: r Our Messenger 1:=3T0: /14.!—136/4)C -cepo1Z-1C Your Messenger ❑ ' ' 1% o- 1, k2 ") Fed` UPast Federal Express ❑❑ ( 12 1 G L, e7 LD`� other -1' 4 A 9 . 02 t(122: -- Telephone No.: • s PROJECT REF.:_, V )J /[' nV Under Per For For 4 ; t Separate Your Your Your For Attsehed Laver Request Revzew Reference Distribution x .• Y• . c 0 0 ' d Enclosures: QTY. ITENI , VOA KT va(l15 Jo I-) /e, 4/ a tg i Additional Commatus or Message: • - / 0 r -- j ¢ ; , Planning Design , Public Involvement Project Management 1 '-.. - . - :, - -'-'4. •..' =.-.', *'''. .'.I. . .,*"z 0 t ' ' ...i -:-'4,•:: llIcKeeverIMorris,Inc. ` 722 S.W.Second Avenue Suite 400 Portland,©re on 97204 • fax 503 228-7365 503 228-7352 = MEMORANDUM r TO: Katherine Bennett,Natural Hazards Specialist • ,,..2,*...-7, :z ‘..- K.__ . FROM: Keith Liden,AICD :, RE Draft Revisions-Chapter 18.84 Sensitive Lands { City of Tigard DATE: . September 30, 1994 , ', _` I have worked with the comments which you submitted in your letter to the city of Tigard and the information you shared with me over the phone last month. Attached is a draft which has been *. . reviewed by the city staff. We feel that the amendments address all of the issues raised by FEMA,, fi There are two types of amendments presented in the attached draft. is e` 1. Amendments required by FEMA in the June 21st letter from the agency. The number of , ' the comment in the letter is written in the margin of the draft to show you where the FEMA comments are addressed in the draft revisions. ' 2. Editorial changes related to the FEMA comments which are recommend to improve the overall quality and clarity of the Sensitive Lands chapter have also been included: i*rt - The language to be deleted is shown i :_ : : - and the new text is shown in bold. '° Please contact me after you have reviewed the draft amendments. Thank you for your assistance. V) ',..-,, g '14. kLHU/ACr.com SI/FEMA memo 144c 9/20/94 • A; a • w fr Planning "'. • Design Pith zc lnwolvement r'...,,' Project Management • Chapter 18.84 SENSITIVE LANDS - 4 Draft - September 30, 1994 Sections: h.. 18.84.010 Purpose 18.84.015 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.84 .020 Administration and Approval Process 18.84.025 Maintenance of Records 18.84.026 General Provisions for Floodplain Areas 18.84.028 General Provisions for Wetlands 18:84.030 Expiration of Approval: Standards of Extension of Time 18.84 .040 Approval.; Standards 18.84.045 Exception for Development in the 108th/113th Ravine . below the 140 Feet Elevation 18.84.050 Application Submission Requirements 18.84.060 Additional Information Required and Waiver of . • Requirements 18.84.070 Site Conditions 18.84 .080 The Site Plan 18.84. 090 Grading Plan 18.84.100 Landscaping Plan 18 84010 Purpose A. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The 100-year floodplain; 1 N 2. Natural drainageways; 3. Wetland areas which are regulated by the other W agencies including the U. S. Army Corps of i Engineers and the Division of State Lands, or are designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Nap; and 4. Steep slopes of 25 percent or greater and unstable ground. B. Sensitive land areas are designated as such to protect Draft September 30, 1994 Page - 1 _ ,< Chapter 18.84 Sensitive Lands 4. 0 • • . OP i the public health, safety, and welfare of the community . x through the regulation of these sensitive land areas. • C. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, = _ streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreational potentials. h3. D. The regulations of this chapter are intended to implement ,.-. the comprehensive plan and the Federal Emergency '. Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise :,:; floodway elevation. . ''! the City of Tigard? " d: .. - F ..., - _ a.•part "of th`� ...p e T _ -. __ : +-. - • _ .,- . .- • -,". /..f.,--. m _ . c . - - - ,i _ .-c.. utilisc any base flood elevation an = - . - - abs s_ a - _, - • C' - • .l;._ • _ _ _ _ • ; ;' SS S . 5 . - - hrough the �" . reviewed t - - _ -. - _ s. -. _ _ . �_ %itl" r t - ... and inc-i a,.•.- ..s h± to eee--1----da-, . - - .. - - c - - - . F. v N may rcoult in h. - _ - - - . - • ., of riparian owncr►_ _ - - _ = S PM I. For the pur-pes•esef . - . - - :. ' .= -- - c ', Draft - September 30, 1994 Page - 2 r " Chapter 18.84 Sensitive Lands ti • _ ., . , 0 0 . N" 1884015 Appla.cabilitw of Uses: Permitted, Prohibited, and Nonconforminct A. Outright Permitted Uses - No Permit Required Except as provided by Subsections 18.84.015.B, D. and E., ;'' the following uses are outright permitted uses within : e---1 am-—e ao the 100-year floodplain, drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" -.,,....-% shall exclude: children's play equipment, picnic tables, A sand boxes, grills, basketball hoops and similar recreational equipment. ,- 1 Accessory uses such as lawns, gardens, or play areas, emeep- 4..- -1 nde~ 4 " 2• =___ltu� Farm uses conducted without locating a L:` xeept_i ., ; structure within the sensitive land area;-_:.___g_ __ de, 3 . Community recreation uses ouch as ba:eyele-- ti excluding structures; _ = i -_'-'a as 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources y 5 . Removal of poison oak, tansy ragwort, blackberry, • ; + ` or other noxious vegetation; � ..,<, 6. Maintenance of floodway excluding rechann.eling; e 7. Fences, except in the floodway area; et -- 8. Accessory structures which are less than 120 square v4 feet in size, except in the floodway area; and 6- 1 s 9. Landform alterations involving up to 10 cubic yards {: of material, except in the floodway area. {f 0 B. Administrative Sensitive Lands Permit J ;` 1. 6eparat-e Administrative sensitive lands permits in the 100-year floodplain, drainageway, slopes that Draft - September 30, 1994 Page 3 Chapter 18.84 Sensitive Lands ---4-:i e r S _4 s .; '. .. are 25 percent or greater, and unstable ground shall be obtained from the appropriate community 4., development= division for the following: as The City Engineer shall review the installation of public support facilities such as underground- utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons; b, The City Engineer shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area, for land that is within public easements and rights-of-way; ac. The Building Official shall review minimal ground disturbance(s) bei--as or landform alterations involving 10 to 50 cubic yards of material1, except in the floodway area; e 3rd. The Building Official shall review the Rrepair, reconstruction, or improvement. of an, existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs ,; in the floodway; 4e. The Building Official shall review building permits for accessory structures which are 120 to 528 square feet in size, except in the floodway area; and ,•`_ M. The Building Official shall review applications for paving on private property, except in the floodway area 2. The responsible community development division shall approve, approve with conditions, or deny an application for a development permit, as described },- above in Subsection 1., based on the standards set • forth in sections 18.84.026, 18.84.040, and 18.84.045. ift C. Jurisdictional Wetlands UJ Landform alterations or developments which are only _; within wetland areas that meet the jurisdictional ; requirements and permit criteria of the U.S. Army Corps .,l Draft September 30, 1994 Page 4 Chapter 18.84 Sensitive Lands • • 1 - • of Engineers, Division of State Lands, Unified Sewerage Agency, and/or other federal, state, or regional agencies do not require a sensitive lands permit. The City shall require that all, necessary permits from ,other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits ,atse3 ee't 9 a'ae «s t-e-1 s for areas within the 100-year floodplain, slopes of 25 percent or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. ttt ; z. a.. p. _ _ _ _ o a +• feat' —e - eek s _ _ o _ _ . - - .:nd C. The permit * {. D. Sensitive Lands Permits Issued by the Director ,, • 1. The Director shall have the authority to issue a sensitive lands permit in the following areas. a. Drainageways; z `w.;• b. Slopes that are 25 percent or greater or '' unstable ground; and °. c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map. 2. Sensitive lands permits shall be required for the areas in Subsection D. 1. above when any of the following circumstances apply: a. Ground disturbance(s) or landform alterations involving more than 50 cubic yards of material; b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to .the 03 = improvement or the damage requiring 391 reconstruction; c. Structures intended for human habitation; and • r {+. Draft - September 30, 1994 Page 5 Chapter 18.84 Sensitive Lands 0 ' 0 .. •=. a a1 d. Accessory structures which are greater than 528 square feet in size. =•'' E Sensitive Lands Permits Issued by the Hearings Officer 1. The Hearings Officer shall have the authority to *A, issue a sensitive lands zr permit in the 100-year floodplain. 2. Sensitive lands permits shall be required in the 100-year floodplain when any of the following •; circumstances apply: r . F a. Ground disturbance(s) or landform alterations '�;. in all floodway areas or ground disturbance(s)� a, or landform alterations in other floodplain locations involving more than 50 cubic yards F of material; , 3. b. Repair, reconstruction, or improvement of an 5 existing structure or utility, the cost of < .r which equals or exceeds 50 percent of the market value 'of the structure prior to the .`` improvement or the damage requiring reconstruction provided no development occurs ''' in the floodway; c. Structures intended for human habitation; and d. Accessory structures which are greater than . ' 528 square feet in size, outside of floodway 4 .} areas. EV Except as explicitly authorized by other provisions of A ' , ;' := this chapter, all other uses are prohibited on sensitive land areas. G. A use established prior to the adoption of this title, ., which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by et, this Chapter, shall be considered a nonconforming use. , Nonconforming uses shall be subject to the provisions of 4 wChapter 18 ,132 . (Ord. .90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 84-36; Ord. 83-52) 18.84.020 Administration and A••roval Process : -IA. The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in 'h writing by the owner. z: Draft - September 30, 1994 Page -. 6 t Chapter 18.84 Sensitive Lands <a -' ',,.,. , . ., .. _ ,„ . e 0 .., • r :,....,..,..,,.. . . B. A preapplication conference with City staff is required. � ` (See Section 18.32.040. ) If uncertainty exists in • regards to the location or configuration of wetland areas, staff shall make an on-site inspection prior to an application being initiated to determine the nature and ' : ': extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the applicant additional information. C. Due to possible changes in state statutes, or regional or local ,• policy, information givenby staff to the applicant *a during the preapplication conference is valid for not more than six months: . 1. Another �rea "lication conference is required Pp if _ : any variance application is submitted more than six months after the preapplication conference, and K 2 Failure of the Director to provide any of the a information required by this chapter shall not constitute a waiver of the standard, criteria or ,.'} , requirements of the application. D. The appropriate community development division shall . , approve, approve with conditions, or deny an application for an administrative sensitive lands permit within the *;; 100-year floodplain, drainageways, slopes that are 25 ,. percent or greater, and unstable ground as set forth in tt Subsection 18.84.015 B. � E. The Director shall approve, approve with conditions, or ,,ti; deny an application for a sensitive lands permit as set forth in Section 18.84.015.D. The decision made by the Director may be appealed to the CoLmiss-lem Hearings Officer as provided by Subsection 18.32.310,A. > DF. The Hearings Officer shall approve, approve with . conditions, or deny an application for a sensitive lands } ., permit within the 100-year floodplain as set forth in Subsection 18.84.015 E. The Hearings Officer's decision may be reviewed by the Council as provided by Subsection V 18 .32`.310 .B. F. The appropriate approval authority shall review all xu sensitive lands permit applications to determine that all ,v; necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior 0 approval is also required. at ,< G. The Director shall notify communities adjacent to the affected area and the State Department of Land Draft September 30, 1994 Page 7 Chapter 18.84 Sensitive Lands =y �t . .t.` K l M �i � t t • u : ....%:14.‘' .. C.i r s._ t -. .Y r. ji .a <.•. .. , i 1 •. r}j Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. ' H. The Director shall require that maintenance is provided within the altered and relocated portion of _ a watercourse so that the flood-carrying capacity is not . diminished. I. The Hcaringo Of - _ - _ • - - - appropriate ia.te approval authority shall apply the standards set forth in . eubeSections /8.84.0260 18.84.040, and 18.84.045 when reviewing an application for a sensitive lands permit. :F. a. The appropriate approval authority shall require that the elevations and floodproofing certification required in Section 18.84.025 be provided prior to'occupancy or final approval of all new or substantially improved structures. 4K. The Director shall give notice of applications -to be { heard by the Hearings Officer as provided by Section 18.32.130. `, rr aL. The Director shall mail notice of an sensitive lands application decisions in Subsections 18.84.015 D. and E. to the persons entitled to notice under Section 18 .32 .120. (Ord. 90-29; Ord. 89-06; Ord. 87-66; Ord. ,87- j 32; Ord. 83-52) . 18 .84.025 Maintenance of Records , A. Where base flood elevation data is provided through the Flood Insurance Study, the Building Official. shall obtain , and record the actual elevation (in relation to mean sea • level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or• ?: ' not the structure contains a basement. B. For all new or substantially improved floodproofed structures, the Building Official shall:ems 1. Verify and record the actual elevation (in relation to mean sea level) ; and 2 . Maintain the floodproofing certifications required in this chapter. C. _ - - = -. - 3 c o _ •Jtu CD, t The Director shall Draft September 30, 1994 page 8 Chapter 18.84 Sensitive Lands 1-a----maintain for public inspection all other records pertaining to the provisions in this chapter. '. (Ord• 89-06, Ord. 87-66, Ord. 87-32, Ord. 83-52) r, 18.84 026 General Provisions for F1oodn .A olaireas, , A. The appropriate approval authority shall review all permit applications to determine whether proposed ; . building sites will be safe from flooding. } � ; B. The areas of special flood hazard identified by the Federal 'Insurance Administration in a scientific and • -• : k engineering report entitled "The Flood Insurance Study of .,:. '• ' the City .of Tigard, " dated September 1, 1981, with ;. accompanying Flood Insurance Naps (updated February 1924) `^` is hereby adopted by reference and declared to be a. part ., ' of this chapter. This Flood Insurance Study is on file �., • <: :. a`> the Tigard Civic Center. t C. When base flood elevation data has not been provided in "' y°accordance with Subsection 18.84.026. B., the 'Director .; aa'• shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a e=x. federal, state or other source, in ord�rar to administer Subsections 18.84.026.M and 1) . R' : D. Where elevation data is not available either through the .a . Flood Insurance Study or from another authoritative source, applicatians for building Permits shall be :`. reviewed to ass'are that proposed construction will be ,� reasonably sPee from flooding. The test of , ; 'areasonableness is a local judgment and includes use of :a-at'. historical data, high water marks, photographs of past ',4'.', " - flooding, etc., where available. Failure to elevate at i5 least two feet above grade in these sensitive land areas �� may result in higher insurance rates. a '. . a E. City actions under this chapter will recognize the Tights "' N. t. of riparian owners to be free to act on the part of the :. City, its -commissions, representatives and agents, and :�' ,fi _ land owners and occupiers. u) BF. All new construction anu substantial improvements shall be constructed with materials and a" e utility equipment resistant to flood damage. la w . All new construction and substantial improvements shall be constructed using methods and practices that minimize ,, flood damage . asDraft - September 30, 1994 Page 9 `' Chapter 18.84 Sensitive Lands Or ''! is- - •. '‘ • 0 N - tw ` MI.' Electrical, heating, ventilation, plumbing, and air- -.4.: .:a. ',. conditioning equipment and other service facilities shall ' be designed and/or otherwise elevated or located so as to is prevent water from entering or accumulating within the r' components during conditions of flooding> r _;i Ea. All new and replacement water supply systems shall be " designed to minimize or eliminate infiltration of r ' floodwaters ' into the system in accordance wit=h - ,: - - _ ,-. -'4 ;x., ai Code. I FIT:, All new construction, all manufactured homes and ' substantial improvements shall be anchored to prevent -> flotation, collapse, or lateral movement of the structure. t 6R. New and replacement sanitary a p sewerage system's shall be ,. designed to minimize or eliminate infiltration of ` floodwaters into the systems and discharge from the . ` systems into floodwaters. HL. On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. , x 3 (. Residential Construction 1. New construction and substantial improvement of any residential structure, ether--than--a including :,,,.'f � manufactured homes, shall have the lowest floor, r including the basement, elevated at least one foot • ,> above base flood elevation and ." 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the 4 entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a ,...• i registered professional engineer or archi � tect,. or ; must meet or exceed the following minimum criteria: ' a. A minimum of two openings having a:total net ': area of not less than one square inch for every square foot of enclosed area subject to _a . flooding shall be provided; M b. The bottom of all openings shall be no higher than one foot above grade; and L c. Openings may be equipped with screens, ' Draft - September 30, 1994 Page - 10 x,' Chapter 18.84 Sensitive Lands y ` , a1H..1.:* louvers, or other coverings or devices, provided that they permit the automatic entry •• . _ and exit of flood waters. 3. Manufactured homes shall be securely anchored to an adequately anchored foundation system. Anchoring '; { methods may include, but are not limited to, use of .: over-the-top or frame ties to ground anchors. 4N. Nonresidential Construction 1 New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall.: • a, Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; x b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. 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 Building .Official as set forth in Subsection 18.84,025.B; and • d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor 'as described 4,5 Ce in 18.84.026.I.2 . Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the ca base flood level will be rated as one foot k• below that level) . (Ord. 94-05; Ord. 89-06; -� Ord. 87-66; Ord. 87-32) 0. Subdivisions and partitions in the 100-year floodplain Draft - September 30, 1994. Page 11 Chapter 18.84 Sensitive Lands ♦r • f. } 3. :�'' . 3='1 .�. �', L.Ii- 7�r.G'. • t .• .'1'' '.'"..:.'":'..-."'." '. 1 •:. .. %..7 ::"..,, ^ • 0 . .n.f. , shall meet the following criteria: ,.,a .. i . 1.: The design shall minimize the potential for flood damage 2. Public utilities and facilities such as sewer, gas, 4. _ electrical, and water systems. shall be located and } r constructed so as to minimize flood damage; ' 3. Adequate drainage shall be provided to reduce .r exposure to flood damage; and , s 4.� For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood '` elevation data is not available from FEMA or _ another authoritative source, the applicant, shall. . generate base flood elevation data to be reiewed as part of the application. a �_I:, 18.84.028 General Provisions for Wetlands � ' • A. Wetland regulations apply to those areas meeting the ,.' h•. definition of wetland in Chapter 18.26 of the Community • Development Code, areas meeting Division of State Lands wetland criteria and to land adjacent to and within 25 • feet of a wetland. Wetland locations may include but are t' ` not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, w , Oregon, " Scientific Resources Incorporated, 1990. , ;x„ B. Precise boundaries may vary from those shown on wetland 'mss"`'' maps; specific delineation of wetland boundaries may be .,,- t--',' ;.-, r• necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. (Ord. 90-29) - ' Y 4x 18 .84. 030 Expiration of .Apro pval: Standards for Extension of Time ;- 0 A. Approval of a sensitive lands permit shall be void if: .,,_ CC 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or , 2 . Construction on the site is a departurefrom the i '' .4 approved plan. -, -,//• Y W B. The Director shall, upon written request by the applicant •.r and payment of the required fee, grant an extension of the approval period not to exceed one year, provided =3 that: -, - Draft - September 30, 1994 Page - 12 -7',.,.... ' Chapter 18.84 Sensitive Lands 4N S a .' .