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Ordinance No. 87-32 CITY OF TIGARD, OREGON ORD rui.hh�rr Rin e', W. V AN ORDINANCE TO AMEND CHAPTER 18.84 AND SECTIONS 18.160.020, 18.94.040 AND 18,26.030 OF THE COMMUNITY DEVELOPMENT CODE AS THEY PERTAIN TO SENSITIVE LANDS j (ZOA 87-01), AND DECLARING AN EMERGENCY. 1: WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City was required by the Federal Emergency Management Agency to bring its floodplain ordinance provisions into compliance with National Flood Insurance Program requirements; and 1nucnree th-, planning itaff madw recommendation of finding-t to the City of Tigard Planning Commission on April 7 and May 5, 1987 at public hearings; and WHEREAS, the Planning Commission voted to recommend approval of ZOA 87-01 at its meeting on May 5, 1987; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on June 8, 1987. i THE. CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 The Community Development Code shall be amcneded as shown in Exhibit "A". Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS] S r._Cis Section 2: That this Ordinance shall be e,_CGecti've 'Mmc..iatel, -1its passage by the Council and approval by the Mayor. PASSED: Byy n a nmcuus vote of all Council membeg present after being read by number and title only, this day of1987. 00'vmL l {.a�aw_�__lolilsaa.._City.eQecnCde Catherine Wheatley,Deputy Recorder APPROVED. This r day of u� r 1987. Thomas M. Brian, Mayor �h (DAS:cn!3204P) ORDINANCE NO. 87-3a Page 1 1°�. Is.84 SENSITIVE LANDS 18.84.010 Purpose development (a) Sensitive Lands are Ian ds potentially unsu�arbfloodle rplain, within because of their location within the loo-year natural drainagewaY, on steep slopes or on unstable ground. (b) Sensitive land areasafety are and welfare of the community through the ted as such to protect the public health, Y regulation of these sensitive land areas. Sensitive Lands regulations contained in this Chapter are LCIin to maintain the ante rit of the rivers streams and cree�in Tigard by minimizing erosion promoting bank stabilit maintainin^ and enhancin water quality and fish and wildlife habitats and reserv1n scenic unlit and recreational potentials. .�.�. �.,.,.,�,,.,mor,r ;g prohibited within all areas designated as t Ll�'IJ141) LCYcav� .. .. J^ MMy, i 0 significant wetlands on the Floodplain and Weziarlds r• Development on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacentant; WetlandsMap25ted as yfeetfofant thewdesignated nds on the Floodplain in �< wetlands area. [(d)] e[) 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 Code, which [(e)]11 _� r �I--- ,"a 4 nY nr• which would be subject to would be prop l b i t od by ���L' "'��p 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 of this Cnue. ]' The regulations of this Chapter are intended to implement the IMUSI sSI Comprehensive Plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive I land areas from encroaching uses and to maintain the September I 1981 zero-foot rise floodway elevation." The areas oq s ep cial hazard identified b e thFederal Insurance Administration in a scientific and en ineerin re ort entitled st "The stoad Insurance Study of the City of Tigard," dated Se tember 1, 1981 with accompanying Flood insurance Maps (updatedFebruary 1984) is hereby adopted by reference_ and j declared to b_ a part of this Chapter. This Flood Insurance be Study is on file at the Tigard Civic Center. Wher n_____basrt flood elevation data has notbeen rovided in accordance with Section 18...9.4.0-0(f)`the Director shall ab_ tains review ani+ reasonably utzo _an base flood elevation and ZOA 87-01 FEMA CHANGES PAGE 1 floodway data available from a Federal, State, or other source, in order to administer Sections 18.84.O26(h) and (i)_ City actions under this Chapter will recognize the rights of riparian owners to be free to act on the part of the City, its commissions, representatives and agents, and land owners and occupiers. 18 84 015 Applicability, of Uses -• Permitted, Prohibited and Nonconforming (a) Except as provided by subsection (b), the following uses shall be outright permitted uses within sensitive land areas: (1) Accessory uses such as lawns, gardens or play areas; (2) Agricultural uses conducted without locating a structure within the sensitive land area; (3) Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; (4) Public and private conservation areas for water, soil, open space, forest and wildlife resources; (5) Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; (6) Maintenance of floodway, excluding rechanneling; and '7) Fences, except in the floodplain area. (b) The following uses and activities are permitted only by a Sensitive Lands permit granted by the Hearings Officer except as pri+iiitas:u by 31( ) and (o), (1) A land form alteration or developmentwithinthe 100-year 3 f.00dplain; (2) A land form alteration or development on slopes of 25% or greater and unstable ground; is (3) Land form alteration or development within a drainageway where there is year round water flow. unless; (A) The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan as prepared by Ch2M_Hill; `or (B) The land is not proposed to be partitioned, subdivided or developed (4) Application pursuant to subsection 3 (A) and 3 -(B) shall be approved by the Director. ZOA 87-01 FEMA CHANGES PAGE 2. (c) Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. (d) A use established prior to the adoption of this Code, 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 Chapter 18.132 of this Code. A Sensitive Lands Permit a;jproval shall be obtained bc4ore construction or development begins within any area of special flood hazard or drainageway as established in 18.84.015 (b) and Lc) above. The permit shall apply to all structures including manufactured homes` 18.84.020 Administration and Approval 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. CittSee (b) A Pre—Application conference with � t�y S�w� i iS r�giii ica. Section 18.32.040. (c) Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre—Application Conference is valid for not more than 6 months. (1) Another Pre—Application Conference is required if any variance application is submitted more than 6 months after the Pre—Application Conference. (2) Failure of the Director to provide anv of the information required b 4M�•• L,... L_7 7 L _� y .