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Ordinance No. 23-09 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 23-09 AN ORDINANCE AMENDING TIGARD COMMUNITY DEVELOPMENT CODE CHAPTERS 18.30 (DEFINITIONS) AND 18.510 (SENSITIVE LANDS) AND ADOPTING A NEW TITLE 9 OF THE TIGARD MUNICIPAL CODE (AREAS OF SPECIAL FLOOD HAZARD) TO ADOPT UPDATED FLOODPLAIN REGULATIONS IN ORDER TO MAINTAIN PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the State of Oregon has, in ORS 197.175, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry;and WHEREAS, the flood hazard areas of the City of Tigard are subject to periodic inundation which may result in loss of life and property,health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief,and impairment of the tax base, all of which adversely affect the public health, safety,and general welfare;and WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities,and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss;and WHEREAS,it is the purpose of this ordinance to promote public health, safety, and general welfare,and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains;electric,telephone and sewer lines;and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; G. Notify potential buyers that the property is in an area of special flood hazard; H. Notify those who occupy areas of special flood hazard that they assume responsibility for their actions;and I. Participate in and maintain eligibility for flood insurance and disaster relief;and WHEREAS,in order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that development vulnerable to floods,including facilities which serve such uses,be protected against flood damage at the time of initial construction; ORDINANCE No.23-09 Page 1 C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling,grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas;and WHEREAS,in the interpretation and application of this ordinance, all provisions will be: A. Considered as minimum requirements; B. liberally construed in favor of the governing body;and C. Deemed neither to limit nor repeal any other powers granted under state statutes;and WHEREAS, this ordinance will not create liability on the part of the City of Tigard,any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder;and WHEREAS, the Assistant Community Development Director, serving as the City's Floodplain Administrator, or their designee is hereby appointed to administer,implement,and enforce this ordinance by granting or denying development permits in accordance with its provisions.The Floodplain Administrator may delegate authority to implement these provisions;and WHEREAS, the duties of the Floodplain Administrator, or their designee,include, but are not limited to review all development permits to determine that: A. The permit requirements of this ordinance have been satisfied; B. 'All other required local, state, and federal permits have been obtained and approved; C. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions are met; D. Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of Code of Federal Regulations (CFR) 60.3(a)(3);60.3(b)(4); 60.3(b)(3); and Technical Bulletin 10-01; E. Provide to building officials the Base Flood Elevation (BFE) applicable to any building requiring a development permit; F. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined by CFR 59.1; G. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in CFR 60.3(b)(6) and (7);and H. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation;and WHEREAS, the Floodplain Administrator will notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area,to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood ORDINANCE No. 23-09 Page 2 Insurance Rate Maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of the community, suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority;and WHEREAS, amendments to the Tigard Community Development Code Chapter 18.30, Chapter 18.510, and amendments to the Tigard Municipal Code to create a new Title 9, Areas of Special Flood Hazard, would ensure the City's participation in the National Flood Insurance Program;and WHEREAS,FEMA reviewed the amendments and approved the changes as being compliant with the National Flood Insurance Program requirements;and WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice of the public hearing was given in conformance with Community Development Code Section 18.710.120;and WHEREAS, the Tigard Planning Commission held a duly noticed public hearing on November 13, 2023 and recommended with a unanimous vote that Council approve the proposed code amendment,as amended;and WHEREAS, the Tigard City Council held a public hearing on December 12, 2023 to consider the proposed amendments;and WHEREAS, the Tigard City Council has considered the Planning Commission recommendation;and WHEREAS, the Tigard City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; applicable federal and state statutes and regulations; applicable Metro regulations; applicable Comprehensive Plan Policies; and applicable provisions of the City's implementing ordinances;and WHEREAS, the Tigard City Council has determined that the proposed development code amendments are consistent with the applicable review criteria and approves amendments to the Tigard Community Development Code as being in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Council adopts the findings recommended by the Planning Commission as contained in the November 20, 2023 Staff Report to the City Council, included as "Exhibit A" to this Ordinance,as the basis in support of the corresponding code amendments. SECTION 2: Tigard Municipal Code Tide 9 is a new tide for Areas of Special Flood Hazard as shown in "Exhibit B" to this Ordinance. SECTION 3: Tigard Community Development Code Chapter 18.30 Definitions is amended as shown in "Exhibit C" and Chapter 18.510 Sensitive Lands is amended as shown in "Exhibit D" to this Ordinance. ORDINANCE No. 23-09 Page 3 SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By A V1 114111-.f vote of all Council members present after being read by number and title only,this l o qday of De(e h?b y ,2023. Jesse B. Raymundo,Deputy City Recorder APPROVED: By Tigard City Council this la day of Inc(,2 ryl be i- ,2023. Ap roved as to form: Yi-Ka g Hu, Cocil President City Attorney I I 9.0'a-fS Date ORDINANCE No. 23-09 Page 4 EXHIBIT A Agenda Item: #1 Hearing Date: December 12,2023 Time: 6:30 PM PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: REQUIRED FEMA NFIP REGULATORY UPDATES CASE NO.: Development Code Amendment (DCA) DCA2023-00002 PROPOSAL: The City is proposing development code and municipal code amendments to the Area of Special Flood Hazard regulations. These amendments are necessary to incorporate regulatory changes required by the Federal Emergency Management Agency (FEMA). These regulatory changes are required in order for the City of Tigard to continue participation in the National Flood Insurance Program (NFIP). The proposed amendments include: - A new Municipal Code Title 9 that contains definitions, applicability, general provisions,NFIP standards, and violation procedures; - Updates to Tigard Community Development Code (TCDC) Chapter 18.30, Definitions; and - Updates to TCDC Chapter 18.510, Sensitive Lands,that move procedural requirements and general standards to the new Title 9. The proposed text amendments for the City Council's review are included in Attachment 1, and summarized below in this report. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 7 (Areas subject to Natural Hazards); METRO's Urban Growth Management Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2, REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 1 OF 10 EXHIBIT A 2.1.3, 2.1.11, 2.1.20, 7.1.4, 7.1.5, 7.1.7, 7.1.8, 7.1.9, 7.1.11, 7.1.14, and 11.1.1; and TCDC Chapters 18.790. SECTION II. PLANNING COMMISSION RECOMMENDATION Planning Commission recommends approval by ordinance of the proposed development code and municipal code text amendments (Attachment 1) SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Required FEMA NFIP Regulatory Update The purpose of the proposed amendments is to incorporate regulatory changes required by the Federal Emergency Management Agency (FEMA). These regulatory changes are required in order for the City of Tigard to continue participation in the National Flood Insurance Program (NFIP). A brief summary of the National Flood Insurance Program and the proposed changes is provided below. The NFIP is a federal program that was established in 1968 through the passage of the National Flood Insurance Act and administered by FEMA. The program allows owners of properties within the Area of Special Flood Hazard to obtain federally-backed insurance for their properties in jurisdictions that have adopted land use regulations for development in the floodplain. The Area of Special Flood Hazard is a term that has evolved over the years and, to avoid confusion, needs some explanation. In the past, this area was often referred to, erroneously, as the "100-year floodplain." Technically, it is an area near water bodies that has a statistical one percent chance of flooding in any given year. The term 100-year floodplain is misleading because it gives the impression that the area will only flood once every 100 years. In reality that level of flooding or higher could occur in consecutive years as the one percent chance is estimated based on only decades of data. Additionally, urban development can increase flooding levels over time. The term "Special Flood Hazard Area" was used for a time by FEMA but they have now changed that term again to "Area of Special Flood Hazard" (ASFH),which is the term used throughout this report and the proposed new regulations. In addition to providing insurance, the NFIP provides maps the Nation's floodplains, known as Flood Insurance Rate Maps (FIRM) which results from a Flood Insurance Study. The FIRM is an official map on which FEMA has delineated both the ASFH and other flood zones within a community. The FIRM is used in determining which properties are subject to a jurisdiction's floodplain regulations and whether a property owner is required to obtain flood insurance as well as providing information on the insurance rate. Floodplain boundaries do not stay constant but rather undergo change over time due to the effects of erosion, development impacts, vegetation removal, and other factors. To account for floodplain boundary changes, FEMA periodically adjusts the ASFH maps used by local jurisdictions. The City of Tigard does not conduct floodplain inventories and relies on FEMA for the determination of the ASFH boundary. Prior to amending the FIRM and/or developing new or revised floodplain requirements as part of the NFIP updates, FEMA coordinates with local jurisdictions to determine REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 2 OF 10 EXHIBIT A changes in local flood conditions. Updates to the local FIRM and a corresponding Flood Insurance Study (FIS) Report for all of Washington County were most recently completed by FEMA in 2017. Additionally, FEMA periodically amends the regulatory requirements of the NFIP. In 2018, the City adopted a new FIRM. At that time the City was notified that with the adoption of the new FIRM, FEMA Region 10 was requiring jurisdictions to review their current floodplain regulations to ensure they continue to meet the requirements for participation in the NFIP. Also in 2018, the City adopted new development code amendments (DCA2018-00002) in accordance with FEMA's review. In 2021, the City was notified by the Oregon Department of Land Conservation and Development (DLCD) through FEMA's Community Assistance Contact (CAC) process that Tigard was due for a FEMA audit. Periodic FEMA audits are conducted by DLCD staff on behalf of FEMA. The FEMA Community Assistance Program helps states proactively identify, prevent, and resolve floodplain management issues in participating communities before a flood event occurs. As part of the audit DLCD staff notified Tigard that further amendments to the ASFH regulations would be required to meet the minimum standards for participation in the NFIP. Tigard was informed by FEMA that adoption of their model ordinance would be required in order for the City of Tigard to remain a participant in NFIP. Tigard was given no choice in the matter and the proposed amendments reflect the exact language in FEMA's model ordinance. However, Tigard was allowed some flexibility in where to place the model ordinance language within our municipal and development codes. Given the complexity and breadth of the model ordinance language, staff is proposing a new Municipal Code Title—Title 9 Areas of Special Flood Hazard—for exclusive placement of the ASFH regulations. The new title will contain definitions, applicability,general provisions,NFIP standards, and violation procedures. The creation of the new Title 9 also necessitates changes to the development code to reflect the transfer of some of the regulations and to add cross references. Most of the standards and language contained in TCDC Chapter 18.510 is out of compliance with the model ordinance language, as described below. Finally, having the regulations in a new Title 9 will allow for easier future changes to the regulations in compliance with FEMA direction. Proposed Amendments Amend the Tigard Community Development Code Definitions (TCDC 18.30) and Sensitive Lands Chapter (TDC 18.510) as proposed: o Text Amendments to Chapter 18.30 (Definitions) to establish a new definition for"Area of Special Flood Hazard" and move definitions for"Critical Facilities" to new Title 9; o Text Amendments to Chapter 18.510 (Sensitive Lands) to add references to standards in the new Title 9; o Text Amendments to Chapter 18.510 (Sensitive Lands) to move the administrative provisions to new Title 9 (Areas of Special Flood Hazard) under General Provisions; o Text Amendments to Chapter 18.510 (Sensitive Lands) to move development standards to new Title 9 (Areas of Special Flood Hazard) under NFIP Standards; REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 3 OF 10 EXHIBIT A o Text Amendments to Chapter 18.510 (Sensitive Lands) to move definitions to new Title 9 (Areas of Special Flood Hazard) under Definitions; and o Text Amendments to Chapter 18.510 (Sensitive Lands) to move violation language to new Title 9 (Areas of Special Flood Hazard) under Violations. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA This section contains all of the applicable city, state, and Metro policies, provisions, and criteria that apply to the proposed amendments. City of Tigard Community Development Code: Chapter 18.790: Text and Map Amendments City of Tigard Comprehensive Plan: Chapter 1: Citizen Involvement Chapter 2: Land Use Planning Chapter 7: Hazards Chapter 11: Public Facilities Metro Functional Plan: Title 3: Water Quality and Flood Management Title 8: Compliance Procedures Statewide Planning Goals: Goal 1: Citizen Involvement Goal 2: Land Use Planning Goal 7: Areas subject to Natural Hazards Goal 11: Public Facilities and Services SECTION IV. APPLICABLE CRITERIA AND FINDINGS 18.790.020 Legislative Amendments A. Legislative amendments shall be processed through a Legislative procedure, as provided in Section 18.710.120. FINDING: The proposed amendments are legislative in nature. Therefore, the amendments will be reviewed under the Legislative procedure. This procedure requires public hearings by both the Planning Commission and City Council. Public hearings are scheduled for November 13, 2023 and December 12, 2023. This standard is satisfied. B. Approval considerations.A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 4 OF 10 EXHIBIT A Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided in this staff report for the applicable legal requirements on which the recommendation by the Commission and the decision by the Council must be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with the requirements for legislative amendments. TIGARD COMPREHENSIVE PLAN State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals and consistent with State Goals and Policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: This policy has been met by complying with the Tigard Community Development Code notice requirements set forth in Section 18.710.120. Planning Commission public hearing notices were sent by US Postal Service on October 16, 2023 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper October 19, 2023. City Council public hearing notices were sent by US Postal Service on November 20, 2023 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper November 23, 2023. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held where an opportunity for public input is provided. The Planning Commission hearing was held on November 13, 2023 and a City Council hearing is scheduled for December 12, 2023. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Community Development Code continue to establish clear policy direction, comply with state and regional requirements, serve the City's citizens' own interests, and are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 5 OF 10 EXHIBIT A FINDING: As demonstrated in this staff report, the proposed land use regulations (amendments to the Tigard Community Development Code), related plans, and implementing actions continue to be consistent with and implement the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to other affected jurisdictions and agencies, who were invited to comment on the proposal. Responses are discussed in Section V of this report. Comments submitted by affected agencies have been incorporated into this report and the proposed amendments. This policy is satisfied. Policy 2.1.11: The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. FINDING: The proposed amendments include the adoption of regulatory changes required by FEMA, which will maintain the City's participation in the National Flood Insurance Program and protect public safety and welfare for properties located within the ASFH. This policy is satisfied. Policy 2.1.20: The City shall periodically review and,if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs,provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. FINDING: In 2021, the City was notified by DLCD through FEMA's Community Assistance Contact process that amendments to the special flood hazard area regulations are required to meet the minimum standards for participation in the NFIP. FEMA's Community Assistance Program helps states proactively identify,prevent, and resolve floodplain management issues in participating communities before a flood event occurs. The proposed amendments include the adoption of regulatory changes required by FEMA,which will maintain the City's participation in the National Flood Insurance Program and protect the public welfare for properties located within the ASFH. The proposed amendments ensure that the City's implementing measures are current and responsive to community needs,provide reliable information, and conform to applicable state law, administrative rules, and regional requirements.This policy is satisfied. Comprehensive Plan Goal 7: Hazards Policy 7.1.4: The City shall design and construct public facilities to withstand hazardous events with a priority on hazard protection of public services and facilities that are needed to provide emergency response services. FINDING: The proposed amendments include the adoption of updated regulations for the design and construction of public facilities to withstand hazardous events—with specific regulations that prioritize hazard protection of public services and facilities that are needed to provide emergency response services. These amendments include a new Tide 9 that provides standards for various development activities including the design and construction of critical public facilities. Additionally, REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 6 OF 10 EXHIBIT A adoption of these amendments will ensure the City's continued participation in the NFIP. This policy is satisfied. Policy 7.1.5: The City shall apply and enforce the most current building code standards to protect the built environment from natural disasters and other hazards. FINDING: The City of Tigard administers and enforces the State of Oregon Specialty Codes,which contain certain provisions that apply to the design and construction of buildings and structures located in ASFH.The proposed amendments will to be administered and enforced in conjunction with the Oregon Specialty Codes. The proposed amendments include the adoption of updated regulations for development within the ASFH. These amendments, together with the Oregon Specialty Codes,will ensure that the City will apply and enforce the most current building code standards to protect the built environment from natural disasters and flood hazards. This policy is satisfied. Policy 7.1.7: The City shall comply with the Federal Emergency Management Agency (FEMA) flood regulations, which include standards for base flood levels, flood proofing, and minimum finished floor elevations. FINDING: The proposed amendments implement the latest FEMA required regulatory updates including standards for base flood level, flood proofing, and minimum finished floor elevations. This policy is satisfied. Policy 7.1.8: The City shall prohibit any land form alterations or developments in the 100- year floodplain which would result in any rise in elevation of the 100-year floodplain. FINDING: The City's current development code prohibits landform alterations or developments in the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Changes to this requirement are not proposed. Under the proposed amendments all new development will continue to meet this requirement. This policy is satisfied. Policy 7.1.9: The City shall not allow land form alterations of development within the 100- year floodplain outside the zero-foot rise floodway unless: A. The streamflow capacity of the zero-foot rise and floodway is maintained; and B. Engineered drawings and/or documentation shows there will be no detrimental