--- • • I :,, 1 No changes are made on the original plan as uN approved by the approval authority; '}" ; 2. The applicant can show intent of initiating : . . .,,.3/4 construction of the site within the one year 3 '' extension period; and ' 3 . There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. '{, C. Notice of the decision shall be provided to the ` _, applicant. The Director's decision may be appealed by { : the applicant as provided by Subsection 18.32 .310.A. , '3.,- I. (Ord. 90-41; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-- .y., 52) . , �� - 18 .84.040 Approval Standards .. A. The appropriate approval authority shall approve or approve withconditionsrequest an application } Y. •" within the '100-year. . floodplain in Subsections 18.84.015 •' E. and E. based upon findings that all of the following ` criteria have been satisfied: 1. Land form alterations shall preserve or enhance the ,:; >°" floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any ` narrowing of the floodway boundary, as certified by ', a registered professional. engineer; 2 . Land form alterations or developments within the 100-year floodplain shall be allowed only in areas f x designated as commercial or industrial on the comprehensive .plan land use map, except that '' alterations or developments associated with community recreation uses, utilities, or public %; . -4,,:, support facilities as defined in Chapter 18.42 of G , the Community Development Code shall be allowed in areas designated residential subject to applicable r- n., zoning standards;' o 3 . Where a land form alteration or development is { permitted to occur within the floodplain it will :. • r not result in any increase in the water surface . R melevation of the 100-year flood; , 4 . The land form alteration or development plan , 4 includes a pedestrian/bicycle pathway in accordance ;' with the adopted pedestrian/bicycle pathway plan, A Draft - September 30, 1994 Page - 13 • „ + Chapter 18.84 Sensitive Lands 1 , ,4 S . •• 4 Z -1 + # ,, -•/ r " yi "t At 3 y. ..‘: ..:.• 0, . ,. . ' ^ . .. . : unless the construction of said pathway is deemed f ,.._, by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the Q ; elevatioi. of an average annual flood; ; '` :a .--, 6. The necessary U.S. Army Corps of Engineers and h. State of Oregon Land Board, Division of State Lands M approvals shall be obtained; and '_ 7. Where land form alterations and/or development are ., .3 ., ; '' alloyed within and adjacent to the 100--year floodplain, the City shall require the dedication , of sufficient open land area within and adjacent to the floodplain inaccordance with the comprehensive plan. This area shall include portions of a ;t, suitable elevation for the construction of a . pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. ',---. B The appropriate approval authority D-1 reed shall approve , -: ....V0 or approve with conditions an application request for a ., ;i sensitive lands permit on slopes of 25 percent or greater or unstable ground in Subsections 18.84.015 B. and D. % based upon findings that all of the following criteria :.,; have been satisfied; ,r 1. The extent and nature of the proposed land form alteration or development will not create site 3; disturbances to an extent greater than. that ; required for the use; ''.-.,:,t . 2 . The proposed land form alteration or development ;,,:; will not result in erosion, stream sedimentation, , : ground instability, or other adverse on-site and j" i:' off-site effects or hazards to life or property; 1 3 . The structures are appropriately sited and designed m _ to ensure structural stability and proper drainage •x h of foundation and crawl space areas for development „ m with any of the following soil conditions. wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; 5 and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not 'f,; covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with ` • ` Draft September 30, 1994 Page 1.4 x , .: Chapter 18.84 Sensitive Lands •• 'i, { x l Yom'._ - .•! a . Chapter 18.100, Landscaping and Screening. C o The appropriate approval authority a shallapprove or approve with conditions an application request for a sensitivelands permit within drainageways in Subsections '-' ,..;::: 18.84t.015. B. and D. based upon f ndings that all of the .; following criteria have been "sattsfied: 1. The extent and nature of the proposed land form . r, alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development .< will not result in erosion, stream sedimentation, j ground instability, or other adverse on-site andI. i. ;;. off--site effects 'or hazards to life or property; , 3 . The water flow capacity of the drainageway is not t...:‘'.1 decreased; 4. Where natural vegetation has been removed due to land form 'alteration or development, the areas not v. covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; 5. The drainageway will be replaced by a public t facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. 6 The necessary U.S. Army Corps of Engineers and ; State of Oregon Land Board, Division of State Lands ii approvals shall be obtained. 1 7. Where landform alterations and/or development are 4 allowed within and "adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive EL • Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle '` r,; pathway plan. (Ord. 9.0-29; Ord. 90-22;Ord. 89 -06 .:. A m Ord. 87-66; Ord. 87-32; Ord, 86-08; Ord. - $4-29 ? 0 Ord. 83-52) D. The Director shall approve or approve with conditions an application request for a sensitive lands permit within Draft - September 30, 1994 page 15 Chapter 18.84 Sensitive Lands i. • 1 y,1 '; , -..'''''''‘'''K. ,',...,t } Y'1 ,t. Y S 1,4 a5 Y ^1:,, b 4 i t d. i '..i.L ,' , i' ',1 1 y J, .. ' s wetlands in Subsection 18.84.015 D. based upon findings that all of the following criteria have been satisfied: ,; 1. The proposed landform alteration or development is neither on wetland in an area designated as -, { significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of ;, such a wetland; .q 2. The extent and nature of the proposed landform ,alteration or development will not create site disturbances to an extent greater than the minimum :required for the use; r. ` '` ' 3 . Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; { } 4. Where natural vegetation has been removed due to 1 ,> landform alteration or development, erosion control provisions of the Surface Water Management program � - of Washington County must be met and areas not T covered by structures or impervious surfaces will -'- ' `"._ be replanted in like or similar species in r'":."\-.. .:� accordance with Chapter 18.100, Landscaping and Screening; < 5 . All other sensitive lands requirements of this 1' chapter have been met; e }` ' '° 6. The provisions of Chapter 18.150, Tree Removal, y � .:, shall be met . v 7. Physical Limitations and Natural Hazards, \ Floodplains and, Wetlands, Natural Areas, and Parks, : .s=.., Recreation and Open Space policies of the Comprehensive Plan have been satisfied. (Ord. 90- { 29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) ,:: - 18.84.045 Exception for Development of the 108th/113th Ravine • M ' below the 140 Feet Elevation W A. Under the sensitive lands permit process, the appropriate � approval authority eto , as set forth in Subsections 18.84.015 B. and D., may allow portions of the ravine at 108th- and 113th, designated as a significant wetlands ' 0 area, to develop provided that all of the following criteria are met: ,d, 1. All of the land (within the ravine) being , - Draft - September 30, 1994 Page - 16 Chapter 18 84 Sensitive Lands m1, considered for development is less than 25 percent slope; 2 . There are no unstable soil conditions on the land being considered for development and , 3. Applicable provisions ofSection' 18.84.040, Sensitive Lands Approval Criteria, shall be met. ' (Ord 90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32; ord. 83-52) 18 84.050 Application Submission. Rectuirements , A. All applications for uses and activities identified in Subsections 18 .84,015 B. through E. shall be made on . , _ forms provided by the Director and shall be accompanied by: v y, 1. Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, (number to be detex:uined at the preapplication conference) and: a. The scale for the site plan(s) shall be a standard engineering scale; and X:; b. All drawings or structure elevations or floor .a �. g plans shall be a standard architectural scale, . = being 1/4 inch by 1/8 inch to the foot; 2 . A list of the names and addresses of all persons who are property owners of record within 250 feet of the site; and n , _ 3 . The required fee. B. The required informationmay be combined`on one, map. C. The site plan(s) ,, data and narrative shall include the following: 1. An existing site conditions analysis, Section 18 .84.070; 2 . A site plan, Section 18.84.080; '', 3. A grading plan, Section 18.84.090; and ill I 4 . A landscaping plan, Section 18.84.100. (Ord. 90- 29; Ord.. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) Draft - Septc ;.ber 30, 1994 Page - 17 Chapter 18.84 Sensitive Lands 4s f'F Vin . " , . 4 i a ' : 18.84.060 Additional Information Required and Waiver of ` ry. Requirements A. The Director may;require information in addition to that " required by this chapter in accordance with Subsection ,,}x` 18.32.080.A.: B. The Director may waive a specific requirement for ' ' `' ! information in accordance with Subsections 1.8.32.080.E and C. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.070 Site Conditions A. The site analysis drawings shall include: 1. A vicinity map showing streets and access points, . pedestrian and bicycle pathways, and utility ,..., locations; y �,. 2. The site size and its dimensions; . .fi 3 . Contour lines at two-foot intervals for grades zero 1, to ten percent and five-foot intervals for grades over ten percent; T 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100-year floodplain and T( floodway) b. Slopes in excess of 25 percent; '`' c.. Unstable ground (areas subject to slumping, i., ty earth slides or movement) ; r d. Areas having a high seasonal water table M within 24 inches of the surface for three or more weeks of the year; .,:. g . e. Areas having a severe soil erosion potential, or as defined by the Soil Conservation '' Service; and L a f. Areas having severe weak foundation soils; 6. The location of resource areas as shown on the r, Draft - September 30, 199 Page - 18 Chapter 18.84 Sensitive Lands i ` '1 s y } Y, comprehensive plan inventory map and as required in :_ . .. Section 18.84 035 including: a. Wildlife habitat, and b. Wetlands; ,- r,',: 7. The location of site features including: , a, Rock outcroppings, and ' I. b. Trees with six inches, caliper or greater measured four feet from ground level; n 8. The location of existing structures on the site and ,; proposed use of those structures. (Ord. 89-06; `' ` Ord. 87-66; Ord. 87-321 Ord. `83-52) r 1.8y884.080 The Site Plan , r!; A. The proposed site development plan shall be at `the same 1w '''''''0..4.' scale as the sit's analysis plan and shall include the ai; following information: 1. The proposed site and surrounding properties; 2 . Contour line intervals (see Section 18.84.070 .A.3) ; 3 . The location, dimensions, and names of all: a. Existing and platted streets and other public .. ways and easements on' the site and on adjoining properties; and b. Proposed streets or other public ways and •:, iof: easements on the site; - 4. The location and dimenson ; a. Entrances and exits, on the site; - E .. b. Parking and traffic circulation areas; . c. Loading and services areas; a i d. Pedestrian and bicycle facilities; t. ' e. Outdoor common areas; and ...1 f. Utilities; { Draft September 30, 1994 Page 19 Chapter 18.84 Sensitive Lands •r . 5 The location, rtimensions, and setback distances of all: • a. Existing structures, improvements, and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and b. Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; 7 . The 'concept locations of proposed utility lines; and 8. The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18 .84.090 Grading Plan A. The site plan shall include a grading plan which contains the following informations ' • 1, Requirements in Sections 18.84.070 and 18.84.080; 2 . The identification and location of the benchmark and corresponding datum; 3 . Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals; and 4 . A statement from a registered engineer supported by '-" factual data substantiating: a. The validity of the slope stabilization proposals; b. That other off-site impacts will not be created; } c. Stream flow calculations; ill d. Cut and fill calculations; and 0 e. Channelization measures proposed. (Ord. 89- 06; Ord. 87-66; Ord. 87-32; Ord. 83-52) Draft September 30, 1994 Page - 20 Chapter 18.84 Sensitive Lands } WrtT` ANIA qlly 410 - a n 18.84,-100 Landscape Plan /" A. A. The landscape plan shall be drawn. at the same scale as the site analysis plan, or a larger scale if necessary, l:. and shall indicate: 1. Location and height of fences, buffers, and screenings; 2. ' Location of terraces, decks, shelters, play areas, and common open spaces where applicable; and 3 . Location, type, and size of existing and proposed plant materials. ax. E B. The landscape plan shall include a narrative which addresses: t ` 1. Soil conditions; and ;• - 2. Erosion control measures that will be used. (Ord. c `' 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) k1.HC/ACT.doc- (DOS) TCDCSL.144 • Draft - September 30, 1994 Page - 21 . k; Chapter 18.84 Sensitive Lands • • SEP-20�-94 TUE 11'02 tick VER/IIORRIS EPSTE I N FAX Na 56 228 7365 f'.O1 .' .. S �� McKeever M orris,Inc- - 722 S.W.Second Avenue • Suite 400 Portland,Oregon 97204 fax 503 228-7365 503 228-7352 (• .@may; •o'j{�,��pdy TOTAL.PAGES: /7.--- — _ . _, Dare: 2 -- Dare: (Including Cover) *, Attention $ - 'T-rt Company: A Y' 4 tc74� 72-4 Teia�`as Number: Telephone AI e a e • e e e e • e e • e p o • • e • • o o e • • e • s • o o e • Project Ref.: 664X. LA =-v`it '% t i .4.1,1 VI /lilt 1, t , Sent From: b S! '3. it COMMENTS OR MESSAGE: y • � GILAU-4 9��-Tt� OS I0 LOg • iyli Ors-1'6RAA L. i•` -L.. 4 . °' `C �1�J . Li - gip, a®, -. Ti—____6A .c..,___________________________ :. e. s.. ,AR V° .sem .--- i Planning t: Public Involvement fl}° Project Management Signed Landscape Ardtitecturc • i is ii .A. } ' T >y, % 1 . SEP-20-04 TUE 11:02 MC VEER/MORRIS EPSTEIN FAX NO. S 228 7365 P.. P.02 R 5 li:. ` 18.04.0 5 .t Applicability of Dees: Permitt-d Pro ib' .e+ and fi ncpnforminat jOutright A. Outright PermittedUses - No Permit Required a F rExcept as provided by Subsections 18.84.015.B, D. a..nd i. , Y'. °* the following uses are outright permitted uses within `�'., ri �a..i_s ... 1 ®.1 - the 100-year floodplain, ' drainageways, slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. ,} ' ;' For the purposes of this chapter, the word. "structure" shall. exclude: children's play a uippeaat, picnic tables, 1 e.' sand boxes, grills, baskethsall hoops and similar ',' "; recreational equipment. , _ 1. Accessory uses such as lawns, gardens, or play' 4 "' Acca ,'" t► r y ke� 2. $- l• a- a FaZYCA uses conducted without l0CD.t3,I1g a e, 3 k� structure within the sensitive land area, pt i '),..e.'4,, ia: 3 Community recreation uses -e `;' ? - , excluding"structuress .a - . , . ;)5 4. Public and private conservation areas for. water, $ -,,e, soil, open space, forest, and wildlife resources; ......., 1 r u 1.' 4 a 5. Removal of poison oak, tansy ragwort, blackberry, itt e- }',1 or other noxious vegetation; '. a ,,.. ,x.,;j', 6. Maintenance of floodway excluding rechannelingt and 7 . Fences, except in the floodway area; ` c�e,p .. 8. Accessory structures which are less than 1.20 square 1' VJ i ' feet in size, except_in the floodway area; and II 9Landform alterations involving up to 10 cubic yards 4 } of material, except in the floodway area. B. Administrative Sensitive Lauds Permit k. 1. Sete Administrative sensitive lands permeits in the 100-year floodplain, drainageway, slopes that Draft September 20, 1994 Page - 3 `y Chapter 18.84 Sensitive Lands b 'f A ,4 Via.' ... . ...'f,.s 4.- u r' .. �� '.• • _ •.TUE 1 03 MGA EVER/MORRIS EPSTEIN FAX MO, 503 228 7365 �;��-. P'°30; ,,`,, SEP-20 8 II ;�,,- _ _{ ' 1" ,,...i, ,....„.: , _ : -..., -.... are 25 percent or greater, and uhetle ground ` 1' shall be obtained from the appropriate community development division for the following; X 4e. The City engineer shall review the s installation of public support facilities Y such. as underground utilities and construction . -/ ( of roadway improvements including sidewalks. ,, `l curbs, streetlights, and driveway aprons; '' X .., .Y -•The City Engineer •Shall review minista1 ground ,, .cli lturban ) or landform alterations ' �4 - D invo1 g to"-SO cubic yards of material, . ,,,,,. `7 except in the floodway area, for land that is i ;: ;4• twithin public easements and rights-of-wart `� 4 X c The Building Official shall review minimal , • ground disturbance(s) ilast—ere or landform ° - 7 alterations involving 10 to 50 cubic yards of +. O °f' O terial, except in the floo y area: '.- `;'7 \ 3d. The Building Official shall review the 6.7"aP 4.,`.. -- ,. itrepair, reconstruction, or improvement of an r `1 h �,• vs, existing structure or utility, the cost of c3 �; d which is'.less than 50 percent of the `market ''l" , value of the structure prior to the `' -` D improvement or the damage requiring�\,„ r. reconstruction provided no development occurs �"�,�' in the floodway; , ,,: t X 4e. The Building Official icial shall review building permits for accessory structures which are 120 u; to 528 square feet in size, except in the y -floodway area; and -6 - ,J, K -Y`M . % .5f. The iuilding ` Official ' I shall review �, ; j � ---- applications for paving on private property, - &raa, , except id the floodwaY area. � , '� , .- The responsible community development division .,,,, t�: a\--- shall approve, approve with conditions, or deny an ` y • � application for a developm t permit, as described ` ; above in Subsection 1., based on the standards set forth in sections 18 84.025, 18.84.040, and p. a 18.84.045. k ' ' W , 'X C. Jurisdictional Wetlands 4 }'. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the J.S. Army. Corps z Draft - September 20, 1994 Page - 4 Chapter 18,89 Sensitive Lands „9'_ •1 a^ "m,..-7, 7.; r.. .. :....:':'2•1'-z: -SEP=20-84 TUE 11:03 tjCjEE0VER/MORRIS EPSTEIN FAX NO. 603 228' 1366, P.04 7lip .: ;:a .. . Y'. • ,,..,..,::::.,...., . of Engineers, Division of State Lands, Unified Sewerage ` ' •- Agency, and/or other federal, state, or regional agencies , , 4 do not require a sensit ,va lands permit. The City shall ' require that all necessary permits from' other agencies e '.,- ",•• :.'• are obtained. All other applicable City requirements � must be satisfied, including sensitive land permits. , .,:. . - ,. ,•• , s _ for areas within the 100-year floodplain, lopes of 25 a , . {• percent or greater or unstable ground, draiatageways, end y wetlands which are not ,under state or federal. 4-: ,, jurisdiction. t y • t -.i :: :•- •:•.• . .. ' _ - r 1-13d C m -VIC r .t A, 'r5 D. Sensitive Lands Permits Issued ,may the Director ', s . 1. 1. The Director shall have the authority to issue a ' sensitive lands permit in, the following areas: •3, , , a.a DrainetgeW ays o i-, } b. Slopes that are 25 percent or greater or : unstable ground; and =.; c. Wetland areas which are not regulated by other „a. .. • ; local. state, car federal agencies. and are designated as significant wetlands on the ] . Comprehensive Plan P'3.00dpla.3.n and Wetland sap. 4 2. Sensitive lands permits shall be required for the =; areas in Subsection D. 1. above when any of the .s following circumstances apply: a. Ground disturbance(s) or landform alterations , a., ,•,: involving more than 50 cubic yards P3 '_ material; b. Repair, reconstruction, or improvement of an tr existing structure or utility, the cost ,of . '=: tiA al which equals or exceeds. 5O percent of the th market value of the structure prior to the #, slimprovement or the damage requiring reconsst ucti.on; c. Structures intended for human habitation; a '• Draft - September 201, 3,994 .Page 5 , • j� Chapter 18.84 Sensitive Lands SEP-20-94 TUE 11:04 ll EVER/MORRIS EPS77E I H FAX HO. 503 228 7365 P. 06 _ iii0 Z .F : 3 d. Accessory structures which are greater than 520 square feet in size. ',., B. Sensitive Lands Permits Issued by the Hearings Officer ri 1. The Hearings Officer shall have the authority to n issue a sensitive lands permit in the 100-year . floodplain. �.'; 2. Sensitive leads permits, shall be required in the �., - 1:;, -.,[--. 100-year floodplain when any of the following n-,,. circumstances apply: , : a. Ground disturbance(s)- or landform alterations in all floodway areas or ground disturbance(s) or landform alterations in other floodplain ', locations involving more than 50 cubic yards , , ', of material;: ' # b. Repair, reconstruction, or improvement of an '.'.% existing structure or utility', the cost of .0'2 t , which equals or exceeds SO percent of the ;' market value of the structure prior to the • improvement eat or the damage requiring ` reconstruction provided no development occurs 4.: , . in the floodway; c. Structures intended for human habitation; and ' -' d. Accessory structures which are greater than -.5 528 square feet in size, outside of floodway HI areas. d BF. Except as explicitly authorized by other provisions of h `y{ this chapter, all other uses are prohibited on sensits.v land areas. . A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would ,.. ®C ', be subject to the limitations and controls imposed by ti this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132 , COrd.. 90-29; Ord. 89-06; Ord. 87-66; ;' -.1 Ord. 87-32; Ord. 84-36; Ord. 83-52) V/ Yah_ ua 3%,18.84.