��xa Chap 3riait not constitute a waiver of the standard, criteria or requirements of the application. (d) The Hearings Officer shall approve, approve with conditions or• deny an application for Sensitive Lands permit as set forth in Section 18.84.015 (b)(1)(2)(3), excluding subsections (b)(3)(A) and (3)(B). The Hearings Officer's decision may be reviewed by the Council as provided by 18.32.310(b) . (e) The Director shall approve, approve with conditions or deny an application for a Sensitive Lands permit as set forth in Sections 18.84.015(b)(4), The decision made by the Director may be appealed to the Planning Commission as provided by 18.32.310(a) The appropriate approval authority ,shall review all Sensitive Lands Permit applications to determine that all necessary permits shall be obtained from those Federal,- State or local governmental agencies from which prior approval is also required. r ZOA 87-01 FEMA CHANGES - PAGE 3 x d c The Director shall notice communities adjacent to the affected area and the State Department of Land Conservation and Development prior to anv all or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. The Director shall require that maintenance is prostided within the altered and relocated portion of said watercourse so that the flood carrying capacity is not diminished. [(f)]Lij The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 of this Chapter when reviewing an application for a Sensitive Lands permit. [(g)]LU The Director shall give notice of applications to be heard by the Hearings Officer, as provided by 18.32.130. [(h)]Jkl The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under 18.32.120. 18.84.025 Maintenance of Records Lal Where base flood elevation data is provided through the Flood Insurance Study., the Buildinq Official shall obtain and record the actual elevation (in relation to mean sea lever of the lowest floor (including basement) of all new or substantial y improved structures, and whether or not the structure contains a basement. For all new or substantially floodproofed structures, the BuildiUial shall: tl veH fv and record the actual elevation (in relation to mean sea level), and maintain the floodproofing certifications required in this Chapter. ) For all new or substantially floodproofed structures, the Director shall: Maintain for public inspection all other records pertaining to the provisions in this Chapter. 18.84.026 General provisions ) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. ZOA 87--01 FEMA CHANGES PAGE 4 io ' ic_I Electrical, heating, ventilation plumbing, and air–conditioning aguipment 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. d� rill new and rePl4ceGwerlt water 3uPPly systOms shall be designer to minimize or eliminate infiltration of flood waters into the system in accordance with the Uniform Building Code and the Uniform Plumbing Code. All new construction, all manufactured homes and substantial improvements shall be anchored toyrevent flotation, collapse, or lateral movement of the structure. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters •into the systems and discharge from the systems into flood waters; and ® (5) On–site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. ISM Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above ba3e flood elevation. i,2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be desianed to automatically equalize hydrostatic flood forces on exterior - waiis by allowing for the entry and exit of flyV `"" W E, J. Designs for meeting this requirement must either be certified by a registered professional enginper or architect or must meet or exceed the followingminimum criteria: 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 ii The bottom of all openings shall be no higher than one foot above grade. s Openings may be equipped with screens, louvers or other coverings' or devices provided that they permit the automatic entry and exit of floodwaters •� EQ Nonresidential Construction ' — i s .C],Z 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, tegeth2r ith attendant utility and sanitary facilities; shall ZOA 87-01. FEMA CHANGES - PAGE 5 i i ■ L-Q, be floodproofed so that below the base flood level the structure is watertight with walls substantial ' impermeable to the passage of water; tLiLl have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyanc , iii be certified by a registered professional encLirieer architect that the design and methods of construction Lire 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 official as set forth in Section 10.84.025(b). Livj Nonresidential structures that are elevated not floodproofeds must meet the same standards for space below the lowest floor as described in 18.84.O26(h)(2). Applicants floodproofinn 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). 