upstream or downstream effects in the floodplain area. FINDING: The City's current development code prohibits landform alterations or developments in the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Changes to this requirement are not proposed Under the proposed amendments all new development will continue to meet this requirement and will need to provide the required documentation and engineered drawings. This policy is satisfied. Policy 7.1.11: The City shall comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the floodplain. FINDING: The proposed amendments will ensure that the City's regulations will continue to comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 7 OF 10 EXHIBIT A floodplain. This is a basic requirement of the FEMA regulations, which is also a component of Metro Title 3 regulations.This policy is satisfied. Policy 7.1.14: The City shall work to reduce the risk of loss of life and damage to property from severe weather events. FINDING: The proposed amendments included in the new Title 9 reduce the risk of loss of life and damage to property from severe weather events, particularly flooding events. These standards are applied in conjunction with the state building code to reduce the risk of damage to property. This policy is satisfied. Comprehensive Plan Goal 11: Public Facilities and Services Policy 11.1.1: The City shall require that all new development: C. Meet or exceed regional, state, and federal standards for water quality and flood protection. FINDING: The proposed amendments adopt the FEMA required regulatory updates for development within the ASFH—meeting federal standards for flood protection. The purpose of the proposed amendments is to incorporate regulatory changes required by the Federal Emergency Management Agency (FEMA) to comply with the latest standards and continue participation in the NFIP. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendments are consistent with applicable provisions of the Tigard Comprehensive Plan. METRO Urban Growth Management Functional Plan State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Within the Portland metropolitan region, METRO also has responsibility for administering state planning regulations. This is accomplished through METRO's adopted Urban Growth Management Functional Plan (UGMFP). Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the UGMFP, only applicable UGMFP Titles are addressed below. Title 3: Water Quality and Flood Management: The intent of this goal is to protect the beneficial water uses and functions and values of resources within the Water Quality and Flood Management Areas by limiting or mitigating the impact on these areas from development activities and protecting life and property from dangers associated with flooding. FINDING: The proposed amendments will ensure that the City's regulations will continue to comply with Metro Title 3 UGMFP requirements for limiting or mitigating the impact from development activities on Metro's designated Water Quality and Flood Management Areas as well as protecting life and property from the dangers associated with flooding. This is a basic requirement of the FEMA regulations, which is also a component of Metro Title 3 regulations. This policy is satisfied. REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 8 OF 10 EXHIBIT A Title 8: Compliance Procedures The purposes of this chapter are to establish a process for ensuring city or county compliance with requirements of the Urban Growth Management Functional Plan and for evaluating and informing the region about the effectiveness of those requirements. FINDING: This title has been met by complying with the Tigard Community Development Code notice requirements set forth in Section 18.710.120. Planning Commission public hearing notices were sent by US Postal Service on October 16, 2023 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper October 19, 2023. City Council public hearing notices were sent by US Postal Service on November 20, 2023 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper November 23, 2023. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held where an opportunity for public input is provided. The Planning Commission hearing was held on November 13, 2023 and a City Council hearing is scheduled for December 12, 2023. These actions meet or exceed the specific requirements contained in Metro Title 8. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendments are consistent with Metro's Urban Growth Management Functional Plan. Statewide Planning Goals Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for the land use planning process, including the adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. Goal 7—Areas Subject to Natural Hazards: This goal requires that local comprehensive plans to address Oregon's natural hazards. Protecting people and property from natural hazards requires knowledge, planning, coordination, and education. Goal 11—Public Facilities and Services: This goal requires that local comprehensive plans to address Oregon's natural hazards. Protecting people and The proposed amendments comply with Statewide Planning Goals 1, 2, 7, and 11 through the implementation of the City of Tigard Comprehensive Plan, which was most recently acknowledged by the State on June 23. 2022. The applicable City Comprehensive Plan goals and polices have been addressed previously in this report. These goals and policies are satisfied. REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 9 OF 10 EXHIBIT A CONCLUSION: Based on the findings above, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. SUMMARY CONCLUSION: As shown in the findings provided in this report, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's UGMFP; applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS Washington County, Metro, ODOT, DLCD, DEQ, ODFW, OR Dept. of Geo. & Mineral Ind., Beaverton School District, CWS, Comcast, Lumen, NW Natural, PGE, Portland & Western Railroad, TTSD, Tri-Met, TVWD, TVF&R, Pride Disposal, Union Pacific Railroad, Waste Management, Ziply Fiber were notified of the proposed code text amendments but provided no comment. SECTION VI. PUBLIC COMMENTS The City had not received any public comments at the time this report was written. ATTACHMENTS: Attachments: 1. Text Amendments // November 20, 2023 PREPA 'CY: Agnes Lindor DATE Senior Planner November 20, 2023 APPROVED BY: Tom McGuire DATE Assistant Community Development Director REQUIRED FEMA NFIP REGULATORY UPDATES DCA2023-00002 12/12/2023 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION PAGE 10 OF 10 EXHIBIT A Attachment 1 Chapter 9.10 AREAS OF SPECIAL FLOOD HAZARD Sections: 9.10.010 Purpose 9.10.020 Definitions 9.10.030 Applicability 9.10.040 General Provisions 9.10.050 National Flood Insurance Program Standards 9.10.060 Violations 9.10.010 Purpose The purpose of this chapter is to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; G. Notify potential buyers that the property is in an area of special flood hazard; H. Notify those who occupy areas of special flood hazard that they assume responsibility for their actions; and I. Participate in and maintain eligibility for flood insurance and disaster relief. 