(l20 Administration and Rp�,roalvProcess Y { A. The applicant for a sensitive lands permit shall be the recorded owner of the property or anagent authorized in ,:' writing by the owner. r Draft - September 20, 1994 ; , ,`' Chapter 18.84 Sensitive Lands n1-4 7i i X -:;.1P.06 i SEP:20-94 TUE 11:04 t0K FAX 228 6 5 EVER/NORRIS EPSTEIN ... ._. r 4 .. M:: • ._ B. A preapplication conference;.with City staff is required s e (See Section 18.32.040.) If uncertainty exists in ; regards to the location or configuration of wetland r areas, staff shall make an on-site inspection prior to an ` 1 ; application being initiated to determine the nature and e '; extent of the resource. If necessary, assistance from 1" state and federal agencies shall be sought to provide the ,.: applicant additional information. t.n d C. Due to possible changes in state statutes, or regional or- '' {- local policy, information given by staff to the applicant i during the preapplication conference is valid for not t ,, more than six months: 4.' ^ ' 1. Another preapplication conference is required if any variance application is -submitted more than six months after the preapplication conference, and ' k,! '� 2. Failure of the Director to provide any of the information required by this chapter shall not ee constitute a waiver of the standard, criteria or a , requirements of the application. D. The appropriate community development division shall d approve, approve with conditions, or deny an application c.' for an administrative aensitive lands permit within the 100-year floodplain, drainageways, slopes that are 25 } percent or greater, and unstable ground as set forth in ,c. ,, ,, Subsection 18.84.015 B. -. E. The Director shall approve, approve with conditions, or • e deny an application for a sensitive lands permit as sec: forth in Section 18.84.015.D. The decision made by the x , . ,:. Director may be appealed to the e• Hearings rings ;j. Officer as provided by Subsection 18.32.310.A. , ..'• ''''.4 4 , f'. The Hearings Officer shall, approve, approve with e,, conditions, or deny an application for a sensitive lands , permit within the 100-year floodplain as set forth in '; a. Subsection 18.84.015 E. The Hearings Officer's decision " '. • et may be reviewed by the Council as provided by Subsection 18.32.310.B. >' � F. The appropriate approval authority shall review alla sensitive lands permit applications to determine that all te necessary permits shall be obtained from those federal, Ui state, or local governmental agencies from which prior' approval is also required. . G. The Director shall notify communities adjacent to the • affected area and the State Department of Land a °• 3 Draft September 20, 1994Page - '� Chapter 18.84 Sensitive Lands . e, } F ' F yM • P. 0? SEP-20-94 TUE 11.©5 MCK VER/MORRIS EPSTEIN FAK`N0. 50S 228 7565 _ ' Conservation and Development prior to any alteration or , relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. H. The Director shall require that maintenance is provided within the altered and relocated portion of said watercourse so that the flood-carrying capacity is not diminished. I. The _ e • .-0-,„. - : ' appropriate • j . approval authority shall apply the standards set forth in Sections 18.86.026, 18.84 040, and 18.84.045 when '1.-: reviewing an application for a sensitive lands permits Y: -2:,--1....' � J. The Director shall give notice of applications to be ":' � heard by the Hearings Officer as provided by Section ' ' 18.32.130. K. The Director shall mail notice of eltY sensitive lands application decisions in Subsections 18.84.015 D. and B. , ..„..1,, to the persons - entitled to notice under Section 18.32.120. (Ord. 90-29 Ord. 89-06; Ord. 87-66; Ord. 87- cR►,C\w'hs i `�� ZNN Se..th c A \C,C6`{'.®2.5 .. c,,...„-f •t--cry f 1.8.84,025 Maintenance of Reco±ds -'rte oc.0 o ��f Ate\ ter^\ 4\\\ ad , A. Where base flood elevation data is provided through the ' k_ Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea/ z a.-- J '..- level) of the lowest floor (including basement) of all , r. ,yryf' ` new or substantially improved structures, and whether o'r l ' '` ,` not the structure contains a basement. i ' 4 B. For all new or substantially improved floodproof-d ”. structures, the Building Official shall � - 7,, 1. Verify and record the actual elevation (in relation ... to mean sea level) ; and • 2. Maintain the floodproofing certifications required in this chapter. '' The Director shall:- "` • 1. Mmaintain for public inspection all other records pertaining to the.. provisions in this chapter. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) "` I r Draft - September 20. 1994 Page - 8 :Jr.' + . Chapter 18.84 Sensitive Lands x [[ rid 7 ."N r ...k - .> '. " -.1' .. h _ . . 2v. ' _ •'' I^ . .. '\ . _ "! in'n 4.. SEP-20-94 TUE11:06 MC VER/t10RRIS EPSTEIN FAX NO. 503 228 7365 P.09 : extension period.; and 3 . There have been no changes to the applicable -- a,t comprehensive Plan Policies and ordinance . provisions on which the approval was based. 4'j C. Notice of the decision shall be provided £ to the applicant. The Director's decision may be appealed by 1 ,, the applicant as provided by Subsection 18.32.310.A. 1 (Ord.. 90-41; Ord. 89.06; Ord. .87-66; Ord. 87-32; Ord. 83- r 5 } 1 4 0 royal gta i arils *-.';''k\- Ya A. The appropriate approval authority '" ef-f- e_,., shall ' . . approve or approve with conditions an application request t• within the 100-year floodplain in Subsections i8.84.O1S ' B. and E. based upon findings that all of the following . �r criteria have been satisfied: , + -...Ae- ,, Land form alterations shall preserve or enhance the ee; floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary, as certified a registered professional engineer; y' • 2. Land form alterations or developments within the 100-year'floodplain shall be allowed only in areas e }., designated as commercial or industrial on the comprehensive plan land use map, except that :fealterations or developments associated with {`.;, = community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of :,,._ the Community Development Code shall be allowed iin areas designated residential subject to applicable r . zoning standards; 3 . Where a land form alteration or development is fe > permitted to occur within the floodplain it will e. not result in any increase in the water surface elevation of the 100-year flood; e ' — 4. The land form alteration or development plan co :` (3includes a pedestrian/bicycle pathway in;accordance .!MI with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; ^r 5. The plans for the pedestrian/bicycle . pathway indicate that no pathway will be below the 7'' 't1 i Draft September 20, 1934 Page 13 i Chapter 18.84 Sen .ti"e Linda• • '• '' 1ST ♦ i. ~ `s ' . ' SEP 220-9E'TUE 11:06 �1GK VEkiORRIS ES . FAX N0. 503 228 7365 _ TEI�! elevation of an average annual flood; '..:',1: 1:'". 6. The necessary U.S. Army Corps of Engineers and .. State of Oregon Land Board, Division of State Lands , approvals shall be obtained; and r ' 7. Where land form alterations and/or development are j _ allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive s` plan This area shall include portions of a. -` suitable elevation for . the construction of a =' pedestrian/bicycle pathway within the floodplain in accordance with the adopted :; pedestrian/bicycle a pathway plan. " 4 X B: The appropriate approval authority a3i ree a shall approve or approve with conditions an application request for a sensitive lands permit on slopes of 25 percent orgreater or unstable ground in Subsections 18.84.015 B. and D. based upon findings that all of the following criteria have been satisfied: "' 1. The extent and nature of the proposed land form , . alteration or development will not create site disturbances to an extent greater than that z required for the use; ti 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, t r= ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development 'f;A with any of the following soil conditions: , t'` wet/high water table; high shrink-swell capability; C an compressible/organic; and shallow depth-to-bedrock; Cit < 4. Where natural vegetation has been removed due to land form alteration or development, the areas not ,. - covered by structures or impervious surfaces will , • 9 a' be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. XC The appropriate approval authority Deur shall approve or approve with conditions an application request for 'a sensitive lands permit within drainageways in Subsections. ` _ Draft - September 20, 1994 page - 14 ... Chapter 18.84 Sensitive Lands dux'' +' 1 - ext s 1 t d‘ 4 < # �'ey , s+ t l qt- SEP-20-94 TUE 11:07 HCKEEVER/MORRIS EPSTEIN FAX h0. 0603 ??,11:1.3_6_5..„ 18.84.015 B. and D. based upon findings that all of the w following criteria have been satisfied: 1. The extent and nature of the proposed land form ,'. alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development + will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4 . Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with . Chapter 18.100, Landscaping and Screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum aa flow in accordance with the adopted 1981 Master Drainage Plan. 6. The necessary U.S. Army Corps of Engineers and 'a State of Oregon Land Board, Division of State Lands approvals shall be obtained. r,,;. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to , ' the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in m accordance with the adopted pedestrian bicycle v" pathway plan. (Ord. 90-29; Ord90-22;Ord. 89-06; • Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29;. ... Ord. 83-52) D. The Director shall approve or approve with conditions an al application request for a sensitive lands permit .within wetlands in Subsection 18.84.015 D. based upon findings. -� j that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is'. r • neither on wetland in an area designated as Draft - September 20; 1994 Page - 15 Chapter 18.84 Sensitive Lands . .. 4.•.... a ..,a.. ,. .. .. ' ' +.. .. { .,. . 1 !i'' .. . a ... { IA }. y:.i n,`,!' '4% $",.' t t ...•tom✓ i-.ut.... 1 i .J;. .::: SEP-20-94 THE 11:07 Me VER/MORRIS EPSTEIN FAX Na. 503.228.7365 _0. k' significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland; 2. The extent and nature' of ,the proposed landform 4 alteration or development will not create site disturbances to an extent greater than the minimum required for the use; • 3. Any encroachment or change in on-site or off-site drainage which would -adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to landform'alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not I- covered : by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening; { 4Y = 5, All other sensitive . lands requirements.' quirements of this chapter have been met; 1. 6. The provisions of Chapter 18.150, Tree Removal, shall be met, 7. Physical Limitations and Natural Hazards, , ~. Floodpla:Ins and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. (Ord. 90- 29; Ord. 89-06, Ord. 87-66; Ord. 87-32; Ord. 83-52) 18 ,84 045 .Excer)tion for Develonment of the 108th/313`tRayne ;< belaw the 140 Feet Elevation A. Under the sensitive lands permit process, the appropriate approval authority ra tex, as set forth in Sesbeections 18.84.015 B. and D., may allow portionsof the ravine at .i 108th and 113th, designated as a significant wetlands area, to develop provided that all of the following criteria are mist: ,4. } 1 All of the land (within the ravine) being .: sidered for development is less than 25 percent slope; 2. There are no unstable soil conditions on the, land being considered for development, and Draft - September 20, 1994 Page - 16 '.4 Chapter 19.84 Sensitive Lands 114 41 t ✓ r in,• d,e ,. .•. . , K ., ,-,.,::::::,,,,,,,: -� 0-94..TUE 11..00 > tICK .tiER/I1ORRIS EPSTEIN EAX ti0.�_503 228. 7365 Pi 12 "EP 2 tit s. 3. Applicable provisions of Section 18.84.040, Sensitive Lands Approval Criteria shall be met. a (Ord. 90-29; 'Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-S2) , a:« 8.8. .050 A•.lication Su•. i sio . Re°, it -encs -" A. All applications for usesand activities identified in ' Subsections 18.84.,015 B bl ough B. shall be made on . forms provided by the Director and shall be accompanied by 1, Copies of the sensitive lands permit proposal and ' necessary data or narrative which explains how the * - :_• proposal conforms to the standards, (number to be ,, ,.,. determined at the preapplication conference) and: •ti, a- �'he scale for the site plan(s) shall be a ..; , standard engineering scale: and :°', b. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4 inch by 1/8 inch to the foot; 2 A list of the names and addresses of all persons ,': who are,, property owners of record within 250 feet ..r. Lid . site, �.nd 3 The required fee. B. The required information may be combined on one map. 4i •pr. ' , :4'.: C C. The site plan(s) , data and narrative shall include the , ;'- ( 1 following ',..-.4 :-... 1. An existing site conditions analysis, Section 18.84.070; 0 2, A site plan, Section 18.84.080; 3 . A grading plan, Section 18.84.090; and .; 4. A landscaping plan, Section 18.84.100 (card_ SO- 29; Ord. 89-06; Ord, 87-66; Ord, 87-32; Ord. 83-52) Y ,,, 18.84.060 Additional Information Required and Waiver, of RIQu1Larie 1. S A. The Director may require information in addition to that 4 ! Draft - September 20, 1994 Page - 17 Chapter 18.84 Sensitive Lands ,....:.••.::.: ". 0 y . ::,,;-2 i'.....:-t '0-€!..c.,A,>, • 111 Federal Emergency Management Agency t, ,F ..; Region X Federal Regional Center 130 228th Street, S.W. Bothell, WA 98021-9796 a x June 21, 199 JAN 2 4 1994 The Honorable Gerald Edwards •t-~^ - ----- - y..,,, a Mayor of Tigard .. "' 13125 SW Hall Boulevard Tigard, Oregon 97223 �, Dear Mayor Edwards: i' rn This letter summarizes our findings from the Community Assistance Visit (CAV) conducted • x , by Katherine Bennett on March 22, 1994. The purpose of the visit was to review the City's } procedures for administering and enforcing its floodplain regulations,and to provide you • }� ` with the most current information on the National Flood Insurance Program. We also • . ,: Y , wanted to provide an opportunity to discuss any concerns you may have had about the City's flood maps or floodplain management program in general. = - er We appreciate the cooperation and assistance of Richard Bewersdorff and Viola Goodwin of ;w , ', the Community Development Department. Based on our floodplain tour and review of l" development: records, the City's planning and permitting procedures are commendable. ' ' , Development records were requested for 30 buildings constructed since 1985, and the • . Community Development Department was able to provide thorough documentation that these 3' *. buildings have been located outside flood hazard areas. a , . •t There are, however, several issues that must be resolved before we can close this CAV report. The City mustdescribe how it plans to address a reinforced dam in Summer Creek which violates City and Federal floodplain regulations. Although your floodplain • et :; management program appears to be working quite well, the City also must substantially 1, amend its Sensitive Lands regulations to comply with the National Flood Insurance Program, e a- 01 } ' unless the City has additional regulations for floodplain development besides the Sensitive '- ,,j Lands Chapter (18.84) of the Land Use Code. Tigard's floodplain regulations apparently , .a , have been revised without our approval since we last reviewed them in 1987. Changes to the .' ' City's floodplain regulations must be sent to this office for review before their adoption. Finally, the City must clarify its procedures for certifying the as-built conditions of `; completed floodplain development. ,, f 3 y r Z4Y '1 J i ,p f Y,. s � .' • isA - 0 0 . „ _- - �.ti, ti � , � Fz : Federal Emergency Management Agency � a -'.1.) Federal Regional Center 130 228th Street, S.W. . Bothell, WA 98021-9796 RECEIVED PLANNING , 1994 m March 2, 1994 T ' The Honorable Gerald Edi<ards = : . Mayor of Tigard 13125 SW Hall Boulevard , Tigard, Oregon 97223 Dear Mayor Edwards , a.: This is to confirm a Community Assistance Visit I have arranged : iwith Mr. Richard Bewersdorff of the Tigard Community Development ; Department. The purpose of the visit is to discuss Tigard'st -1' 7 '' participation in the National Flood Insurance Program (NFIP) and "*.i'''.,-'7 address any questions the City may have about the program. The visit is scheduled for Wednesday, March 23, 1994 at 8 am in the 4 City Hall. _ - a: ' The Federal Emergency Management Agency conducts these visits to ,, maintain contact with communities participating in the NFIP and learn of any needs for technical assistance. The visits also • ' ,, provide an opportunity for assessing the enforcement of local ;,, •, ,. ' floodplain management ordinances adopted to meet requirements of the NFIP. City officials and staff involved in Tigard's floodplain management program and development review process #., should attend the meeting or be available for questions. In this regard, we ask that your staff have available for our meeting: -, y 1. Copies of the floodplain management ordinance adopted by the C4 City in accordance with Chapter 44 of the Code of Federal �' Regulations (CFR) , section 60.3; c • 2. Records of development permits issued since Januar!! 1, 1991: in the City's designated Special Flood Hazard Areas; 1111 ' 3. Records of the elevations (in relation to Mean Sea Level) of structures built in Special Flood Hazard. Areas in accordance with 44 CFR section 59.22 (a) (9) (iii) , . x '''t- 4.' ti 1. w - 'y ti 4 Appropriate staff to explain the process by which the, City reviews proposed development in Special Flood Hazard Areas, . including new buildings and other structures, new and replacement manufactured homes, improvements to existing buildings and structures, and development other thana buildings such as mining, dredging, filling, grading, paving, excavation or drilling operations, and stream or. ,u channel alterations and 'maintenance;• ; x=• 5. Appropriate staff to explain the prccees for reviewing new subdivision proposals in Special Flood Hazard Areas, including manufactured home parks and subdivisions, 6. Appropriate staff to explain the City's enforcement procedures, includinqq variance procedures and on-site r inspection of construction in Special Flood Hazard Areas; 7, Records of all variances requested (denied or approved) { since January 1, 1991, 8. Questions or concerns the City may have pertaining to its Flood Insurance Rate Map and Flood Insurance Study, :, including their accuracy, completeness, or need for other flood data. eer Prior to the meeting, I will have toured Tigard's floodplain areas to become familiar with the City and the types of development occurring. Should you have questions about the ,`_'. Community Assistance Visit, please call me at 206/487.4`713. i Sincerely, Katherine Bennett ,.', • Natural Hazards Specialist cc: Mr.s..Richard. _Bewersdorf f,,r Comiminity Development -Department, Tigard Mr. Jim Kennedy, Dept. of Land Conservation and Development, Salem co 0.111 A `t February 1, 1994 • { ; nConversation with Gary Ruchaber 7'' 4, RE: Landscape requirement for the NAPA site '''-''1.:'....-..' =, 3 1. Called Gary R. and left a message. i.' 2 Gary called returning my phone call. The following is the conversation that took i ` place: `• �$: - .�7 1lictor: I called to inform you that your development might be in violation of our s _. ..- minimum landscape requirement; ,',::‘-'si'''''''.-' Ga. r�r: Yes, that is possible. We had a.lot of problems funding the types of trees 't and ground cover that was proposed and approved for this development. .• , u . Victor: The City will like to make sure that you satisfy the minimum landscape requirement for the development,and we will like somebody to show us on -4:;;-':.:""-: - v 1 a plan hoer that can be achieved. Especially for the ground cover. -•:.':,:-:::':- Gary: I am tired of fooling around with landscaping,on this project I spent a lot t <` ' of time getting the landscape plan approved by the City. If I have to deal r with any more landscape issues with the City, the City should expect 1wrar"with ham. In the meantime, I will try and find the paper work on this. T .,i approval. Victor I will pass this along to my supervisor. i . ,y fit' _ b.6 r: 4' •t vF't • .1:':11,..., y #s 4 s4 i• . , . Y t t+i. 9 . .... r ♦. y .. {., 9 .4.:'''. .'Zw: .-,,,.. .;-„, 0 0 .:,,, . .a ,f _ .} REQUEST FOR COLTS k -. TO: :. .kms DATE: November 17 1994 1 Y FROM: Tigard PlanningDepartment °'s,. a .i , RE: ZONE ORDINANCE AMENDMENT ZOA 94-0001 SENSITIVE LANDS A;'proposal to } 1 ' amend Community Development Code. Section 18.84 to bring sensitive land 1y requirements into compliance with Federal Emergency Management Agency , ' regulations relativeto procedures for administering , and enforcing floodplain regulations and to reorganize and clarify local permit' procedures for lands involving steep slope, drainageway, wetlands and the 100 year floodplain. APPLICABLE REVIEW CRITERIA: Statewide Planning +: Goals 1, 2, 5,_ and 7; Comprehensive Plan Policies 1.1.a, 2.1.1, 2.1.3, =;; 3.1.1, 3.2.1, 3.2.2, `3.2.4, Community Development Code Chapters 18.30 and 18.84. •,.. '' "''' Attached is the Site Plan and applicant's statement for your review.' From information supplied by various departments and agencies and from other }" information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish i ': to comment on this application, we need your comments by Nov. 2828, 1994. You may {,3 ;` use the space provided below or attach a separate letter to return your comments. If you are unable to resoond by the above dater please phone the staff contact a noted below with your' comments and confirm your comments in writing as soon as `` possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. • ..i :.