18.84.030 Expiration of Approval - Standards of Extension of Time (a) Approval of a Sensitive Lands permit shall be void after one F year: gg t' (1) finless substantial construction of the approved plan has begun within one year period; or (2) If construction on the site is a departure from the approved plan. t: (b) The Hearings Officer shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval, period not to exceed six months provided that: e (1) No changes are made on the original plan as approved by the Director; (2) The applicant can show intent of initiating construction of the site within the six-month extension period; and (3) There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based. (c) The decision of the Hearings Officer may be reviewed by the Council as provided by 181.32.31O(b). ZOA 87-01 FEMA CHANGES - PAGE 6 t 18.84.040 Approval Standards t (a) The Hearings Officer shall make findings that all of the 1. following criteria are satisfied when approving, approving with conditions or denying an application request within the 100-year floodplain; (1) Land form alterations shall preserve or erilhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing t of the floodway boundary. 3 f (2) The land form alteration or development within the 100-year floodplain shall be allowed only in an area designated as commercial or industrial on the Comprehensive Plan Land Use Map; (3) The land form alteration or development is not located within the floodway; ® (K) TSS land form alteration or development will not result in any increase in the elevation of the zero-foot rise t floodway; (5) The land form alteration of development plan includes a pedestrian/bicycle pathway in accordance with the adopted Pedestrian/bicycle pathway plan, unless the construction of said pathwa.y is doomed by 'r !n Hearings Off icer a - _. tuner y (6) The plans for the pedestrian/bicycle pathway indicate that #' no pathway will be below the elevation of an average annual flood; (7) The land within the 100-year f"loodpla r, boundary t=ihich remains after development shall be dedicated to the public. P (b) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit on slopes of 25% or greater or unstable ground: (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 uses; (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 structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any r ZOA 67-01 FEMA CHANGES - PAGE 7 of the following soil conditions; Wet/high water table; high schrink—swell capability; compressible/organic; and 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 Section 18.100 (LANDSCAPING AND SCREENING). (c) The Hearings Officer shall make findings that all of the i following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways: s (1) The extent and nature of the proposed land form alteration or development will riot create site disturbances to the extent greater than that required for the uses; t (2) The proposed land form alteration or development will not result in erasion, stream sedimentation, ground stability or other adverse on—site and off—site effects or hazards to life or property; x (3) The water flow capacity of the drainageway. is not decreased; and (4) where natural vegetation has been removed due to land form i alteration or the development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Section io. ioo (LANDSCAPING AND SCREENING). (d) The Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within drainageways; F>" (1) The extent Rnd nature of the proposed land form alteration will not create site disturbances to an extent greater than f ' that required for the uses; (2) The proposed land form alteration will not result in erosion, stream sedimentation, ground stability or other adverse on—site and off--site effects or hazards to life or property; € ; The drainageway will be replaced by a public facility of R adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan as prepared by CH2M Hill; and (4) The land on which the alteration is to take place will not be partitioned, 'subdivided or developed as a part of this application request. • ZOA 87-01 FEMA CHANGES — PAGE 8 i lul The draina ewa will be re laced b a adequate size to accommodate maximum fl W�Ijiblilnfacilit of with the adopted 1981 Master Oraina a accordance -�Plan:and The land on which the alteration is to take lace will not be partitioned, subdivided or dev_elonei�d as a past o- f t=his re_ au _est_ 18.8�,Og5 _ Exceptions for Uevelo ment in Wetlands -� the 108th/113th Ravine Si nificant Area below the 104' Elevation Under the Sensitive Lands permit _.__ may allow portions of process, the Hearings Officer 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 development is at less than 25% slope) being considered for (2) There are no unstable soil conditions on considered for developmentthe land being. (3) The provisions of Chapter 18.150 TREE REMOVAL shall be. met. 18.84_050 A lication Submission Re uirements (a) A11 applications shall be made ,. f.. �— and shall be accompanier b.,. """'s Provicipci hy, t.1 Director y• (1) Five copies of the Sensitive Lands necessary data or narrative which explaPermit proposal and conforms to the standards, and ins the proposal (H1 The site plan(s) and required drawings shall be on sheets not exceeding 18" x 24"; and (B) The scale for -the site plan(s) feet to the inch, shall be 20, 50 or 100 (C) All drawings or structure elevations or fiaod plans shall be a stand&rd architectural scale, being 1/4" or 1/8" 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. (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; I (, t ZOA 87-01 FEMA CHANGES - PAGE 9 (2) A site plan, Section 18.84.080; i f (3) A grading plan, Section 18.84.090; (4) A landscaping plan, Section 18.84,100 18.84.060 Additional Information Required and Waiver of Requiremen. (a) The Director may require information in addition to that required by this Chapter in accordance with Section 18.32.080 (a). f t (b) The Director may waive a specific requirement for information in 3 accordance with Section 18.32.080 (b) and (c). 