-,,,,.. STAFF CONTACT: 3 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. ` , Please contact of our office. Please refer to the enclosed letter. Written Comments: irl'., i Name of Person Commenting: Phone Number: t r: 4. .. .. . .. '{ is'.4S y, 5 •'' d.:i`i 2 14S t 4.1 4 f r ,. .. t ' NOTIFICATION LIST FOR ALL APPLLCYp'PIONB a 04 1. i3 �. Cr! (2) copies �.",�CPO NO. a, 2. CITY DEPARTMENTS 4 IL_ 'L.: Building Official/Dave S. Parks & Recreation Board ;.e+ A Police « City Recorder Field Operations 2"Enginesring/Michael A. �/ Permits Facilitator/Jerre, G. �✓"ILong Range Planning/Carol 3. SPECIAL DISTRICTS i`' Fire District ,.", " a„--(pick-up box) Tigard Water Department -"`""... 8777 SW Burnham St. w Tigard, OR 97223 3 Tualatin Valley Water District _Unified Sewerage Agency/SWM Program PO Box 745 155 N. First St. Beaverton, OR 97075 Hillsboro, OR 97124 ' 4. AFFECTED JURISDICTIONS v Wash. Co. Land Use & Transp. Boundary Commission 150 N. First Ave. ""® 800 NE Oregon St. 616 Suite 540 N llf�aaboro,' OR 97124 Portland, Ott 97232-2109 d' 'Arent Curtis + -""-'Kevin MartinMETRO GREENSPACES PROGRAM ': -"".".Mike Borrasca Mel Huie (CPA's/ZOA's) Scott King 600 NE Grand -'°°�Fred Eberle Portland, OR 97232-2736 ,L_ ° DLCD (CPA's/ZOA's) 'City of Beaverton 1175 Court St. NE -"'"-..Jim Hendyx - Principal Planner Salem. OR 97310-0590 PO Box 4755 0, .411111EBeaverton, OR 97076 Others s'.; City of King City ��City of Durham . . -"---City Manager '® City Manager 7 15300 SW 116th PO Box 23483-3483 King City, OR 97224 Tigard, OR 97224 4 City of Lake Oswego City of Portland -"""City Manager '"""Planning Director 380 SW A 1120 SW 5th • Lakes Oswego, OR 97034 Portland, OR 97204 .' " state Highway,Division �..o ODOT ""�Sam Hunaidi Laurie Nicholson PO Box 25412 9002 SE McLoughlin Blvd. Portland, OR 97225-0412 )lilwaukie, OR 97222 ` City of Tualatin " a ? ____City Box 369 Tualatin, OR 97062 . 5. SPECIAL AGENCIES aa a s; General Telephone Portland General Elec. .::... """"'""Engineering Office "11=4""Brian Moore PO Box 23416 14655 SW Old Scholia Fry. Tigard, OR 97281-3416 Beaverton, OR 97007 NW Natural Gas Metro Area Communications "Scott Palmer - ""Jason Hewitt ,; 220 NW Second Ave, Twin Oaks Technology Center Portland, OR 97209 1815 NW 169th Place S-6020 Q" Beaverton, OR 97006-4886 - ---.TCI Cablevision of Oregon Linda Peterson US West 3500 SW Bond St. -Pete Nelson ,a CO 4 Portland, OR 97201 421 SW Oak St. Columbia Cable (Frank Stone) Portland, OR 97204 d . "r"' 14200 SW Brigadoon Ct. Tri-Met Transit Dev. Beaverton, OR 97005 -""'"Kim Knox 710 NE Holladay St. *, 6: STATE AGENCIES Portland, OR 97232 ,..!', LU Aeronautics Div. (ODOT) DOGAMI Division of State Lands ,�, Commerce Dept. - M.H. Park OTHER 0 """"Fish C Wildlife. ""'" .m.1101•1.0. illYildeameni MINIMIIIM... .101110 .. fi" PUC Dept. of Environ. Quality 7. FEDERAL AGENCIES ' . r ` :: :.'s'. }( Corps. of Engineers T Post Office ;, " ` •fl 8. OTHER Southern Pacific Transportation Company a,. --Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, R. 324, Union Station f• 4. , - Portland, OR 97209 • , s b. 1. i Li 1 1 3 �, ,�. ., `Z +f`' .w ter. ,.=,..,,-,-,-,-. Y t ti, 't .�.''''''W"'"' ! i•w ;`' ...t;' a�»wvx wu 51 F }.t �t , ' s a.c:� � �F "„.��,ry} .fi�.j" �� y•' �' `r�"'1 w' �iy`�"Ty'"'`�'.'^a�''`p ow��bwsy srvb..?"ur a axR .c;.,,p., � t' '{t' , �� ', OY l�',' '7A'f'^t'�f 1`+Y 1:=` _ r 41 �`�a 1 at R y „.0 t fir,r i v t,..,11, k i. P.;,.;4t*,,-,- -..,-..„f `' �.t;-111,4,` c fi" illy ,4i0,y P ` �. 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S?Jt,v�"' ?Y �ayy r �. • • .'4.1:...' _. P 1$331 229 ` 38? r! ,., Ro .w for {4 ia No insurance Coverage Provided' `Y =fan ud not use for International Mail Mee Reverse) a Sent to y. + Street and No �•. 1175 0 see, N.E. , P.O.,Salto and LP Code &LEK CR 97310-0590 ' { Postage Special Delivery Feta • J a Restricted Delivery Fee R ipt V F., Return Showing toWnom&Date Delivered do rig Return ReesiPt hog to Whom, CDate,,alld Add, s•Address • u. k . . . / , , 4, .N.\.. ' i ' } • y . tit. a NOTICE D � -0 This form must be mailed to DLCD not lat4mthaa6 working days a tet adoption< • ORS 197,615 and OAR Chapter 660,Division 18 See reverse side for submittal requu=eats •a z Jurisdiction * Cm, or— -r'r 6tme-D Local File# a -0 1 f .: ,> Date of Adoption Z-lbtrl. z.'-a Date Mailed A- --f. Date the Proposed Notice was mailed to DLCD� r Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment Land Use Regulation Amendment ®.. Zoning Map Amendment 1 New Land rise Regulation h , a Summarize the adopted amendment. Do not use technical terms. Do not write"See Attached," i 1`t rsa�^a B: i-b , i taa ND ._ .9a 0 4Lirie..Ytn '9", 0 CA C ....'' - , Describe how the adopted amendment differs from the proposed amendment. If It is the same, , y write"Same." If you did not give notice of the proposed amendment,write"NA" i • v ;. ad Plan Map Change From to • to Zone Map Change From to { Location: Ades involved: • Specify Density: Previous Density New Density ,q Applicable Goals: Was an Exception adopted? Yes No + an - •.•" DLCD File# DLCD Appeal Deadline ., -, 0 0 .. ,, , j ; . " a • Did DLCD receive a Notice of Proposed Arrfrendment 45 days prior to the final hearing? , as Z Yes ._ No: _ The Statewide Planning Goals do not apply Emergency Circumstances Required Expedited Review F Affected State or Federal Agencies, Local Governments or Special Districts: 1: ' Local Contact: aD a C K RE evro -c- Phone: CZ 9—Lit/7/ Address: JJ' 7 3 V c L �cv� -,,,-:',:-..1'-: a SUBMITTAL REQUIREMENTS , ORS 197.615 and OAR Chapter 660.1Xvisnon 18 -4 1, , -{ 1. Send this Form and One(1) Copy of the Adopted Amendment to: Department of Land Conservation and Development 1175 Court Street,N.E. Salem, Orego i. 97310.0590 3..,{: 2. Submit three (3) copies of bound documents and maps larger than 81 by 11 inches. 3. Adopted materials must be sent to DLCD not later than five (5)working days r t:' following the date of the final decision on the amendment. ft ,A 4. Submittal of this Notice of Adoption must include the text of the amendment plus ti` adopted findings and supplementary information. te 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within 21 days of the date Notice of Adoption is sent to DLCD. Ate• 6. In addition to sending Notice of Adoption to DLCD,you must notify persons who .� participated in the local hearing and requested notice of the final decision. If you need more copies of this form,please call the DLCD at 503-373-0050 or this form ti may be duplicated on green papa. 4 z Y t.y. j',.. , , 4 G .. . i. ... �'.'. •"�' �'"1-.-, j. � . T:•�: a . . .. i a x. _. -. . �Si.. Vii'- 1 `�A.^: - r�.`: . • ti =-. ' _` f • CITY OF TIGARD, Oas-RE , �,: , . ORDINANCE NO. � AN ORDINANCE TO AMEND PROVISIONS TO THE COMMUNITY DEVELOPMENT CODE - e ' (SECTION 18 84 - SENSITIVE LANDS) RELATING TO FEMA REQUIREMENTS AND CLARIFYING LOCAL PERMIT PROCEDURES FOR SENSITIVE LANDS. WHEREAS, The City of Tigard finds it necessary to revise the Community ' Development Code periodically to improve the operation and ra' e a implementation of the Code; and wHEREAs, The Federal Emergency Management Agency requires that the development code be amended to comply with the National Flood Insurance Program; and . � AS, The City of Tigard Planning Commission reviewed the proposed '�•' ' amendments at a public hearing on December 5, 1994 and voted to recommend approval of the amendments to the City Council; and WHEREAS, The City Council held a public -hearing on January 24, 1995 to i ,. consider the amendment. CITY OF TIGARD ORDAINS AS FOLLOWS: ' = SECTION 1: The Community Development Code shall be amended as' shown in Exhibit "A" according to the findings shown in Exhibit "B". '`' T l • This ordinance shall be effective 30 'days after its passage by the '' Council, approval by the Mayor, and posting by the City Recorder. PASSED: By Un rAOt ' vote of all Council members tx present after being read by number and title only, this a.&L10 day of . �e 1004. , Y ittx • .Y Y s rr fi c _ '{amu/ Ile iS�'av` l ! Catherine Wheatley, city Recorder (1L /gig So APPROVED: This day of J l..l { . x 1 ...w. e J Nicoli, Mayor f Approved as to form: ` { Ci y ttorney r; ORDINANCE No. 3 . A ; Page 1 ."1", yi ; a •ti 1 i •;4' AGENDA ITEM # ____pviir. s ' For Agenda of CITY OF TIGAIRD, OREGON COL/NCl/ AGENDA ITEM SUVAARY ISSUE/AGENDA" TITLE Amendments +t' lbC Sect os 8. < , Sens"tine L.ndsl relating r to r_ENA requireme lits_and cl �°3��, oggilocedur`es Y BY: P/� DEAD R CITY ADMIN OK 4 s. ', PREPARED i7.i e ,2 C B. � DEPT.' iYSrC'u8� OK , ISSQ1IC, KEQRS "A.1CM0Sl!`�.•nd i Should the City Council adopted the attached amendments to TDC Section 18.84 to meet FEMA requirement and reorganise and clarify local permit procedures ;. ' for lands involving steep slopes, drainageways, wetlands and the_ 100 year floodplain? ... `.i• _--rte �4 b. '�. �---a.�,a.y.^i `�'""---�---�-L".. '.^"""` it.. STAELRECCr EN ti :It is recommended that the City Council adopt the attached amendments. g1u2s2 Tlm s ix a Last spring, the Federal Emergency Management Agency conducted a review of . ' the city s regulationsand procedures for ;administering and enforcing ;.. floodplain regulations The letter attached to enclosed November 17, 1994 ;1' staff 'report to the Planning Commission indicates the changes necessary -to ` a comply with FEMA. '' While-making the FEMA related changes, it was also decided to reorganize and i '7 . clarify various provisions of the existing sensitive lands code section. These ere included in the recommended amendments. The changes are summarized ` in the November 17, 1994 staff report. The Planning Commission held a public {�. hearing on December 5, 1994 and recommended that the City Council adopt the Y amendments with changes recommended by staff `to reflect recent requests by , s ®VIER ALTERNATIVES CONSIDER D '.. i None W FISCAL NOTES =rf- 0) Not applicable w; J • ys I III • 1 MEMORANDUM 'j CITY OF TIGARD, OREGON y _,, $ tet, TO: Planning Commission . FROM: Dick Bewersdorff DATE: November 17, 1994 SUBJECT: Staff Report Amendments to Floodplain and Sensitive -•;' Lands Regulations , k. Background :. Last spring, the Federal Emergency Management Agency conducted a ''� review of the City's regulations and procedures for administering "3., and enforcing floodplain regulations. FEMA sent the attached letter (June 21, 1994) indicating changes that were necessary to '. comply with FEMA regulations. .' Because of staff vacancies, the City contracted with a consultant : (McKeever/Morris, Inc. Keith Liden) to work with FEMA to draft "' amendments to the city's development code. In making changes tO a ,, '• comply with FEMA, various provisions in the Sensitive Lands Chapter .' „ °°'4 Section 18.84 of the code were also reorganized to help correct ' amb ,guities and clarify provisions. The draft is completed and is now ready for Planning Commission review. ,s ''' Summary of Chancy es, 4y. ..e., '.• o moved parts of Section 18.84.010 to 18.84.015 & .026 T ^ a requires paving in sensitive land areas to receive a , Permit ' o ' adds accessory structures less than 120 square feet to }, the list not requiring a permit ,- -.,. ti.c • :f• . o adds landform alterations up to 10 cubic yards to' the ° ,: RecomnileYldat3.oh The amendments have been reviewed by FEMA. Staff's recommendation • is for the Commission to recommend approval of the changes to Code ' Section 18.84 to the City Council. C r • • re • • • y 4-.r • 4 S. .: • F_T_NDTN ,1 - Z A ,. -01 g_g_ .S°IT,M LA3uDS PEMA3 The following findings are to be included with the Planning „ ,x ° ' Division staff report dated 11-18-94Amendments to Sensitive Lands and Floodplain Regulations: �4. a E CDC GOALS Goal 1. Citizen Involvement. Notice of the hearing and opportunity for response was advertised in the 'local LL paper and request for comment were sent to all CITs, ,' DLCD, METRO, DSL, the Corps of Engineers and FEMA. k, Goal 2. Land Use Planning. Adoption of implementation measures - is provided for under Goal 2 and ORS 197. The proposed measures conform to FEMA requirements and clarify previously approved local requirements. YGoal S Open Spaces, Scenic and Historic Areas and Natural' ; . ' '.A Resources. The proposed revisions aid in controlling ` impact on sensitive land areas including wetlands F e. :` Goal 7. Areas Subject to Natural Disasters and Hazards. The proposed revisions. strengthen city regulations relating a ,'" ,' to floodplains, clarify the decision-making process for • other sensitive lands including steep slopes, drainageways and wetlands and bring City requirements into conformance with FEMA. X a,. MPRE SIVE PLAN POLIC:ES ;;/..:, 1.1.a. This policy requires that legislative changes are y consistent with statewide planning goals and the regional e, consistent development plan. The findings above address the :j statewide goals. METRO was sent a request for comment. ,. -� ` The agency does not regulate sensitive lands. e 2.1.1. This policy requires an ongoing citizen involvement J' process. A request for comment was sent to all City Citizen Involvement Teams and was legally advertised. R a' 2 .1.3 , This policy requires that information on issues be ca ' available. The staff report and findings and proposed ,' ordinance have been available for review since November 1 et ., 18, 1994. O • - 3 .1.1. This policy governs areas with areas having development � x limitations. The proposed ordinance clarifies existing regulations and procedures. 3 .2.1. This policy prohibits landform alterations that would result in rise in the elevation of the 100 r,. year ` a _` ` floodplain. The proposed ordinance adds FEMAmandated requirements to further guarantee no damage or rise in Kms, athe 'floodplain. ` ;,: 3 .2.2.. This policy governs rise in the floodway• oposed ordinance complies wA dards andThe has been reviewed by FEMA during ithFEMthestandevelopment, of the :7::4. provisions. 3 .2.4 This policy governs development related to wetlands`. The _ _ proposed ordinance identifies uses` thatare pe witted without a permit and clarifies permit procedures, that are in compliance with FEMA requirements. 7 d; yyrs�' + w f 1 4 4r Federal Emergency Management Agency ,, 0 • • . .,, ;e Re don X ' b" Federal Regional Center 130 228th Street, S.W. f . - • Bothell, WA 98021-9796 . 4•Z7'- . IFITC4;*1171Mfl:*PI 1 i t .i.",..,,... 'Tune 21, 1994 ii .;1 JO!! 2 4 1994 t The Honorable Gerald Edwards := Mayor of Tigard co .< 13125 SW Hall BoulevardW�/� µ j"•. LL n 9 223 1,4 ` t' ' Dear Mayor Edwards. This letter summarizes our findings from the Community Assistance Visit(CAV) conducted by Katherine Bennett oilVfarch 22, 1994. The purpose of the visit was to review the City's , procedures foradministering and enforcing its floodplain regulations, and to provide you with the most current information on the National Flood Insurance Program,• We also wanted to provide an opportunity to any concerns you may have had about the City's , flood maps or floodplain management program in general. .- r zz " We appreciate the cooperation and assistance of Richard Eewersdorff and Viola Goodwin of the Community Development l artment. Based on our floodplain tour and review of , development records, the City's planning and permitting procedures axe commendable. != - Development records were requestedfor 30 buildings constructed since 1985, and the Community Development Department was able to provide thorough documentation that these { buildings have been located outside flood hazard areas. There are, however, several issues that must be resolved before we can close this CAS' r rt. The City must describe how it plans to address a reinforced dam in Summer Creek which violates City and Federal floodplain regulations. Although your floodplain ', en management program appears to be working quite well, the City also must substantially amend its Sensitive I ands regulations to comply with the National Flood Insurance Program, unless the City has additional regulations for floodplain development besides the Sensitive m Lands Chapter(18.84) of the Land Use Code. Tigard's floodplain regulations apparently en have been revised without our approval since we last reviewed mem in 1987: Changes to the City's floodplain regulations must be sent to this office for review before their adoption. -; Finally, the City must clary its procedures for certifying the as-built conditions of ,`, completed floodplain development. .A `1'iese issues detailed in'the enclosed addendum to this letter, and will require a response` . within 45 days of the date of this letter so that'we stay corachide our evaluation of 1i rd°s, - eligibility for the National Plcod Insurance�gr�n. If.you have questions.or need further . :, assistance, please, cell Katherine Bennett at (206) 487-4713-, Sin•, rely, harler L. Steele, Director 3, 1 itigation Division Enclosures _A . ' cc: Richard ersdorff, TiComi nursity Development Department i David ott, City Jim KeScnedy, me of Laud Ce . tion and Development, Salem 1.. 9 r j; ',..:.',.,,.:,T,..:::''...„ b •' _(: a i• ' • 0 ' I..•.• - 0 Issues Identified in the Tigard Community Assistance Visit (Addendum to Charles L. Steele's Letter dated June 17, 194) ` t . ". urmner� Creek 'loodwav Violation ,,? ?. beaver dam in the flaodway of Summer Creek near SW Mr restore Court has barn • reinforced with concrete, and without a development permit from the City. This violates a : = i and Federal uirements for fl lain develo ment permits (ref. 'Tigard Land Use i�, .,, C City req oodp p a Code section 18.84.015.D and National Flood Insurance Program (NFA) regulations section , r. 60.3(b)(1)). The dam also appears to.violate City and Federal prohibitions against ;., development in the floodway that results in any increase in base ("100-year") flood levels (ref: Tigard Land Use Code section 18.114.040.A.3 and NFIP regulations section 60.3(d)(3)). The NFFYP regulations require hydrologic and hydraulic analyses to demonstrate that development in the floodway results in no rise in the base flood level. We have sent , •, ',--,,' guidance on how to do these "no rise" analyses to Duane Roberts of the Community ? Development Department. lay a, • ,• . The NFFIP regulations allow a community to permit exceptions to the floodway "no rise" ;r ,) �� requirement, provided the community first receives a conditionaal Flood Insurance Rate Map e't ;. and floodway revision fie® FEMA to reflect proposed development. Because the floodway is intended as a planning tool to prevent new development from increasing flood levels in the , t `` community, the exception procedure should be used rarely and as a last resort. An ° , f, application and instructions for requesting map and floodway revisions have been sent to Duane Roberts. !: S ",' 1A . : .` We understand that the City has applied for permits from the U.S. Corps of Engineers and -E�.•• •. the Oregon Division of Water Resources to construct a new dam in place of the existing I = dam If constructed, the new dam would first require a City permit for floodplain development and hydrologic and hydraulic analyses of the dam's effect on the base flood level. If the analyses show the dam to cause any increase in the base flood level, the City ` would need to request a conditional Flood Insurance Rate Map and floodway revision from , 11)4, . FEMA. . # To meet City and Federal floodplain regulations, the City has a few options for dealing with • n. the existing dam: (1) demonstrate through hydrologic and hydraulic analyses that the dam • re results in no rise in the base flood elevation, (2) remove the darn, and (3) apply for a Flood sn Insurance Rate Map and floodway revision. Your response to this letter mut describe how the City plans to correct this violation. +t .a y Floodplain Regulations .4 u Based on our review of Tigard Land Use Code Chapter 18.84, Sensitive Lands, the City must substantially amend its floodplain regulations to comply with the National Flood Insurance Program. The Sensitive Lands Chapter of the Land Use Code does not satisfy f minimum Federal criteria for community floodplain regulations. If the City has additional s regulations to supplement the floodplain requirements of the Sensitive Lands Chapter, they should be submitted to this office for review. Otherwise, the City's floodplain , • { regulations must be amended to: • ti-. a �' 4 • ,.fhb+- y t + '4 '. 1 r:. /'‘-:4"... ' a 1 } i e. 5,c.,' , " • ^ ,` . 'a. 0 -' °:', A. Steele addendum p.2 1. Disallow agricultural and recreational uses as outright permitted uses within 100-year fdoodplains (Code section 18.84.015.A). Aside from structural development, e.` agricultural and recreational uses can involve non-structural development such as fill, i`' grading, and pavement in the floodplain for which permits are required by the A regulations (section 60.3(b)(1)). Under these regulations, development is defined as "any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, or excavation or drilling operations or storage of equipment or nmatenals" (section 59.1). ,k 2. Clarify that permits are required for all development in 100-year floodplahis, including non-structural development as defined above, and substantial improvement to existingstructures (Code section 18.84.015.B & I9 Current language _ } in this i section does not include substantial improvements, defined under the N [P regulations + as "any reconstruction, rehabilitation, addition, or other improvement of a structure, r , the cost of which equals or exceeds50 percent of the market value of the structure before the "start of construction" of the improvement [projects to correct health, 'a;;: sanitary, or safety code violations and alterations of registered historic structures are r exempted]" (section 59.1). re- lit 3. Clarify tat Corps of Engineers, Division of State Lands, Unified Sewerage Agency, and/or other federal, state, or regional agency permits for wetland development are • i not substitutes for City development permits in floodplains (Code section `` t 18.84.O15.C). Tee City must r4,eview all development inn designated flood hazard ` ;'..-e areas, regardless of whether or not these areas are also wetlands, for compliance with , .4, the minimum floodplain management criteria under section 60,3 of the NFIP :;1 regulations. 4. Apply the provisions of Code section 18.84.025.]3 to all new or substantially improved floodproofed structures. (This could be fixed by inserting the word ,t; 'I "improved" between the wo rds "substantially" and "flaodproofed" in this section, ref. li -'4,‘/` NFIP regulations section 60.3(c)(3)-(4).) t. 5. Require that all records pertaining to the floodplain regulations be maintained. (This could be fixed by deleting the words "For all new or substantially floodproofed ' k'' �, structures" in Code section 18.84.025.C, ref. NFIP regulations section 60.3(b)(5).) ti 6. Require all new structures and substantial improvements to be constructed with s ( materials and utility equipment resistant to flood damage. (This could be fixed by r changing the word "utilize" to "utility" in Code section 18.84.026.B., ref. 1 ,t;, regulations section 60.3(a)(3)(ii).) 7. Require manufactured homes to be installed using methods and practices that minimize flood damage, as required for construction and substantial improvements under Code section 18.84.026,0 (ref. NFIP regulations section 60.3(b)(8). It would via _ :• et, - . . ., ., Steele addendum p.3 be helpful to indicate that anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors: (Reference FEMA's "Manufactured k z Home Installation in Flood Hazard Areas" guidebook for additional techniques.) Sample language for this provision is provided in the enclosed FEMA Region 10 • .: Model Flood Damage Pr vention Ordinance section 5.1-1. ,_t, "k Y S. Delete reference to the Uniform Building Code and Uniform Plumbing Code in Code te-,k k_.., section 18.84.02a6.E. The reference changes the meaning of the Federal floodplain �: ':; rraent requ rement (lam regal tons section 60 3(a)(5)-(6)) that ttais dodo '•t .. section is meantto satisfy. The Federal requirement pertains to community mnunity water t` ,Y supply systems which the UBC and UPC do not address. I.;,, t 9. Require that all subdivision proposals in the 100-year floodplain: ,y ;, �I. (1) be consistent with the need to mi nnrize flood damage, 3- (2) have public utilities and facilities such as sewer, gas, electrical, and water systems ' t. located and consuucted to minimize flood damage; (3) have adequate drainage provided to reduce exposure toflood damage, and { 7 (4) if located where base flood elevation data has not been=providedd by FEMA or is { not available from another authoritative source, and if the proposal contains at least , 50 lots or 5 acres (whichever is less), generate base flood elevation data, -.._ Sample language for this provision is provided in our model ordinance section 5.1-4 (ref. 1PIP regulations section 60.3(a)(4) & (b)(3)). 10. Requirere manufactured homes that ato be placed or substantially unproved within zones Al-30, AH, and AE to be elevated on a permanent foundation such that the _� lowest floor is at or above the base flood elevation, and securely anchored to an adequately anchored foundation system (ref. model ordinance section 5.2-3 and NFIP ...':;..r e, `rregulations section 60.3(c)(6). x. 0 ' 11. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless certification by Oa a registered professional engineer or architect is provided demonstrating that • { encroachments shall not result in any increase in flood levels during the occurrence of , ''= U ' the base flood discharge. If this provision is satisfied, all new construction and 4. substantial improvements must comply with all applicable.floodplain development .. requirements (ref, model ordinance section 5.3 and NP!? regulations section 60.3(d)(3)). j f , lit( , ";3 3 4 t Fes::_ } ..y 4 d.. •. .F ,I., R k .. *.t i,+, ^`i .. 4 ;. .. ♦ .5 � �.. ,'''''''.:'''%'''" 41 � YFj % 1,:"•:':- ,~ Steele addendum p,4 The City must formally adopt these amendments to its floodplain regulations in order to 'Yaremain'eligible for participation in the National Flood Insurance Program. A draft of the amended regulations must be sent to this office for review before they are adopted and within.45 days of this letter's date. A final copy of the amended regulations, once adopted, also must be sent to us for approval and to close out this CAY. Records and Insspectlaq, „• .; The City is responsible for obtaining and maintaining records of permits and as-built conditions of all development in the floodplain (NFIP regulations sections 60.3(b)(5), 60.3(c)(4), & 60.3(c)(5)). The Community Development Department keeps on file thorough rmit application records that include construction plans, location relative to the floodplain, and proposed elevation of development, Although this information demonstrates good Planning. it does not document the as-built conditions of completed development, Because no new floodplain development has been approved in some tune, no information was available dining the CAV on the City's procedures for obtaining and maintaining the as-built • } ." documentation required for floodplain development, Your reply to this letter must describe how the City obtains and records the as-built conditions of completed floodplain development, anclud g elevation or floodp ing certiffication, and openings in enclosed:dress below the lowest floor of elevated floodplainstr�aietazres to allow for the passage; of floodwater. • { 4 1.. 4 111 i2 ry } Exhibit 'Ass ,. I ' 0 :, ;3 {, _ 3, Language to be added is bold, :, Language to be deleted is bold/ e. Chapter 18.8 , ;1 SENSITIVE LANDS e', ' ` ections L +.. r 'J. " 18.84.010 Purpose ;- 18.84.015 Applicability of Uses: Permitted, Prohibited, and .. :.- Nonconforming ' ;d; ;i '.'-• 18.84.020 Administration and Approval Process • 18.84.025 Maintenance of Records ;,< 18.84.026 Genera]. Provisions for Floodplain Areas 18.84.028 General Provisions= for Wetlands <' , ..1....' 18.84.030 Expiration of Approval: Standards of Extension of Time 18.84.040 Approval Standards 18.84.045 Exception for Development in the 108th! 113th Ravine below , :, the 140 Feet Elevation 1 18.84.050.84.050 Application Submission Requirements 18.84.060 Additional Information Required and Waiver of Requirements . 18.84.070 Site Conditions a` 18.84.080 The Site Plan 18.84.090 Grading Plan IA ., 18.84.100 Landscaping Plan ,• 18.84.010 pad qme A. Sensitive lands are lands potentially unsuitable for development because of their location within: 1 a. 1. The 100-year floodplain; 2. Natural drainageways; 3. Wetland areas which are regulated by the other agencies . including the U. 8. Army Corps of Engineers and the 0 Division of State Lands, or are designated as significant wetland on the Comprehensive Plan Floodplain and Wetland ; Map; and ,; _ Y 4. Steep slopes of 25 percent or greater and unstable ground. i. Draft-member 6,1994 .1 Ot pug 18.84 SENSITIVE,LANDS Exhibit W a �• B. Sensitive land areas are designated as such to protect the public heig1Wh, safety, and welfare qiiit.he community through fthe regulon of these sensitive is areas. " C . Sensitive land regulations. contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank :- ' stability, maintaining and enhancing water quality', and fish . a, . and wildlife habitats, and preserving scenic quality and recreational potential►. A;. D. The regulations of this chapter are intended to implement the comprehensive plan and the - . . fi.;- pCities f ldod.Plain nanagememt program as re• .ired b. the National Flood In ance Pro• ' am, ; and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 aero-font rise floodway elevation. - 9 $ qua" R s - its 11,- cis 1 _ 5 t. •` G w . Air 42 Draft-December 6,1994 Page-2 Chapter 18.84 SENSITIVE LANDS Exhibit'A' L . y• ,0 A• • "c.b. .t oe Uses: re_, ed 41 %. * ! .. e.. _I eetnformning • . 41, r r, A. Outright Permitted Uses - o Permit Required Except as provided by subsections 18.84.01 a.3,` D. and E e, the ;s. following uses are outright permitted uses. within eemeies&te e the 100-year floodplain, drainageways, slopes that y ... are 25 percent or greater, and unstable ground when the use J does not involve paving. For the- purposes of this chapter, the word egstructnreet shall exclude: children11s play equipment,, picnic tables, sand boxes, grills, basketball hoops and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play arease. 2. c Farmuses conducted without locating a • . ` structure Within the sensitive land area :�;:cies- . •y. wetalendse 3. Community recreation uses , . . • - �. s �, .. > � x � 't:•- , _ , excluding sicbturese m ' 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources; 5. Removal of poison oaktansy ragwort, blackberry, or other noxious vegetation; y • 6. Maintenance of floodway excluding rechanneling; end 7 e Fences, exceptarea;in the fl.00dwa � Y { S. Accessory structures which are less than 120 square feet :rx in size, except in the floodway area; and 9. Landform alterations involving up to 10 cubic yards of • material, except in the floodway area. • ; •,1: S. Administrative Sensitive Lands Permit 1. ilreperates Administrative sensitive lands "permits in the 100-year floodplain, drainage y, slopes that are 25 %+ { a percent or greater, and unstable ground shall be obtained from the appropriate community development division for ► the following: Ia. The City Engineer shall review the *installation of public support facilities such we underground , utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons; • .. Draft-December 6,1994 } mer 3 "' Chapter 18.84 SENSITIVE LANDS Eafiibi2" 5 . ; b. The Cit Engineer shall review minimal ground xiiisturbaance(s) or landform erations involving 10 .; SO cubic yards of iaal, except in the , • =' , • floodway area, for land that is within public ,{_ . , easements and rights-of-way; • .. 2c. The Director shall review Mminimal ground disturbance(s) o or landform alterations involving 10 to SO cubic yards of material, except ,4 ,§ 2. in the floodway areae . - -.•''' .:-* ad. The Director shall review the &repair, reconstruction, or improvement of an existing s;.vucture or utility, the cost of which is less than 50 percent of the market value of the ' :• structure prior to the improvement or the damage . ,'''.1 requiring reconstruction provided no development ' occurs in the floodway; ..'.:.8, ..,, 4e. The Building Official shall review building permits • for accessory structures which are 120 to 528 : square feetin size, except in the floodway area: $ and Sf. The Director shall review applications for paving ', f on private property, except in the floodway area. V f. The responsible community development division shall ): approve, approve with conditions, or deny an application for a development permit, as described above in + •, Subsection 1., 'based on the standards set forth in • sections 18.84.026, 18.84.040, and 18.84.045. n . ,a C. Jurisdictional Wetlands ' :i I. 4, x. Landform alterations or developments which are only within ' 4 wetland areas that meet the jurisdictional requirements and r , ,,,, permit criteria of the U.S. Army Corps of Engineers, Division • of State Lands, Unified Sewerage Agency, and/or other federal, - state, or regional agencies do not require a sensitive lands permit. The City shall require that all necessary permits fe ;i from other agencies are obtained. All other applicable City " requirements must be satisfied, including sensitive land A for areas within the 100-year floodplain, slopes of 25 percent ' re {, or greater or unstable ground,' drainageways, and wetlands '.• a- ; which are not under state or federal jurisdiction. co D. A OCnJit _ , :� _ i M = 1,. e 'T• .. • Draft-December 6,1994 .- } *^ Chapter 13.84 SENSfl1VE LANDS 9' t ''1 r + A .. -- D. sensitive Lands Permits Issued by the Director 1. - • Theerector shall have the 4IkthoritY to issue a . 4 6sensitive lands pelt in the followingareas• 'k ' a- Draigeways b. Slopes that are 25 '` .. _ � percent' or greater or unstable. ground; and c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan FloodPlein end Wetland HAP. ,; 2 Sensitive lands permits shall be required for the areas= in Subsection D. 1. above when any of the following circumstances apply: am Ground disturbance(s) or landform alterations involving more than 50 cubic Yards of material; • b. Repair, reconstruction, or improvement Of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of .. the structure prior to the improvement or the damage requiring reconstruction; c. es dot ,al ced mop�ros$denti.asnl ffitruetures intended for, human habitation; and m 4. Accessory structures which are greeter than 528 squire feet in sise0 • E. Sensitive Lands Permits Issued by the Hearings Officer 1. The Bearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain. . Sensitive lands permits shall be required in the 100-year floodplain when any of the following circumstances apply: • ak r„ a s Ground disturbance(s) or landform alterations in all floodway areas; and Ground disturbance(s) or landform alterations in flocrlNaz` fringe locations involving more than 59 cubic yards of material; c. Repairs reconstruction, or improvement of an existing structure or utility, the cost of which , 11 tna equals or exceeds 503 percent of the. market value of the structure prior * to the improvement or tee . • damage requiring reconstruction provided So 5; { development occurs in the floodway8 4 + d. structures intended for human habitation; and _•may{t Draft•December 6,1994 , 5 • { + Yw' a pter 1&34 SENSt1WE LANDS ;; 44. Aceess�® • Accessory structures which are greater than 528 ,. e feet in size, outsid f floodway areas. a '. Except as explicitly authorized by other provisions of this :* chapter, all other uses are prohibited, on sensitive land areas. -, ,:: PG. A use established prior to the adoption of this title, which e would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall 4 ,, be considered a nonconforming use. Nonconforming uses shall r . be subject to the provisions of Chapter 18.132. (Ord. 90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 84-36; Ord. 83-52) n�tit r,�:'' . ' 0 Idrenis ratio : -nd F . • oval 4, 0 esy i, A. The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. D. A preapplication conference with City staff is required. (See i4 t ; Section 18.32.040.) If uncertainty exists in regards to the location or configuration of wetland areas, staff shall make an on--side inspection prior to an application being initiated s'a ' ''. to determine the nature and extent of the resource. If ' necessary, assistance from state and federal agencies shall be sought toprovide the applicant additional information. efee C. Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant ,.. -j:; during the preapplication conference is valid for not more than six months: 1 . Another preapplication conference is required if any ' "^i4 variance application is submitted more than six months t, s, after the preapplication conference; and Y 2. Failure of the Director to provide any of the information ' required by this chapter shall not constitute a waiver of e the standard, criteria or requirements of the e e = application. D. The appropriate community development division shall approve, a ' approve with conditions, or deny an application for an v ' administrative sensitive lands per it within the 100-y°ear car _ floodplain, drainageways, slopes that are 25 percent or greater, and unstable ground as set forth in Subsection , 18.84.015 B. 4 en 0 E. The Director shall approve, approve with conditions, or deny e`. f ,,, an application for a sensitive lands permit as set forth in Section 18.84.015.D. The decision made by the Director may be i appealed to the eel Hearings Officer as provided by Subsection 18.32.310.A, . Draft-December 6,1994 Page-6 : ' :` Chapter 18.84 SENSMVE LANDS Exhibit'A'. • DF. The Hearings Officer shall approve, approve with conditions, Y ` or deny aaditplication for a sensitive nds permit within the 100-Year ilarodplain as sect forth in aipsecticat 18.84.015 B. • The Hearings Officer's decision may be reviewed by the Council" N as provided by Subsection 18 32.310.;8. ' r F. -The. appropriate..approval- authority shall review all. sensitives ,._. x lands permit applications 'to determine that all necessary e , permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also. required. O. The Director shall notify communities adjacent to the affected x,. area and the State Department of Land Conservation e , • and ,Development prior to any alteration or relocation of a :4 watercourse, and submit evidence of such notification to the - Federal ,Insurance Administration. H. The Director shall require 'that maintenance is provided within the altered end, or relocated portion of said a watercourse so , that the flood-carrying capacity is not diminished. Jee The appropriate approval. '` authority shall apply the standards set forth in efebeSections 3.8484.026, 18.84.040, and 18.84.045 when reviewing an. °' app?i.cation for a sensitive lands permit. t .. spa The appropriate approval authority shall require that the elevations and floodproofing certification required in Section 18.84.025 be provided prior to occupancy or final approval of • • ,., 4. all new or substantially improved structures. ' ax., The Director shall give notice of applications to be heard by 4 . • the Hearings Officer as provided by Section 18.32.130. - EL. The Director shall mail notice of any sensitive lands •3 application decisions in Subsections 18.84.015 D. and B. to 3 7,' rt i the persons entitled to notice under Section 18.32.120. ` (Ord. j ._ 90-29; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) . ;i 18,84.025 Maintenance of Records 41 .t• `'t A. Where base flood elevation data is provided through th•e Flood Insurance Study, the Building Official shall obtain and record: the actual elevation (in relation to mean sea level) of the ` lowest floor (including basement) of all new or substantially f!) improved structures, and whether or not the structure contains a basement. B. For all new or substantially improved floodproofed structures, ,. the Building Official shall: 1. Verify and record the actual elevation (in relation to mean sea level) ; and 2. Maintain the floodproofing certificationsrequired in this chapter. ' ' haft-December 6,1994 =a Chapter 18.84 SENSITIVE LANDS unit"A" C. — The �. ' Director - aintain for public inspection all other records pertaining to the provisions in this chapter. (Ord, 89- , ' 06; Ord. 87-66; Ord. 87-32; Ord. 83-52) '. 18 84.426 General Provisions for Floodplain Areas ' A. The appropriate approval authority 'shall review all permit applications to determine whether proposed building sites will . . be safe from flooding. B. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood ensuranc-. Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February 1984) is hereby adopted by reference and declared to be part of this chapter. 'this ' Flood Insurance Study is on file at the Tigard Civic Center. j: C. Oben base flood elevation data has not been provided A accordance with Subsection 18.84.026. B., the Director shall obtain, review and reasonably utilize any base flood elevation x _ i and floodway data available from a federal, state or other source, in order to administer Subsections 18.84.026.M and N) D. Where elevation data is not available either through th 1, Flood Insurance Study or from another authoritative source, ,' applications for building permits shall be reviewed to assure ' that proposed construction will be reasonably safe from 4, flooding. The test of reasonableness is a local judgment and ,,' includes use of historical data, high water marks, photographs ''` of past flooding, etc., where available. Failure to elevate b at least two feet above grade in these sensitive land areas may result in higher insurance rates. • Ft '! ra?-i. �-$:•r+.91101I •t ? YD-r)t-..=..."1 - •:ice.t . et•z•.=>ri"•. fie = t' • j.. OF. All new construction and substantial improvements. s.nol.0 i:ang manufacture+& homes, shall be constructed with materials and uteleme utility equipment resistant to flood damage. G. All new construction and substantial improvements. ncludii g mads factured homes, shall be constructed using methods and practices that minimize flood damage. R. Electrical, heating, venntilation., plumbing, and air- conditioning equipment and other service facilities shell be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Draft-Member 6,2344 -8 Oyster 1&M SENSmvs LANDS Exhibit W' a=.,'-i . . •. . , it _ r . , = ..t ' -''— '3�' 'a c'. Y' tl* w('-' r BZ. All new and replacement water supply systems shall be designed to minimiz r eliminate infiltration . floodwaters into the system ~: 12.7. All new construction, ali manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, . * or lateral movement of the structure. GR. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters >' into the systems and discharge from the systems into floodwaters. r. on-site water disposal systems shall be located to avoid ,' impairment to them or contamination from 'them during flooding. _4' . Residential. Construction 1. New construction and substantial improvement of any . residential structure, ether than a including manufactured homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood elevation; and 2. Fully enclosed areas below the loweet floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of ,; floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer • or architect, or ; must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding ,.;hall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and .,. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood . waters. • • 3. Manufactured homes shall be securely anchored to anadequately anchored pe neat foundation system. Anchoring methods may include® but are not limited too use of over-the®top,or frame ties to ground anchors. Draft-fiber 6,1994 • Pa 9 Chapter 18.84 SENSITIVE LANDS Exhibit aA° • Eu Nonresidential Construction• 46- New struction and substanti improvement of any . commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or #..` together with attendant utilityand sanitary facilities, shall: • 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2... Have structural components capable of resisting • " 1 hydrostatic and hydrodynamic loads and effects of buoyancy; ,{ �. Be certified by a registered professional engineer 0. , or architect that the design and methods of •.t` = construction are in accordance with accepted xr; standards of practice for meeting provisions of :)-*Zz. { this subsection based on their development and/or =' review of the structural design, specificati.,ons and plans. Such certifications shall be provided to the Building Official as set forth in Subsection 18.84.025.B;, and 3 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as Y1~ecribed in 18.84.026.1.2. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums Will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the base flood level will be rated as one foot below that level) . (Ord. 94-05; Ord. 89-06; Ord. 87-66; Ord. 87-32) r '. ' O. Subdivisions and partitions in the 100-year floodplain shall meet the following criteria: ,; 3 :;r ; 3.. The design shall minimize the potential for flood daaage ,'. 2. Public utilities and facilities such as sewer, gas, f COM electrical, and water systems s > hall be located and constructed so as to minimize flood damage; {: . 3. Adequate drainage shall be provided to reduce exposure to flood damage; and Le 4. For subdivisions or partitions which contain more than 50 . lots or 5 acres and where 'bane flood. elevation data is , not available from YEMA or another authoritative source, the applicant shall generate base flood elevation data to t be reviewed as part of the application. 1= '* Draft-December 4 19 5 Page 10 }#fi Chapter 18.84 SENSITIVE LANDS Ezdtibit"A" '...,..-. :♦ ice .. - '. ; • - { f__________ _ _for• Wetlands A. Wetland Sulations apply to thou areas meeting the definition of wetland in Chapter 18.26 of the Community Development Code, areas meeting Division of State Lands gee wetland criteria and to land adjacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon," Scientific Resources Incorporated, 1990. B. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary. ' `; Wetland delineation will be done by qualified professionals at the applicant's expense. (Ord. 90-29) ae - j,•0.84.030 iraticin of pproval: Stancards for Extension of Time - '. A. Approval of a sensitive lands permit shallbe void. if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or 2. Construction on the site is a departure from the approved plan. B The Director shall, upon written request by the applicant and a ent of the required fee, grant an extension of the payment period not to exceed one ear, provided that: ; 1. No changes are made on? the original plan as approved by - the approval authority; 2. The applicant can show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. { C. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as ' " provided by Subsection 18.32.310.A. (Ord. 90-41; Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.040 Approval Standards -11 A. The appropriate approval authority shall • - approve or approve with conditions an application request C3 within the 100-year floodplain in subsections 18.84.015 B0 and ui E. based upon findings that all of the following criteria have been satisfied: 4,1 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero- foot rise floodway shall not result in any eacroachments9 Draft-December 6,1994 Page-11 Chapter 18.84 SENSITIVE LANDS Exhibit'A' a jn-a lnd no„ till . _ new' ' construction a etaintjal • .i tl'f.. '-the.v eve •o it :,' 1 t„ L'.F,i2'14.►+Ie: ..(' �= e_. e...ee cert ed by a registered „ profes.,' :.onal engineer that the .,`croachment will not result in any increase in flood levels during the base flood discharge; 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or • public support facilities as defined in Chapter 18.42 of a • the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; S Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is; deemed by the Hearings Officer as untimely; • gar 5. The plans for the pedestrian/bicycle pathway indicate • that no pathway will be below the elevation of an average annual flood; .4, 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within and adjacent, to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the ' construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathwax plan. D. . The appropriate approval authority Defector shall approve or approve with conditions an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable- ground in Subsections 18.84.015 B. and 0. based upon findings that all of the following criteria have been satisfied: ti uj 1. The extent and nature of the proposed land form • alteration or development will not create site disturbances to an extent greater than that required for the use; { Draft-December 6,1994 Chapter 18.84 SENSITIVE LANDS Exhibit"A" • " 2. The proposed land form alteration or development will not °; '"a resu in erosion, stream imentation, ground inst ity, or other adverse -site and off-site. _ ;` effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of 1,, z j; `. foundation and crawl.space areas for development with any { j of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and s ., shallow depth-to-bedrock; and , > 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, } Landscaping and Screening. , , "—=. C. The appropriate approval authority shall approve or approve with conditions an application request for a sensitive -, .. lands permit within drainageways in Subsections 18.84.015 B. and D. based upon findings that all of the following criteria t" , have been satisfied: 3. 4,__,...; 1. The extent and nature of the proposed land form §; alteration or development will not create site < ., _, disturbances to the extent greater than that required for , :.'°` the use; x 2. The proposed land form alteration or development will not 4� result in erosion, stream sedimentation, ground 7; h `.; instability, or other adverse onsite and off-site effects or hazards to life or property; 3. The water flow capacity of the sirainageway is not 4'; ' decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by i ' °' structures or impervious surfaces will be replanted to . prevent erosion in accordance with Chapter 18.100, . }k;• Landscaping and Screening; 5. The drainageway will be replaced by a public facility of ' a. . adequate size to accommodate maximum flow in accordance �xp with the adopted 1981 Master Drainage Plan. r: , 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals M shall be obtained. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area • within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a #: , pedestrian/bicycle pathway within the floodplain °in y Draft-December 6,19914 Page-13 Chapter 1824 SENSITIVE LANDS Exhibit'A' accordance with the adopted pedestrian bicycle pathway ': plan (Ord. 90-29, Ord. 90-22141p. 89-06; Ord. 87-66; t= Ord. --32; Ord. 86-08; Ord. 84 Ord. 83-52) _ : D. The Director shall approve or approve with conditions an '.'r ' ',7".. ; application request for a sensitive lands permit within wetlands in Subsection 18.84.015 D. based upon findings that =�: all of the following criteria have been satisfied: " 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Nap nor is within 25 feet of such a wetland; { ` 2 The extent and nature of the proposed landform alteration ., or development will not create site disturbances to an extent greater than the minimum required for the use; '--.' - 3. Any encroachment or change in on-site or off-site ' drainage which would adversely impact wetland '.. characteristics have been mitigated; .,. , '' 4. Where natural vegetation has been removed due to landform ,,, alteration or development, erosion control provisions of ;, the Surface Water Management program of Washington County . must be met and areas not covered byfstructures or .,. impervious surfaces will be replanted in like or similar ,ty species in accordance with Chapter 18.100, Landscaping I . yt and Screening; ;. ,? 5. All other sensitive lands requirements of this chapter , have been met; . 6. The provisions of Chapter 18.150, Tree Removal, shall be met• i,i. 7. Physical Limitations and Natural Hazards, Floodplains and e. Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been a, satisfied. (Ord. 90-29; Ord. 89-06; Ord. 87-66; Ord. 87- 32; Ord. 83-52).n f 18.84.045 Exce.tion for 'eve,o.aye t of the le,8th 3.]3th Ravine below the 140 Feet Elevation ; A. Under the sensitive lands permit process, the appropriate approval authority ,:. ' , as set forth in Subsections _' 18.84.015 B. and D.. may allow portions of the ravine at 108th and 113th, designated as a significant wetlands area, to as develop provided that all of the following criteria _are met:us 1. All of the land (within the ravine) being considered for i ' development is less than 25 percent' slope; 2. There are no unstable soil conditions on the land being considered for development; and ' 1',r ' Draft-Deoeaiber 6.1994 Page -14 , Chapter 18.84 SENSITIVE LANDS Exhibit'X ....... * roc '�i Ti i.•. , Fr •? • 3. Applicable provisions of Secti• . 18.84.040, Sensitive LanoVIMpproval Criteria shall • et. (Ord 90-29; Ord. 89 Ord. 87-66; Ord. 87-32; • `d. 83-52) • r , , 18 0 84.050 lacat uca1R Subya*se't e renteE'sts A. All applications for uses and activities identified in } Subsections 18.84.015 B. through B. shall be made on forms r . provided by the Director and shall be accompanied by: 1. Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards. (number to be determined at the preapplication conference) and: a. The scale for the site plan(s) shall be a standard engineering scale; and " b. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4 • inch by 1/8 inch to the foot; 2. A list of the names and addresses of all persons who are " property owners of record within 250 feet of the site; and 3. The required fee. B. The required information may be combined on one map. . C. The site plan(s) , data and narrative shall include the following: } ,•; 1. An existing site conditions analysis, Section 18.84.070; • 2. A site plan, Section 18.84.080; 3. A grading plan, Section 18.84.090; and. 4. A landscaping plan, Section 18.84.100. (Ord. 90-29 Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.060 Additional 7Cnformation Eeeuixed and waiveW of ReexMInts A. The Director may require information in addition to that ' required by this chatpter in accordance with Subsection 18.32.080.A. ,B. The Director may waive a specific requirement for information • CD in accordance with Subsections 18.32.080.8 and C. (Ord. 89- 06; Ord. 87-66; Ord. 87-32; Ord. 83-52) —11 Draft-Deoember 6,1444 Pass-15 w='' Chapter 15,84 SENSITIVE LANDS Exhibit°A' 8 84.070 e o ::t. + S { . A. The site lysis drawings shall inc e. $ 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations;. 2. The site size and its dimensions; eel 3 Contour lines at two-foot intervals for grades zero to e" ten percent and five-foot intervals for grades. over ten percent; y .al 4. The location of drainage patterns and drainage courses; . 5. The location of natural hazard areas including } a. Floodplains areas (100-Year floodplain and , 'f loodway) e b. Slopes in excess of 25 percent; e. c. Unstable ground (areas subject to slumping, earth 4 p 'slides or movement) ; d. Areas having a high seasonal pater table within 24 inches of the surface for three or more weeks of the year; Y=i e. Areas having a severe soil erosion potential, or as defined by the Soil Conservation Service; and } f, Areas having severe weak foundation soils; 6. The location of resource areas as shown on the comprehensive plan inventory map and as required in Section 18.84.035 including: a. Wildlife habitat; and b. Wetlands; 7. The location of site features including: : a. Rock outcroppings; and PC b. Trees with six inches caliper or greater measured four feet from ground level; CIS 8. The location of existing structures on the site and proposed use of those structures. (Ord. 89-06; Ord. 87- 66; Ord. 87-32; Ord. 83-52) -zt,. Draft-December 6,1994Page `96 t , • 4..', Chapter 18.84 SENSE LANDS s z ! t i i s "4A. 4 "iq j,$.$4.t!$A The Sits plan A. The prop• site development plan s be at the same scale ` as the s e analysis plan and shall include the following . . • information•. ' 1. The proposed site and surrounding properties; , *' 2. Contour line intervals (see Section 4.8.84.070.A.3) ; x 3. The location, dimensions„ and names of all: ;, a. Existing and platted streets and other public ways" and easements on the site and on adjoining properties, and b. Proposed streets or other public ways and easements on the site; '' 4. The location and dimension of: a. Entrances and exits on the site; • '• . b. Parking and traffic circulation areas; c. Loading and services areas; t..: d. Pedestrian and bicycle facilities; 1 e. Outdoor common areas; and f. Utilities; , _ , 5. The location, dimensions, and setback distances of all: , ` a. Existing structures, improvements, and utilities J : which are located on adjacent property within 25 feet of the site and are permanent in nature; and T ', b. Proposed structures, improvements, and utilities on t the site; r;. • x " 6. The location of areas to be landscaped; 7. The concept locations of proposed utility lines; and 1. . 8. The method for mitigating any adverse impacts :upon wetland, riparian, or wildfire habitat areas. (Ord. 89- 06; Ord. 87-66; Ord. 87--32, Ord. 83-52) 4. r° 0 ' 18.84.090 Gradin plan 81i _ A. The site plan shall include a grading plan which contains the following information: 1. Requirements in Sections 13.84.070 and 18.84.080; d yr Draft-December 6,,1994 Page:i7 } Chapter 18.84 SENSrTt'V$1.ANt35 Exhibit'A" 2 h 73 + ;s - . � tp -.".t A � } '�I t Z .1 . .Si .z--' rJn j,..• ..:',.:.=. y4ir Tl'":',... u•I ... t . i: } L • s 2. Tie identification and location of the benchmark and • co ending datum; 0 • • '. - 1:-'4*-'+y. 3. LocatiOn and extent to which grading will take place e. indicating. contour lines, slope ratios, and.. slope ° ' stabilization proposals; and :'*:_,".':'''.' • 4- A statement . from a registered engineer supported by factual data substantiating: a. The validity of the:slope stabilization proposals; { 4: b. That other off-site impacts will not be created; c. Stream flow calcalat.i.ons, d, Gut and fill calculations;' .and f e. Channelization `measures proposed. (Ord. 89-06; ord. 87-66; Ord. 87-32;, Ord. 83-52) 5 , � P a �•8 � �� lnd�ca�an A. The landscape plan shall be drawn at the same scale asthe site analysis plan, or a larger scale if necessary, and shall indicate: '' 1. Location and height of fences, buffers, and screenings; 2. Location of terraces, decks, shelters, play areas, and .. comelon open spaces where: applicable; and b''' 3. Location, type, and size of existing and proposed plant , ., .., ° . „ {,°. materials. B The landscape plan shall include a narrative which addresses: ,. 1. Soil conditions; and "* 2. Erosion control measures that will be used. (Ord. 89-06; Ord. �y�p 6, Ord. ®ry"�y p Ord.s: 83-52) f .'; , ®. 1 kt HC/ACT.dOc (DOS) TchCSL.14L •y • hs\login\patty\tcaicsl.144 CO (ALso on 5 % flimsy) )) CO t` Rei - t a j. i -',.'..:`1.--'''; 1 Dr -Da ensbcr 6,1994 ; Chapter aft 18.84 S NST1 WIB LANDS 21th itnt'Au t u' ; - . 410 Exhibit "En r :' o t4gpT�1Y T f �T pLAfS s The following findings are to be included with the Planning : Division staff report dated 11-18->94 Amendments to Sensitive 4 ` Lands and Floodplain Regulations: n Goal 1. Citizen Involvement. Notice of the hearing and ~' opportunity for response was advertised in the local paper and request for comment were sent to all CITs, DLCD, ,TRO, DSL, the Corps of Engineers and FETA. Goal 2. Land Use Planning. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The, proposed I;% measures conform to PENA requirements and clarify "' previously approved local requirements. • Goal 5. Open Spaces, Scenic and Historic Areas and Natural. Resources. The proposed revisions aid in controlling impact on sensitive land areas including wetlands. ; Goal 7. Areas Subject to Natural Disasters and Hazards. The proposed revisions strengthen city regulations relating to floodplains, clarify the decision-making process for other sensitive lands including steep slopes, drainageways and wetlands and bring '.City requirements into conformance with FSA. COENSVE PO CI ,8 1.1,a. This policy requires that legislative changes are ;s = consistent with statewide planning goals and the regional development plan. The findings above address the statewide goals. METRO was sent a request for comment. The agency does not regulate sensitive lands. 2.1.1. This policy requires an ongoing citizen involvement am process A request for comment was sent to all City Citizen Involvement Teams and was legally advertised. 2.1.3. This policy requires that information on issues be available. The staff report and findings and proposed ;< ordinance have been available for review since November 18, 1994. 3.1.1. This policy governs areas with areas having development limitations. The proposed ordinance clarifies existing 1 regulations and procedures. 3.2.1. This- policy prohibits landform alterations that would a ... y t 4' "* r , j e � z i %14 ,,* j x • result in rise in tkie elevation of the 100 year ;: floodplain. The proposed ordinance adds FEL4A mandated 4, requirements:. to further guarantee no damage or rise in the floodplain. 3.2.2. This policy governs rise in the floodway. . The proposed ordinance complies with FEMA standards and has been reviewed by FEt4A during the development of the provisions. 3.2.4. This policy governs development related to wetlands. proposed ordinance identifies uses that are permitted without a permit and clarifies permit procedures.thatfie ' in compliance with FEMArequirements. ° • _s. a. ILI l i . . Y. r H" :waj, ..,. +:�...'.Y z j yt d^;: ''s r,', t:x ; :5 { s ^'>.,. d .,s, `:' � A . •i '>.. .tee . '.'"4:',•, t.t' ""''*. ',"....."•••., *'' $1,., ' '' .. • • , .T.0". ', , • -• -•.,,,' .t4". ••* • ,• • ' ' •• ., a." . 4' i'',7,•:- '''' ' 41 0 .. , .' ,.•-. -.4 Federal Emergency Management Agency • Region X ... •,,,.., ; t .‘..!'•-• - .A.,*- " -, .„ ,,, „t• Federal Regional Center RECEIVED PLANNING 130 228th Street, S.W. Bothell, WA 98021-9796 JUL11994 . 's •• , . ... .., , ..... . , .. . -.7......:, ... , 1.... .., .. ... June 21, 1994 • :•-.7.., •*. •i .4.1 ...4„ '1.. . '' ' The Honorable Gerald Edwards Mayor of Tigard 13125 SW Hall Boulevard , --: Tigard, Oregon 97223 ,;,-e-sk•i•-: :1•.::.-'1 . Dear Mayor Edwards: = .' :.• - This letter summarizes our findings from the Community Assistance Visit (CAV) conducted • by Katherine Bennett on March 22, 1994. The purpose of the visit was to review the City's ..' t it: •-• procedures for administering and enforcing its floodplain regulations, and to provide you ,•: - with the most current information on the National Flood Insurance Program. We also •-4,-.' ":;- ' wanted to provide an opportunity to discuss any concerns you may have had about the City's ...' flood maps or floodplain management program in general. .. . We appreciate the cooperation and assistance of Richard Bewersdorff and Viola Goodwin of the Community Development Department. Based on our floodplain tour and review of ... . et•'-:', development records, the City's planning and permitting procedures are commendable. ,r Development records were requested for 30 buildings constructed since 1985, and the e Community Development Department was able to provide thorough documentation that these buildings have been located outside flood hazard areas. , t -„-•,tet ''..•4 *4';' ' , . ••.:**.i':;'''' There are, however, several issues that must be resolved before we can close this CAV , report. The City must describe how it plans to address a reinforced dam in Summer Creek . -• - tio which violates City and Federal floodplain regulations. Although your floodplain , — management program appears to be working quite well, the City also must substantially 1.- - amend its Sensitive Lands regulations to comply with the National Flood Insurance Program, E, L ‘ unless the City has additional regulations for floodplain development besides the Sensitive :, ...4 Lands Chapter (18.84) of the Land Use Code. Tigard's floodplain regulations apparently '•• 0 tt. , 0 have been revised without our approval since we last reviewed them in 1987. Changes to the '. City's floodplain regulations must be sent to this office for review before their adoption. , Finally, the City must clarify its procedures for certifying the as-built conditions of • , completed floodplain development. • ' • .•,;- .k.' .:',-• '..,' .:,-.• ,',.'•o• '41''''-,4- " ,.. -- ,•. , .,. ."... ."4. 4 14 ',;''''' '4' -. -',1-4':"-4* .,2„•-•-•.;"4„ '-„, ','•4''k :;-'4'" 4 . -- , '4'%'- ''''.:.'44- ' ' '';', "" T't*.t.4' .4:' s a These issues are detailed in the enclosed addendum to this letter, and will require a response - , The', within 45 days of the date of this letter so that we may conclude our evaluation of Tigard's . , • eligibility for the national Flood Insurance Program. If you have questions or need further .1 assistance,please call Katherine Bennett at (206) 487-4713. Sin -rely e 019 harles L. Steele,'Director k -- Mitigation Division ,'.