18.84.070 Site conditions j: (a) The site analysis drawings shall include: t? ' (1) A vicinity map showing streets and access points, 24est, _ and bicycle pathways and utility locations; (2) The site size and its dimensions; _ (3) Contour lines at 2•-font intervals for grades 0-10% and 5-foot intervals for grades over 10 percent; ; i m (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%; (C) Unstable ground (areas subject to slumping, earth ' slides or movement); (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; or as defined by the Soil Conservation Service; (F) Areas having severe weak foundation soils. (6) The location of resource areas as shown on the Comprehensive Pian inventory map including: (A) Wildlife habitat; and € (B) Wetlands. ZOA 87--01 FEMA CHANGES - PAGE 10 _,__ . I 1 (7) The location of site features including: r (A) Rock outcroppings; and 1 (R) Trees with 6" caliper or greater measured 4 feet from I ground level. F ($) The location of existing structures on the site and k . proposed use of those structures. i 18.$4.080 The Site Plan (a) The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following , information: (1) The proposed site and surrounding properties; € (2) Contour line intervals (see Section 18.84.070 (a)(3); (s) The location, diMensio.^.s A gid names of all: s (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) The entrances and exits on the site; (B) The parking and traffic circulation areas; (C) Loading and services areas; (0) Pedestrian and bicycle facilities; (E) Outdoor common areas; and (F) Above ground 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. (B) Proposed structures, improvements and utilities on the fi- site. ; (6) The location of areas to be landscaped; and (7) The concept locations of proposed utility lines. f-- ZOA 87-01 FEMA CHANGES PAGE 11 i 18,84.090 Grading Plan (a) The site plan shall include a grading plan which contains the Cfollowing information: (1) Requirements in Sections 18,84.070 and 18.84.080 of this Chapter. (2) The location and extent to which grading will take place indicating contour lines, slope ratios and slope stabilization proposals, (3) A statement from a registered engineer supported by factual data substantiating: A I (A) The validity of the slope stabilization proposals; i F (B) That other off-site problems will be mitigated; (C) Stream flow calculations; (D) Cut and fill calculations; and (E) Channelization measures proposed. s f 18.84.100 Landscape plan ° (a) The landscape plan shall be drawn at the same scale of the 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 common open spaces, where applicable; and R (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. OTHER CODE AMENDMENTS 18.160.020 (General Provisions for Subdivisions) f ; LQ All subdivision proposals shall be consistent with the need to minimize flood damage. } ZOA 87-01 FEMA CHANGES - PAGE 12 a All subdivision proposals shall have public utilities and facilities such as sewer, gas,__electrical and water systems located and constructed to minimize flood damage. JhJAll subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Where base flood elevation has not been provided or is not available from another auchor1tative source, it shall be generated for subdivision proposals and_ other ppq roposed developments which contain at least 50 lots or 5 acres whichever is 3ess . 18.94.040 (Manufactured Homes on Individual Building Lots) [(3) The home shall be attached and anchored to a permanent foundation in conformance with the regulations adopted by the Oregon Department of Commerce and with manufacturer's installation specification;] All manufactured homes to be placed or substantially iMEE2 ea 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 to an adequately anchored foundation system in accordance with the provisions of subsection 18.160 020(1)(2), regulations adopted by the Oregon Department of iommerco and with the manufacturer's installation F specifications. r 18.26.030 (Meaning of Specific Words and Terms) Base Flood. The flood having a one percent chance of being equalled or • gYen "e?r. Also referred to as the "100-year flood." ' excPe:e: 'r: aany -- Floodway. The normal stream or drainage channel and what adjoining area of the natural floodplain needed to convey the waters; and including the 0-foot € rise floodway area defined by the U.S. Corps of Engineers Flood Insurance Study, February, 1984. Floodways must be reserved in order to discharge the z base flood without cumulatively increasing the water surface elevation. E Substantial Improvement. Any repair, reconstruction or improvement of a r structure, the cost of which equals or exceeds 50 percent of the market value r of the structure either: •' before the improvement or repair isstarted, or E ' x L-21 if the structurehas been damaged and is being restored, before the damage occurred. "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not however, include either: r: ZOA 87-01 FEMA CHANGES - PAGE 13 .i any proiect for improvement of a structure to compl with existing state or local healthy sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure_listed on the National etc istar ? 4istoriC Places or a State Inventory of Historic Places. (DAS:cn/3204P) 7 k ZOA 87-0' FEMA CHANGES - PAGE 14 N'