- Enclosures `' cc: Vltichard Bewersdorff, Tigard Community Development Departtment David Scott, City of Tigard ,- . Jun Kennedy, Department of Land'Conservation and Development, Salem s,. • , tW ti- _ f. y T 1 nil , J pa V f i a'° r s. A .. • ,. i :: ........ ,.. .: + . „... issues Identified in the Tigard Community Assistance Visit (Addendum to Charles L. Steele's Letter dated June 17, 1994) ;'. Summer Creek Floodway Violation `' A beaver dam in the floodway of Summer Creek near SW Merestone Court has been reinforced with concrete, and without a development permit from the City. This violates City and Federal requirements for floodplain development permits (ref. Tigard Land Use ' Code section 18.84.015.D and National Flood Insurance Program (NFIP) regulations section 60.3(b)(1)). The dam also appears to violate City and Federal prohibitions against ,:; development in the floodway that results in any increase in base ("100-year") flood levels 4 •d (ref. Tigard Land Use Code section 18.84.040.A.3 and NFIP regulations section 60.3(d)(3)). _ The NFIP regulations require hydrologic and hydraulic analyses to demonstrate that � development in the floodway results in no rise in the base flood level. We have sent ' -` guidance on how to do these "no rise" analyses to Duane Roberts of the Community Development Department. . The NFIP regulations allow a community to permit exceptions to the floodway "no rise" i` requirement, provided the community first receives a conditional Flood Insurance Rate Map e i 1,` a and floodway revision from FEMA to reflect proposed development. Because the floodway o is intended as a planning tool to prevent new development from increasing flood levels in the community, the exception procedure should be used rarely and as a last resort. An ' application and instructions for requesting map and floodway revisions have been sent to ,.. Duane Roberts. We understand that the City has applied for permits from the U.S. Corps of Engineers and r the Oregon Division of Water Resources to construct a new dam in place of the existing r 5.°i . dam. If constructed,the new darn would first require a City permit for floodplain development and hydrologic and hydraulic analyses of the dam's effect on the base flood ,, x '_. level. If the analyses show the dam to cause any increase in the base flood level, the City would need to request a conditional Flood Insurance Rate Map and floodway revision from _ FEMA. To meet City and Federal floodplain regulations, the City has a few options for dealing with the existing dam: (1) demonstrate through hydrologic and hydraulic analyses that the dam D. results in no rise in the base flood elevation, (2) remove the dam, and (3) apply for a Flood Insurance Rate Map and floodway revision. Your response to this letter must describe • hove the City plans to correct this violation. i' co ; Floodplain Regulations , Based on our review of Tigard Land Use Code Chapter 18.84, Sensitive Lands, the City must substantially amend its floodplain regulations to comply with the National Flood Insurance Program. The Sensitive Lands Chapter of the Land Use Code does not satisfy minimum Federal criteria for community floodplain regulations. If the City has additional , regulations to supplement the floodplain requirements of the Sensitive Lands Chapter, { i _. ti they should be submitted to this office for review. Otherwise, the City's floodplain regulations must be amended to: Y ni '.+e 4y. J4'3,{3 ,..7, ,t- •.1. ... ;_ '•. -,'..:•.: ,yrs .+ ... ;#"'":*'.. fs .. .. I. �. .*';'''.../ - _ ayl ; t'...,* r.� • '..: . . . ..; ••„:4:. • 0 :: ' . . .. ,-• 4 ' . •,, "t,•'•. ' "4.-• Steele addendum p.2 -`- ' 1 Disallow agricultural and recreational uses as outright permitted uses within 100-year floodplains (Code section 18.84.015.A). Aside from structural development, n...,- :n.,.. agricultural and recreational uses can involve non-structural development such as fill, grading, and pavement in the floodplain for which permits are required by the NFIP ...,- - .. regulations (section 60.3(b)(1)). Under these regulations, development is defined as "any manmade change to improved or unimproved real estate, including but not tea, limited to buildings or other structures, mining, dredging, filling, grading, paving, or 1 -... excavation or drilling operations or storage of equipment or materials" (section 59.1). ..,.n ., ...,,n -, ; -• '.„ 2. Clarify that permits are required for all development in 100-year floodplains, n - , n 1 including non-structural development as defined above, and substantial improvement ...:. ---1,;-:- to existing structures (Code section 18.84.015.B & 1)). Current language in this ., - . t 4 . ... , . r.”- section does not include substantial improvements, defined under the NFIP regulations 44^'. •.. .. as "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 hnprovement [projects to correct health, sanitary, or safety code violations and alterations of registered historic structures are enni ' exempted]" (section 59.1). --- .., t e . •--.: 3. Clarify that Corps of Engineers, Division of State Lands, Unified Sewerage Agency, *„.... - - ‘....• t, and/or other federal, state, or regional agency permits for wetland development are ..- not substitutes for City development permits in floodplains (Code section 18.84.015.C). The City must review all development in designated flood hazard A . .. ., .. -..' areas, regardless of whether or not these areas are also wetlands, for compliance with the minimum floodplain management criteria under section 60.3 of the NFIP 4. .:',,•. •e regulations. et, . .. , . ... . .., 4. Apply the provisions of Code section 18.84.025.B to all new or substantially a . • n'e 1-i, unproved floodproofed structures. (This could be fixed by inserting the word t., ...-•::^'':"Z. "improved" between the words "substantially" and "floodproofed" in this section, ref. In, NFIP regulations section 60.3(c)(3)-(4).) ' Cia A 1 5. Require that all records pertaining to the floodplain regulations be maintained. (This ... n tZ . , could be fixed by deleting the words "For all new or substantially floodproofed . . structures" in Code section 18.84.025.C, ref. NF1P regulations section 60.3(b)(5).) ",...; : E - ..; „' ...i 6. Require all new structures and substantial improvements to be constructed with Eg jmaterials and utility equipment resistant to flood damage. (This could be fixed by ni 4 - changing the word "utilin" to "utility" in Code section 18.84.026.B., ref. NAP .. ,, ...1 regulations section 60.3(a)(3)(ii).) •.: 7. Require manufactured homes to be installed using methods and practices that - minimize flood damage, as required for construction and substantial improvements under Code section 18.84.026.0 (ref. NAP regulations section 60 3(b) ) It would n' ..•n. -.. . .._ a.n--et• e en n- 4 t-- en----- . .e -.'-':•".? '4 t,, : '1 : -, - , , . , :, :..„. ' :. .i c -,:•4,,.\ ::.. . .. ,• ...:4- :,=.; - ., -s,'-I.,*-...` .' .:,.. 1 •: 2''„-..% ,'"4'.: '.;:., 1. . ',,,,. "4 ,,•' . , z �• Steele addendum p.3 :::: be helpful to indicate that 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.) ti ,, Sample language for this provision is provided in the enclosed FEMA Region 100 Model Flood Damage Prevention Ordinance section 5.1-1. 1 �• 8. Delete reference to the Uniform Building Code and Uniform Plumbing Code in Code • k section 18.84.026.E. The reference changes the meaning of the Federal floodplain r f �- management requirement (NFIP regulations section 60.3(a)(5)-(6)) that this Code ;: , section is meant to satisfy. The Federal requirement pertains to community water T supply systems which the UBC and UPC do not address. or, n-;*.:, "_ ° 9. Require that all subdivision proposals in the 100-year floodplain: • i' (1) be consistent with the need to minimize flood damage; i " (2) Lave public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; h i ` (3) have adequate drainage provided to reduce exposure to flood damage; and (4) if located where base flood elevation data has not been provided by FEIvIA or is h• •--nn;- not available from another authoritative source, and if the proposal contains at least 50 lots or 5 acres (whichever is less), generate base flood elevation data. ;s' " ;' Sample language for this provision is provided in our model ordinance section 5.1-4 (ref. NFIP regulations section 60.3(a)(4) & (b)(3)). 10. Require manufactured homes that are to be placed or substantially improved within ' zones A1-30, AAI, and AE to be elevated on a permanent foundation such that the -4, r`' lowest floor is at or above the base flood elevation, and securely anchored to an .j adequately anchored foundation system (ref. model ordinance section 5.2-3 and NFIP regulations section 60.3(c)(6). 11. Prohibit encroachments, including fill, new construction, substantial improvements, r; and other development within the adopted regulatory floodway unless certification by } 5 a registered professional engineer or architect is provided demonstrating that on _ encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. If this provision is satisfied, all new construction and $' —ssubstantial improvements must comply with all applicable floodplain development requirements (ref. model ordinance section 5.3 and NFIP regulations section :. 60.3(d)(3)). • ., fy • IP Steele addendum p.4 The City must formally adopt these amendments to its floodplain regulations in order to ``• remain eligible for participation in the National Flood Insurance Program. A draft of the amended regulations must be sent to this office for review before they are adopted and within 45 days of this letter's date. A final copy of the amended regulations, once • adopted, also must be sent to us for approval and to close out t},his C AV. • Records and Lmspection The City is responsible for obtaining and maintaining records of permits and as-built conditions of all development in the floodplain (NFIP regulations sections 60.3(b)(5), • 60.3(c)(4), & 60.3(c)(5)). The Community Development Department keeps on file thorough • permit application re ' s that include construction plans, location relative to the floodplain, and proposed elevation of development. Although this information demonstrates good planning, it does not document the as-built conditions of completed development. Because no new floodplain development has been approved in some time, no information was available during the CAV on the City's procedures for obtaining and maintaining the as-built • - documentation required for floodplain development. Your reply to this letter must fl describe how the City obtains and records the as-built conditions of completed ' t ' ' floodplain development, including elevation or fioodproofing certification, and openings ' in enclosed areas below the lowest floor of'elevated floodplain structures to allow for the passage of floodwater. • • yy n T S •r J;= ''.' * 0 0 - MEMORANDUM .r, CITY OF TIGARD, OREGON , Ns; .. " TO: Planning Commission ,,,, , FROM: Dick Bewersdorff ° , DATE: November 17, 1994 • SUBJECT: Staff Report Amendments to Floodplain and Sensitive '`; Lands Regulations • _ B .ckaround ; 1 "', Last spring, the Federal Emergency Management Agency conducted a , review of the City's regulations and procedures for administering # " and enforcing floodplain regulations. FEMA sent the attached a .4 letter (June 21, 1994) indicating changes that were necessary to comply with FEMA regulations. 4. Because of staff vacancies, the City contracted with a consultant ` a+ (McKeever/Morris, Inc. - Keith Liden) to work with FEMA to draft amendments to the city's development code. In making changes to , comply with FEMA, various provisions in the Sensitive Lands Chapter . comply Section 18.84 of the code ware also reorganized to help correct { ambiguities and clarify provisions. The draft is completed and is ;_: =v now ready for Planning Commission review. • Summary of Changes o moved parts of Section 18.84 .010 to 18 ,84.015 & 026 frk < " o requires paving in sensitive land areas to receive a permit o adds accessory structures less than 120 square feet to '` the list not requiring a permit o adds landform alterations up to 10 cubic yards to the list not requiring a permit . o identifies who is responsible to review and approve administrative permits t3 o clarifies sensitive land permits issued by the Director "� and Hearings Officer d " o adds FEMA mandated flood proofing, anchoring, elevation and manufacture housing requirements : s . Recommendatio The amendments have been reviewed by FEMA. Staff's recommendation is for the Commission to recommend approval of the changes to Code Section 18.84 to the City Council: . • • •S • fix_ j • • • r• d • • S 4 1 t N x McKeeverlNiorxis Inc. i ' 722 S.W.Second Avenue Suite 400 Portland,Oregon 97204 fax 503 228-7365 503 228-7352' • MEMORANDUM TO: Katherine Bennett,Natural Hazards Specialist RECEIVED FROM: . Keith Lidera NOV 0 81994 RE: Draft Revisions-Chapter 18,84 Sensitive Lands COMMUNITY VEpOPF(T ,< DATE November 7, 1994 Following our phone conversation regarding the amendments to the Tigard Community Development Code,Chapter 18,84,1 have made a number of changes to the proposed revisions: These amendments,have been reviewed and approved by the city staff,have been incorporated • into the attached draft. , There are three types of amendments presented. • • 1. Amendments required by FEMA in the June 21st letter from the agency. x 2. Editorial changes related to city staff comments on the September 30th,drab. • t 3. Suggested amendments received from you in our phone conversation on October 31st. The language to be deleted is shown in-bol th--a-stri ugh and the new test is shown in-bel+ . For the new amendments in item 3. above,italic type is also added. ` .40 Please review this draft. My involvement in this project is over,unless of course you have specific • questions for me. You should direct your comments to Dick Bewersdorff,Senior Planner,with the city planning department. As i understand it,he will be scheduling a public hearing process which will begin shortly. ,.,1.. . r Thank you for your help in preparing these amendments. I/ c: Dick Bewersdorff .' tt- At M.HD/ACF.com. SUCDC FEMA memo • s Planning .' Design Public Involvement Project Management • • ,, a i-LOOD DANWE PREVENTION ORD ANCE rt SECTION 1.0 :+ +` STATUTORY AUTHORIZATION, FINDINGSOF FACT, PURPOSE, AND OBJECTIVES ... vA . . 144-1P STATUTORY AUTHORIZATION The Legislature of the State of fStatel has in (statutes) delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the (governing body) of (local unit) ,_,(Statel does ordain as follows: 1.2 FINDINGS OF FACT .4 .. (1) The flood hazard areas of (local unity are subject to periodic inundation which results 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 n general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special .~.: flood hazards which increase flood heights and velocities, and when inadequately anchored, ka :. "n damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise ,...1.-: protected from flood damage also contribute to the flood loss. 1 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance 'to promote the public health, safety, and general welfare, and '; to minimize public and private losses due to flood conditions in specific areas by provisions designed: } * t ", (1) To protect human life and health; -...-q-,," (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; ,.' (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, �x telephone and sewer lines, streets, and bridges located in areas of special flood hazard; ' help by providing for the sound use and development of areas of (6) To maintain a stable tax base special flood hazard so as to minimize future flood blight areas; < (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, 4". (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. " 1.4 METHODS OF REDUCING FLOOD LOSSES t` In order to accomplish its purposes, this ordinance includes methods and provisions for: , , ..1 (I) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water o or erosion hazards, or which result in damaging increases in erosion or in flood heights or LlI < velocities; w • .t {2} Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; r (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4{ (4) Controlling filling, grading, dredging, and other development which may increase flood h } edamage; and _'` ' (5) Preventing or regulating the construction of flood barriers which will unnaturally divert ,4 flood waters or may increase flood hazards in other areas. k,,42/', * Required for approval by FEMA. s 4 s December 1986 1 '. '•" ..:-.., • 0 0 -, SECTION 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 and to give this ordinance its most reasonable application. ' "APPEAL=' means a request for a review of the (local administrator's . interpretation of any - . provision of this ordinance or a request for a variance. _> "AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a cic;arly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be , evident. AO is characterized as sheet flow and AH indicates ponding. } "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. -.' "BASE FLOOD" means the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or . V. / "DEVELOPMENT" means 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 e, drilling operations located within the area of special flood hazard. _ "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation or normally dry land areas from: (1) The overflow of inland or tidal waters and/or .` (2) The unusual and rapid accumulation of runoff of surface waters from any source. t "FLOOD INSI1RANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones • ;, ` applicable to the community. , n ' "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration ' , that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of • l 1: the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be 0- 1' reserved in order to discharge the base flood without cumulatively increasing the water surface M " elevation more than one foot. "LOWEST FLOOR" means 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 ,; to` ' area other than a basement area, is not considered a building's lowest floor, provided that such W enclosure is not built so as to render the structure in violation of the applicable non-elevation design �' requirements of this ordinance found at Section 5.2-1(2). • "MANUFACTURED HOME" means 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 connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive' y. ' days. For insurance purposes the term "manufactured home" does not include park trailers, travel + trailers, and other similar vehicles. k ; _ ..--•:".1"'1- 2 0 -'. s• • ' ';\4ANUFACTURED HOME PAR R SUBDIVISION" means a parcel (o tiguous parcels) of land divided into two or more manufactured home lots for rent or sale. • "New Construction" means structure., for which the "start of construction" commenced on or after the effective date of this'ordinance. ., "STAI? r OF,CONSTRUCTION" includes substantial improvement,and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other ,'j improvement was within 180 days of the permit date. 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 • z< .. and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the ' erection of temporary forms; nor does it include the installation on the property of accessory • • '7" : buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure, .;; ..r "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. SUBSTANTIAL PR IMOVEMENT" means any repair, reconstruction, or improvement of a structure, the cost '' of whichequals or exceeds 50 percent of the market value of the structure either. b (1) before the improvement or repair is started, or f (2) if the structure has been damaged and is being restored, before the damage occurred. For the ;•. ' , purposes of this definition "substantial improvement" is considered to occur when the first r. alteration of any wall, ceiling, floor, or other structural part of the building commences, a' = whether or not that alteration affects the external, dimensions of the•structure. d The term does not, however, include either. tio4, ,; (1) any project for improvement of a structure to comply with existing state or local health, ; _ " sanitary, or safety code specifications which are solely necessary to assure safe living '`"a conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. { ° "VARIANCE"means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. . ,� SECTION 3.© GENERAL PROVISIONS '' a` 3.1 LANDS TO WHICH THIS f RDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of , /local units,! of 0 * 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD .LIJ.� The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the (local unitl dated , 19_ with accompanying Flood Insurance Maps is hereby adopted by reference =t and declared to be a part of this ordinance. The Flood Insurance Study is on file at : taddress) , • V r 1. ., '', .4 • . 0 .. . . . . . . , 3.3 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. Violation 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 misdemeanor. Any person who violates this ordinance or fails to ... comply with any of its requirements shall upon conviction thereof be fined not more e than or imprisoned for not more than days, or both, for each . • 4..':•• violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein .. • .,,,,, •k contained shall prevent the (local unit) from taking such other lawful action as is necessary to prevent or remedy any violation. 34 ABROGATION AND GREATER RESTRICTIONS • e This ordinance is not intended to repeal, abrogate, or impair any existing lasements. covenants, or " -.--- - deed restrictions. However, where this ordinance and another ordinance, asement, covenant, or . deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall "* ., • prevail. •-e ..• , 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. - ......:-, '. •., ,.. ':. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory .. purposes and is based on scientiTt; 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 e. ... within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of (local unit? ,any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any .‘ administrative decision lawfully made hereunder. SECTION 4.0 1.- ADMINISTRATION *--, ,C la, f: 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT .- * W , , #e. w *4.1-1 Development Permit Required , ...,!. „ , . # ni A development permit shall be obtained before construction or development begins within any • area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS", and for all• :.. development including fill and othenactivities, also as set forth in the "DEFINITIONS". ••• ..# 4.1-2 Anplio_t_ion for Development Permit ,o. , - Application for a development permit shall be made on forms furnished by the (local laitmlittatad_ and may include but not be limited to; plans in duplicate drawn to scale n'--„-,,',- 4 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 -- - - • - foregeIng. Specifically, the following information is required: 4 • i- • , -., -,. .-:•,..-,-......, . . . .. .. -... .-. ,, :*.4. -...-. - .. - - .• . <, -..• -.--„,-, :.-..,.- '-..,. :-. r' . - ...;•;..:.•... - ...-,! .:- t -.,::,-: : ,.-: .:'''..,t .--' 2"a (1) Elevation in Tela i mean sea level, of the lowest floor • luding basement) of all �. o • structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing t methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; ~- anda (4) Description of the extent to which a watercourse will be altered or relocated as a result ',. of proposed development. 42 DESIGNATION OF THE Jiocal administrator) The (local administrator) is hereby appointed to administer and implement this ordinance by ' granting or denying development permit applications in accordance with its provisions. '' 4.3 DUTIES AND RESPONSIBILITIES OF THE (local administrator) Duties of the Jlocal administrator) shall include, but not be limited to: d r 4.3-1 Permit Review ' (1) Review ail development permits to determine that the permit requirements. of this y ordinance have been satisfied. * (2) Review all development permits to determine that all necessary permits have been obtained e:" ,, from those Federal, State, or local governmental agencies from which prior approval is required. .;; (3) Review all development permits to determine if the proposed development is located in the ', floodway. If located. in the floodway, assure that the encroachment provisions of Section - _.: 5.3(1) are met. }�. * 4.3-2 Use pf Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3,2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the i cal administrator) Si14U :-q-,-,.._ obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, State or other source, in order to administer Sections 5.2, SPECIFIC • STANDARDS, and 5.3 ELOODWAYS. s *4.3-3 Information to be Obtained and Maintained (1) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea t,le,. " level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. • a f (2) For all new or substantially improved floodproofed structures: .a. (i) verify and record the actual elevation(in relation to mean sea level),ani (ii) maintain the floodproofing certifications required in Section 4.1(3). {- (3) `Maintain for public inspection all records pertaining to the provisions of this ordinance. * 4.3-4 Alteration of Watercourses j (1) Notify adjacent communities and the (State cooating, rdinaggncv) prior to any 1� j alteration or relocation of a watercourse, and submit evidence of such notification to tea the Federal Insurance Administration. • ,f "=l'' (2) Require that maintenance is provided within the altered or relocated portion of said z ;' watercourse so that the flood carrying capacity is not diminished. • • F . • • . . . 4.3-5 Interpretation of FIR ndaries e , Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped r boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 'Y 4.4 VARIANCE PROCEDURE { : 4.4-1 Appeal Board = .''•, (1) The (appeal boardL. as established by (local unit) shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The (appeal board)__ shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the (local administr ptor in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the (appeal board, , or any taxpayer, may a appeal such decision to the (name of appropriate court) , as provided ind � (statutel 1.!. (4) In passing upon such applications, the (appeal board') shall consider all technical evaluations, all relevant factors, standards specified in other sections of this y ordinance, and: (1) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; s. (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provide by the proposed facility to the community; . .` (v) the necessity to the facility of a waterfront location, where applicable; `i. (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and flood plain ^; management program for that area; (ix) the safety of access to the property in times of flood for ordinary and emergency r vehicles; (x) the expected heights, velocity, duration, rate of rise, and sediment transport of t • the flood waters and the effects of wave actio• , if applicable, expected at the site; and, 41, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as • a sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, • the (appeal board) may attach such conditions to the granting of varianges as it , deems necessary to further the purposes of this ordinance. (6) The (local administrator) shall maintain the records of all appeal actions and . report any variances to the Federal Insurance Administration upon request. 0 4.4-2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is 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, providing items (i-xi) in Section c4`; 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. F'. 6 1' ,-.- 1.411111WIMMIMO. .; `... -'• • • ' ..,-,.!, e • . . (2) Variances may b for the reconstruction, rehabilit n, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. • * (3) Variances shall not be issued within a designated floodway if any increase in flood -• . : - . levels during the base flood discharge would result. .-- •,•- •*e - .• (4) Variances shall only be issued upon a determination that the variance is the minimum - :--•.!' , necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon; .e (i) a showing of good and sufficient cause; -- -4--1.-• (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) a determination that the granting of a variance will not result in increased flood ..e • ': .•..- heights, additional threats to public safety, extraordinary public expense, create .......,, nuisances, cause fraud on or victimization of the public as identified in Section ... 4.1-4(4), or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not ., .,, ... . .o, personal in nature and do not pertain to the structure, its inhabitants, economic or ••-. ••- ,. financial circumstances. They primarily address small lots in densly populated e. residential neighborhoods. As such, variances from the flood elevations should be quite - .,, rare. .--. •---. ne, (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can o3 be determined that such action will have low damage potential, complies with all other variance criteria except 4A-2(1), and otherwise complies with Sections 5.1-1 and 5.1-2 '• of the GENERAL STANDARDS. -. 24,--- ,n. ::,,,ee•,, (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ,- -..-•:--..t.', , SECTION 5.0 , ..t,,••,,,•-- . . PROVISIONS FOR FLOOD HAZARD REDUCTION . e-•-:;. •• - :121,' - * 5.1 GENERAL STANDARDS . , Je. In all areas of special flood hazards, the following standards are required: • *. :"..t.,,.••• * 5.1-1 Anchoring (I) All new construction ano subssantial improvements shall be anchcred to prevent flotation, 0. a. ..., ,..,,.. *i. collapse, or lateral movement of the structure. , , I.. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral -. . . movement, and shall be installed using methods and practices that rammuze flood datage. . .. 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). n ''.;•::: —I *5.1-2 Construction Materials and Methods . - ee (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. ;- •• (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from 4.-.4._,.t.... entering or accumulating within the components during conditions of flooding. :.$. .: 41 ' • '.' ': 4 "-- '. ''.. ' ..• • • • • ''• '.',' *'.• • *• -' I 4'. ' '.-'*.^ ''''''' '''' . .• '- -0 .. —‘., • *k .., 14,: • , . ... " ' ' "' ' ''' ''' ". : '."..:. ' * '.;'4.' ' s."'" ' .•' . '4..:',, 1..„,::'" ', ' ''4',: , '',':" ‘,',.,7' . * • , 1 • * 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to mir• ize or eliminate 94 infiltration of flood waters into the system; (2) 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; and, (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. *5.1-4 Subdivision Proposals • 9• • a _S (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities,such as sewer,.gas, r electrical, and water systems located and constructed to minimize flood damage; • (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and othrr proposed .,• •,•:,,`' developments which contain at least 50 lots or 5 acres (whichever is less). • *5.1-5 Review of Building, Permits • Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3-2), Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of histoazeal data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above " grade in these zones may result in higher insurance rates. ;. :`' * 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set • forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPEC14L FLOOD HAZARD or Section 4.3-2 Use of Other Base Flood Data, the followingprovisions are re uired: • ' *5.2-1 Residential Construction T.,:."-:.2'.'''' (1) New construction and substantial improvement of any residential structure shall have the • t r lowest floor, including basement, elevated to or above base flood elevation. t. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by { M allowing for the entry and exit of floodwaters. Designs for meeting this requirement must • I— either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: ; • ,r (i) A minimum of two openings having a total net area of not less than one square • inch for every square foot of enclosed area subject to flooding shall be provided. s l (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. *5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential • a structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: t . . "(1) be floodproofed so t elow the base flood level the structua watertight with wars substantially impermeable to the passage of water; A (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and • effects of`buoyancy; t '~ ~ (3) be certified' by a registered professional engineer or architect that the design and methods on 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, r. '; specifications and plans. Such certifications shall be provided to the official as set forth .. •/, in Section 4 3-3(2) (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2). ." # (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance b.. • - premiums will be based on rates that are one foot below the floodproofed level (e.g. a i ": building constructed to the base flood level will be rated as one`foot below that .level). :' . * 5.2-3 Manufactured Homes : All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE shall be elevated on a. permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored town adequately anchored foundation y,., ', system in accordance with the provisions of subsection 5.1-1(2). *53 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as �.' floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters • •'. which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvments, and other development unless certification by a registered professional engineer or architect is provided , demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. ;.' a s ,1 x , 'la on-1 NCQTE Where base flood elevations have been provided but floodways have not, Section 5.3 should read as follows; ea 5.3 ENCROACHMENTS The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 4ef e,e h YO * Required for approval by FEMA, . o t j; at -... '1-4 '',..—`.4.* a i ... . * om d 4 4 i '1f.:,,,17,\:•,' , 1� •r l ^4 , $f• x{;1 RECEIVED �,• max 1e: Federal Emergency Management Agency DEC 0 51994 'w . a (;- 0 Region a� `"� F® 130 228th Street,Southwest t . "...*Lt,..:::::.4-9-- Bothell,WA 98021-9796 t,, November 29, 1994 . l; :..l. Dick L`Bewetsdorff • :,--4.----,-,-,,,,_,:i':„,,, Senior Planner "•:•-• 13125 SW hail Boulevard } Tigard, Oregon 97223 y ‘x, Dear"ldlr. Bewersdorfi'. ' '" We have reviewed the proposed amendments to the aTigat•d Community Development Code, Chapter 18.84 As you and I discussed on the phone tins morning,the amendments should bring the code into compliance with the National Flood Insurance Program with 2 changes; ,1 (1)Include manufactured homes in the standard for using methods and practices that • minimize flood damage under section 118.84,026.E This change will be consistent with ,• y;.4.‘:,.',;:,-.',.,.:, wording of the precedingstandard under section 18.84.026.F. r ---.1.'. (2)Specify that floodway encroachments, including fill, new construction,.substantial :.a improvements,and other development, are prohibited unless certification by a registered professional engineer is provided that encroachments will not result in any increase in {, l flood levels during the base flood discharge. This language regarding the engineering certification can be added easily to section 18.84.040.A.1. ; :. .;." a Additionally,I understand from my telephone conversation with Keith Liden on October 31, 1994 ",e,,:'2.•. that outright permitted uses under section 18.84.015.A must meet all applicable criteria listed in :, .2,,';':',:'',,... 1-9 of the section. This is important to assure,for example,that community recreational uses ; •., t ' e involving landform alterations of more than 10 cubic yards of material will not be outright `, permitted uses. If the outright permitted uses are not required to meet all applicable criteria listed • '14:":,-..,`'.:' '' in 18.84.015 A.1-9 as the section is currently worded,the section should be changed to make the requirement. Otherwise, we would approve the amended code based on the understanding that all ,l a the criteria will apply, as applicable. Before giving final approval,we must receive a copy of the r .; code's definitions section. m Thank you for your attention to this, and please call me at(206)487-4713 if you have further i F questions. fi w 4 l Sincerely, y t. Katherine Bennett Mitigation Division y . , w ,, cc Jim Kennedy,Department of Land Conservation and Development, Salem ,. x,. ( .-'44.'..','',, , ..._ r >4'.;_It f .' t ,, 4f-,-t.::-: .4 ,: r .t ,, t, ,.� yt, w ,, =1 RECEWED 4. NOV 2 2 1994 *;: UEQUHST POR eakeemee e_ r_ Of Li�ItY'DEVEL�lPN3,NT V. TO: . ', �a! �3� D� k+: N�S'ii6iu%c9" 't�. �� ,, FROM: '1icja::d Plann.tng Depar ment l� :.„21 Rt.- RE: ZONE OItDINA.N'CE AMEIWPM'ENT OA 94-Mini sE maT LANDS A proposal to • amend Community Development Code Section 18.84 to bring sensitive land ,a t requirements into compliance wits '.`Federal 1 mergen�cry Manacge�ment Agency ,� regulations relative to procedures for administering and enforcing .A a;. 11 + floodplain regulations and to reorganize and clarify lo;:al`" permit ,,F procedures for lands involving steep slope, drsinagewar, wetlands and the t �; 100 year floodplain. APPLICABLE REVIEW CRITERIA: Statewide Planning l, , Goals' 1, 2, 5, and 7; Comprehensive Plan Policies I.1.a, 2.1.1, 2.1.3, • _7 3.1.1, 3. .1, 3.2.2, 3.2.4 Community Development Code Chapters 18.30 and 18.84. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other ; einformation available to our staff, a report and recommendation will be prepared ,A and a decision will be rendered on the proposal in the near future. If you wish 4 1. to comment on this application, we need your comments by Nom, 199 . You may e- . a use the space provided below or attach a €epar. to letter to return your comments. y•jr,- A If ou are unable- to respond `. the above date. please phone the staff contact .., noted below with your comments and confirm your comments in writing as soon as e'; possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 839.4171. STAFF CONTACTS e 14 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY Ve We have reviewed the proposal and have no objections to it. e M 1 v,". Please contact of our office. : r` Please refer to the enclosed letter, _` ., Written Comments: '24-:-, ._..�._..e. —�.--� 7;.''',. [rte 4 , ,• .,. Oa 1172 " !i ' Name of Person Commenting: .. L ','� Ga Phone Number: i • Mme+ T,•a iii > >> .4": l'',(2- 4 • 1 , #z-.• ¢ ,, ... �r b,.. :.- r: ° ff ,. r .4 a , y ,,';1::5„-.' i .i7Z 4� 1 • I ' . A . , . 1 wr : 6 ! •�, z `"•Y ti BEguEsT FOR COMMENTS ' TO: 1J2.... DATE: November 1i? �?e4 \ ,, FROM: 'regard Planning Department 1, RE: zeeNE ORDINANCE AMENDMENT ZOA 94-0001SENSITIVE LANDS A proposal to - „e• amend Community Development Code Section 18.84 to bring sensitive land ' , 11 requirements into compliance with Federal Emergency Management Agency >, ,, °' regulations relative to procedures for administering and enforcing {,'; .. floodplain regulations and to reorganize and clarify local' permit t ,: '1, for lands involving steep s"lope, drainageway, wetlands and the ;: d . ,' 100 year floodplain. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, and 7; Comprehensive Plan Policies 1.1.a, 2.1.1, 2.1.3, *, 3.1.1, 3.2.1, 3.2.2, 3.2.4; Community Development Code Chapters 18.30 and •E.F , 18.84 • ',/,„,:. '' Attached is the Site Plan and applicant's statement for your review. prom information supplied by various departments and agencies and from other y S." ‘ information available to our staff, a report and recommendation will be prepared e and a decision will be rendered on the proposal in the near future. If you wish ' to comment on this application, we need your comments by Nov 28, 19 .94You may < <' x1 use the space provided below or attach a separate letter to return your comments. • .•,. If you are unable to respond by the above date, please phone the staff contact 1 . .., -- :., noted,below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard • Planning Department, 13125 SW Hall Blvd., Tigard, OH 97223. PHONE: 639-4171. • s • STAFF CONTACT: I." _ ' � PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ` We have reviewed the proposal and have no objections to it. Please contact of our office• • e " Please refer to the enclosed letter. =` • t Written Comments: iName of Person Commenting: —. r` • — , toPhone Number: 1� r. r 5, 54 ' II-, i ,q` • t • *.t r, , ,- '11'.';.':''';.''''''' d t o �.le._ , , ,34 j a', ' f %*i x.. =z .. - t •'\•,• .. �{ ,t r '\ •4,.•:, i. • • � ... y try....,.., , ; '% , ---r ,. '.. "•--,II ;>, l. 4F ,r ..z 1P',::`1•4 ,...: / mmeaur. � mx9aanimanarembovvrtr I, .4:), 1 t4 ' 1e.1 � - 1 t kA�' 14 a`':`,As. . • r McKeever/Morris,Inc. \, { ' 722 S.W.Second Avenue RECEIVED QED Suite 400 ° r't '; a�1. Portland,Oregon 97204 v+�"'� l fix 503 228-7365ri r QU�3 1894 i 503 22b-7352 i lv F�' MEMORANDUM g(°t 1M1,1oi0 P DEVELOPMENT TO Dick Bewersdorf r".,SeniorPlanner FROM: Keith Liden �" RE: _ Draft Revisions-Chapter 18.84 sensitive Lands DATE: August 29, 1994 '- l'''• .. .-., (4 I have reviewed the comments you received from FEMA and have had two phone conversations with Katherine Bennett,Natural Hazards Specialist,regarding the amendments here agency is x4. ,: requiring. I have developed draft amendments for Chapter 18.84 based on the comments made by .‘''''',\••,:,'e:',..','." Ms.Bennett and my understanding of the intent behind the present code language. � ' :. There are two types of amendments presented in the attached draft. , 3• 1. Amendments required by FEMA in the June 21st letter from the agency. The number of ! . -, the comment in the letter is written in the margin of the draft to show you where the FEMA `� comments are reflected in the draft revisions. s a it 2. Editorial changes related to the FEMA comments that I recommend to improve the overall T t k: quality and clarity of the Sensitive Lands chapter have also been included. r, • t • The language to be deleted is shown in ld . lth t stns e-through and the new text is shown ' in-held. As you will see from the draft,a number of the proposed changes will alter the standards and • --- thresholds currently used to evaluate sensitive lands applications. This will take some review time f '.neenee` from engineering and building in addition to you department. You may also want to have Larry • see ee'` Epstein review the amendments due to his experience with administering this chapter. Instead of writing a lengthy explanation behind each of the amendments,I think it will be more useful for you to call me following your review of this draft. a { Katherine Bennett is out or vacation until about September 20th. I told he we would try,to have a draft awaiting for her when she returns. • =f MI ki.HD/ACT.com. SLICDC memo 144c 8/29/94 4 4"•t Planning ',''; • ., Design 1 ° • Public Involvement t� ''' Project Management • ��tt 4,1 x- 4 , .. '1,, 6` ,; .t .4 .a ,! ,_.., .c 31 i 1..1. yl .. • .4 , 1,t--/,d\ 'r ../'�; ( :1., C . . 1t.'