9.10.020 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as Areas of Special Flood Hazard 9.10-1 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 to give them the meaning they have in common usage. These definitions are only applicable to this chapter and Tigard Community Development Code (TCDC) Chapter 18.510, Sensitive Lands. A. Appeal: A request for a review of the interpretation of any provision of this chapter or a request for a variance. B. Area of shallow flooding: A designated Zone AO, AH, AR/AO or AR/AH (or VO) on the city's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. C. Area of Special Flood Hazard: The land in the floodplain within the city subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard". D. Base flood: A flood having a one percent chance of being equaled or exceeded in any given year. E. Base flood elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. F. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. G. Critical facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; new and replacement bridges; hospitals; police, fire, and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. H. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. I. Flood or Flooding: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Tigard Municipal Code (TMC) 9.10.020.I.1.b of this definition and are akin to a river Areas of Special Flood Hazard 9.10-2 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in TMC 9.10.020.I.1.a of this definition. J. Flood elevation study: See "Flood Insurance Study." K. Flood Insurance Rate Map (FIRM): The official map of the city, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the city. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). L. Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) or flood-related erosion hazards. M. Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. N. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." 0. Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. P. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Q. Historic structure: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Areas of Special Flood Hazard 9.10-3 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a City of Tigard Historic Resources list acknowledged by the Secretary of the Interior. R. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. S. Manufactured dwelling: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with"manufactured home." T. Manufactured dwelling park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale. U. Mean sea level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on the city's Flood Insurance Rate Map are referenced. V. New construction: For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by City of Tigard and includes any subsequent improvements to such structures. W. Recreational vehicle: A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. X. Special flood hazard area: See "Area of special flood hazard" for this definition. Y. Start of construction: Includes substantial improvement and means the date the building Areas of Special Flood Hazard 9.10-4 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Z. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling. AA. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. BB. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." CC. Violation: The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. 9.10.030 Applicability A. All development within areas of special flood hazard is subject to the terms of this chapter and is required to comply with its provisions and all other applicable regulations including but not limited to TCDC Chapter 18.510, Sensitive Lands. Areas of Special Flood Hazard 9.10-5 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 B. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled"The Flood Insurance Study for Washington County, Oregon and Incorporated Areas effective October 19, 2018"with accompanying Flood Insurance Map (FIRM Panels:41067C0529F, 41067C0533E, 41067C0534E, 41067C0541E through 41067C0544E, and 41067C0563E) is hereby adopted by reference and declared to be a part of this ordinance. 9.10.040 General Provisions A. Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of Tigard administers and enforces the State of Oregon Specialty Codes, the City of Tigard does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in areas of special flood hazard. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. B. Warning. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. C. Permit Review. The duties of the Floodplain Administrator, or their designee, shall include, but not be limited to review all development permits to determine that: 1. The permit requirements of this ordinance have been satisfied; 2. All other required local, state, and federal permits have been obtained and approved; 3. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions are met; 4. Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation data is available either through the Flood Insurance Study or from another authoritative source. If Base Flood Elevation data is not available then ensure compliance with the provisions of TMC 9.10.050.J; 5. Provide to building officials the Base Flood Elevation applicable to any building requiring a development permit; 6. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined by TMC 9.10.020; Areas of Special Flood Hazard 9.10-6 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 7. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in TMC 9.10.050.C; and 8. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation. D. Information to be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed: 1. Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation data is provided through the Flood Insurance Study, Flood Insurance Rate Map, or obtained in accordance with TMC 9.10.050.J. 2. Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of TMC 9.10.050.N are adhered to and all other required local, state, and federal permits have been obtained and approved. 3. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor(including basement). 4. Where base flood elevation data are utilized, obtain record drawing certification of the elevation(in relation to mean sea level) of the lowest floor(including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection. 5. Maintain all Elevation Certificates submitted to the City of Tigard. 6. Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where Base Flood Elevation data is provided through the FIS, FIRM, or obtained in accordance with TMC 9.10.050.J. 7. Maintain all floodproofing certificates required under this chapter. 8. Record and maintain all variance actions, including justification for their issuance. 9. Obtain and maintain all hydrologic and hydraulic analyses performed as required under TMC 9.10.050.N. 10. Record and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under TMC 9.10.040.H. Areas of Special Flood Hazard 9.10-7 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 11. Maintain for public inspection all records pertaining to the provisions of this chapter. E. City Boundary Alterations. The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the city's boundaries. The notification will include a copy of a map of the city suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority. F. Watercourse Alterations. The Floodplain Administrator shall notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision along with either a proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance. The applicant shall be required to submit a Conditional Letter of Map Revision when required under TMC 9.10.040.G to ensure compliance with all applicable requirements in TMC 9.10.040.G and 9.10.050.C. G. Requirement to Submit New Technical Data. The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city must notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 of the Code of Federal Regulations (CFR), Section 65.3. The city may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change process. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation and proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. An applicant shall notify FEMA within six months of project completion when an applicant has obtained a Conditional Letter of Map Revision from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision. H. Substantial Improvement and Substantial Damage Assessments and Determinations. The Floodplain Administrator shall: 1. Conduct Substantial Improvement(as defined in TMC 9.10.020)reviews for all structural development proposal applications and maintain a record of Substantial Improvement calculations within permit files in accordance with TMC 9.10.040.D. 2. Conduct Substantial Damage assessments when structures are damaged due to a natural Areas of Special Flood Hazard 9.10-8 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 hazard event or other causes. 3. Make Substantial Damage determinations whenever structures within the area of special flood hazard (as established in TMC 9.10.030.B) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. I. Floodplain Development Permit Required. A development permit shall be obtained before construction or development begins within any area horizontally within the area of special flood hazard established in TMC 9.10.030.B. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in TMC 9.10.020, including fill and other development activities. J. Application for Development Permit. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. In riverine flood zones, the proposed elevation(in relation to mean sea level), of the lowest floor(including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of TMC 9.10.040.D; 2. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; 3. Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in TMC 9.10.050.M.3; 4. Description of the extent to which any watercourse will be altered or relocated; 5. Base Flood Elevation data for subdivision proposals or other development when required by this chapter; 6. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure; and 7. The amount and location of any fill or excavation activities proposed. K. Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this chapter. Areas of Special Flood Hazard 9.10-9 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 L. Abrogation. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 9.10.050 National Flood Insurance Program General Standards In all areas of special flood hazard, the following standards shall be adhered to: A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Alteration of watercourses. The Floodplain Administrator shall require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained and that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Compliance with TMC 9.10.040.F and 9.10.040.G. D. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured dwellings shall be anchored in accordance with TMC 9.10.050.M.4. E. Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems. 1. All new and replacement water supply systems shall be designed to minimize or eliminate 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. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with Oregon Department of Environmental Quality regulations. F. Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilating, air- conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of Areas of Special Flood Hazard 9.10-10 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall, if replaced as part of a substantial improvement, meet all the requirements of this section. G. Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood. H. Critical facilities. Construction of new critical facilities must be, to the extent practicable, located outside areas of special flood hazard. 1. Construction of new critical facilities, other than critical bridges, are allowed within areas of special flood hazard if no feasible alternative site is available and the following applicable criteria are met: a. Critical facilities constructed within areas of special flood hazard must have the lowest floor elevated 3 feet above base flood elevation or to the height of the 500- year flood, whichever is higher. b. To the extent practicable, access to and from the critical facility should also be protected to 3 feet above base flood elevation or to the height of the 500-year flood, whichever is higher. c. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. 2. All new and replacement critical bridges must have the lowest extension of the bridge superstructure elevated 3 feet above base flood elevation or to the height of the 500-year flood, whichever is higher. 3. Where standard TMC 9.10.050.H.2 cannot be met, an analysis of alternative bridge designs is required by a registered professional civil engineer. The proposed encroachment will result in the least impact to base flood levels in the area of special flood hazard of the practicable alternative bridge designs—as demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice. I. Subdivision Proposals. 1. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data. Areas of Special Flood Hazard 9.10-11 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 2. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall: a. Be consistent with the need to minimize flood damage; b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and c. Have adequate drainage provided to reduce exposure to flood hazards. J. Use of Other Base Flood Data. When Base Flood Elevation data has not been provided in accordance with TCDC 9.10.030.B the local floodplain administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer TMC 9.10.050. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of TMC 9.10.050.I. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided Base Level Engineering data, and photographs of past flooding, etc. When no base flood elevation data is available, the elevation requirement for development proposals within a riverine unnumbered A Zone is a minimum of two (2) feet above the highest adjacent grade, to be reasonably safe from flooding. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. K. Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes: 1. When a structure is located in multiple flood zones on the city's pertinent Flood Insurance Rate Maps (FIRM)the provisions for the more restrictive flood zone shall apply. 2. When a structure is partially located in an area of special flood hazard, the entire structure shall meet the requirements for new construction and substantial improvements. L. Specific Standards for Riverine (including all non-coastal) flood zones. These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in TMC 9.10.050.A through K. 1. Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall: Areas of Special Flood Hazard 9.10-12 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 a. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exist of floodwaters; b. Be used solely for parking, storage, or building access; and c. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: i. A minimum of two openings; ii. The total net area of non-engineered openings shall be not less than one (1) square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls; iii. The bottom of all openings shall be no higher than one (1) foot above grade; iv. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area; and v. All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. 2. Garages. Attached garages may be constructed with the garage floor slab below the Base Flood Elevation in riverine flood zones, if the following requirements are met: a. If located within a floodway the proposed garage must comply with the requirements of TMC 9.10.050.N; b. The floors are at or above grade on at least than one side; c. The garage is used solely for parking,building access, and/or storage; d. The garage is constructed with flood openings in compliance with TMC 9.10.050.L.1 to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater; e. The portions of the garage constructed below the Base Flood Elevation are constructed with materials resistant to flood damage; f. The garage is constructed in compliance with the general standards TMC 9.10.050.A through K; and Areas of Special Flood Hazard 9.10-13 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 g. The garage is constructed with electrical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. 3. Detached Garages. Detached garages must be constructed in compliance with the standards for appurtenant structures in TMC 9.10.050.M.6 or non-residential structures in TMC 9.10.050.M.3 depending on the square footage of the garage. M. For Riverine (non-coastal) Areas of Special Flood Hazard with Base Flood Elevations. In addition to the general standards in TMC 9.10.050.A through K, the following specific standards shall apply in riverine (non-coastal) areas of special flood hazard with Base Flood Elevations: Zones Al-A30, AH, and AE. 1. Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones Al-30 and AE on the city's Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the city. 2. Residential Construction. a. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at one (1) foot above the Base Flood Elevation. b. Enclosed areas below the lowest floor shall comply with the flood opening requirements in TMC 9.10.050.L.1. 3. Non-Residential Construction. a. New construction, conversion to, and substantial improvement of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement elevated at one (1) foot above the Base Flood Elevation. Or, together with attendant utility and sanitary facilities: i. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development or review of the Areas of Special Flood Hazard 9.10-14 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth TMC 9.10.040.D. b. Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in TMC 9.10.050.L.1. c. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one (1) foot below. 4. Manufactured Dwellings. a. Manufactured dwellings to be placed(new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with TMC 9.10.050.L.1; b. The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation; c. Manufactured dwellings to be placed(new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques); and d. Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE). 5. Recreational Vehicles. Recreational vehicles placed on sites are required to: a. Be on the site for fewer than 180 consecutive days; and b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the requirements of TMC 9.10.050.M.4, including the anchoring and elevation requirements for manufactured dwellings. 6. Appurtenant(Accessory) Structures. Relief from elevation or floodproofing requirements for residential and non-residential structures in Riverine (non-coastal) flood zones may be granted for appurtenant structures that meet the following requirements: Areas of Special Flood Hazard 9.10-15 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 a. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in TMC 9.10.050.N; b. Appurtenant structures must only be used for parking, access, or storage and shall not be used for human habitation; c. Appurtenant structures on properties are limited to one-story structures less than 600 square feet in A zones and must meet applicable setbacks from property lines; d. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; e. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood; f. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in TMC 9.10.050.L.1; g. Appurtenant structures shall be located and constructed to have low damage potential; h. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed incompliance with TMC 9.10.050.G; and i. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. N. Floodways. Located within the areas of special flood hazard established in TMC 9.10.030.B are areas designated as floodways. Because the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless: a. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the city during the occurrence of the base flood discharge; or, b. A city may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations,provided that a Conditional Letter of Areas of Special Flood Hazard 9.10-16 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 Map Revision is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, Section 65.12 are fulfilled. 2. If the requirements of TMC 9.10.050.N.1 are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of TMC 9.10.050. 0. Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 1. Standards for AH Zones. Development within AH Zones must comply with the standards in TMC 9.10.050.A through 0. 2. Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in TMC 9.10.050.A through K and TMC 9.10.050.0. a. New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the Flood Insurance Rate Maps or at least two (2) feet if no depth number is specified. For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. b. New construction, conversion to, and substantial improvements of non-residential structures within AO zones shall either: i. Have the lowest floor(including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the Flood Insurance Rate Maps or at least two (2) feet if no depth number is specified; or ii. Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the Flood Insurance Rate Map or a minimum of two (2) feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of Areas of Special Flood Hazard 9.10-17 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in TMC 9.10.050.M.3.a.iii. c. Recreational vehicles placed on sites within AO Zones on the city's Flood Insurance Rate Maps shall either: i. Be on the site for fewer than 180 consecutive days, and ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or iii. Meet the elevation requirements of TMC 9.10.050.O.2.a, and the anchoring and other requirements for manufactured dwellings of TMC 9.10.050.M.4. d. In AO zones, new and substantially improved appurtenant structures must comply with the standards in TMC 9.10.050.M.6. e. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in TMC 9.10.050.L.1. 9.10.060 Violations No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations including but not limited to TCDC Chapter 18.510, Sensitive Lands. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class 1 civil infraction, processed according to the procedures in the civil infractions ordinance, set out in TMC Chapter 1.16. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition and not in lieu of any remedies available to the city. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. Nothing contained herein shall prevent the City of Tigard from taking such other lawful action as is necessary to prevent or remedy any violation. Areas of Special Flood Hazard 9.10-18 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 Chapter 18.30 DEFINITIONS Sections: 18.30.010 List of Terms 18.30.020 Definitions 18.30.010 List of Terms -A- Area of Special Flood Hazard -See Flood-Related Definitions -C- Critical Facility See Flood Related Definitions -F- Flood-Related Definitions: • Area of Special Flood Hazard • Base Flood • Critical Facility • Flood or Flooding • Floodway • Floodway Fringe • Special Flood Hazard Area Flood or Flooding- See Flood-Related Definitions 18.30.020 Definitions As used in this title and corresponding administrative rules, terms, and phrases are defined as provided in this section. For additional definitions, see Chapter 18.60, Use Categories; Chapter 18.435, Signs; and Chapter 18.510, Sensitive Lands. F. "F" definitions. 7. Flood-related definitions: a. Area of Special Flood Hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, or AR. "Special flood hazard area"is synonymous in meaning and definition with the phrase "area of special flood hazard". Definitions 18.30-1 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 b. "Base flood" - A flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 year flood." b. "Critical facility" A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; hospitals; police, fire, and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. c. "Flood or Flooding" - A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. i. The overflow of inland or tidal waters. ii. The unusual and rapid accumulation or runoff of surface waters from any source. iii. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in TMC 18.30.020.F.7.c.ii of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. d. "Floodway" - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. e. "Floodway fringe" - The area of the special flood hazard area lying outside of the floodway. f. "Special Flood Hazard Area"-See"Area of special flood hazard"for this definition. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area(SFHA)on NFIP maps. The SFHA is the arca where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al 30, AE, A99, AR, AR/AI 30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1 30, VE, and V. Also referred to as the "100 year floodplain." Definitions 18.30-2 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 . • • • . ' . . . . . . . - . . . • . Reserved 18.510.050 General Provisions for Wetlands 18.510.060 Approval Period and Extensions 18.510.070 Sensitive Lands Applications 18.510.080 Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek 18.510.090 Density Transfer and Reductions 18.510.100 Plan Amendment Option 18.510.110 Significant Habitat Areas Map Verification Procedures 18.510.010 Purpose A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations 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 recreation potential. B. Implement comprehensive plan and floodplain management program. The regulations of this chapter apply to all areas of special flood hazard within the City of Tigard. These regulations are intended to implement the comprehensive plan and the city's floodplain management program as required by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program, to help to preserve sensitive land areas from encroaching use, and to maintain the October 19, 2018, zero-foot rise floodway elevation. All development within the areas of special flood hazard are subject to the terms of this ordinance and required to comply with its provisions and all other applicable regulations including Tigard Municipal (TMC) Chapter 9.10. C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in compliance with the CWS "Design and Construction Standards." D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are intended to protect the beneficial water uses and functions and values of resources within water quality and flood management areas and to implement the performance standards of the Metro Urban Growth Management Functional Plan. E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) Sensitive Lands 18.510-1 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 and the safe harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors. F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard areaareas of special flood hazard or 1996 flood inundation line, whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map"; and 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map." (Ord. 20-01 §1; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within 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" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 2. Farm uses conducted without locating a structure within the sensitive land area; except in a water quality sensitive area or vegetative corridor, as defined in CWS "Design and Sensitive Lands 18.510-2 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 3. Community recreation uses, excluding structures; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources. 5. Removal of poison oak, tansy ragwort, blackberry, English ivy, or other noxious vegetation. 6. Maintenance of floodway excluding re-channeling; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. C. Exemptions. When performed under the direction of the city, the following are exempt from the provisions of this section: 1. Responses to public emergencies, including emergency repairs to public facilities; 2. Stream and wetlands restoration and enhancement programs, except in areas of special flood hazard areas when meeting the definition of development in Paragraph 18.510.040.R.1 TMC 9.10.020; 3. Non-native vegetation removal; 4. Planting of native plant species; and Sensitive Lands 18.510-3 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areasareas of special flood hazard when meeting the definition of development in TMC 9.10.020Paragraph 18.510.04 O.R.1. D. Jurisdictional wetlands. Landform alterations or developments that 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, CWS, or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map," do not require a sensitive lands review. The city will require that all necessary approvals from other agencies are obtained. All other applicable city requirements must be met, including sensitive land reviews for areas within the special flood hazard areaaareas of special flood hazard, slopes of 25 percent or greater or unstable ground, drainageways, and wetlands that are not under state or federal jurisdiction. E. Administrative sensitive lands review. 1. Administrative sensitive lands reviews within the special flood hazard arca(excluding the floodway), drainageways, slopes that are 25 percent or greater, and unstable ground are processed through a Type I procedure, as provided in Section 18.710.050, for the following actions: a. The repair, 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. b. Minimal ground disturbance or landform alteration involving 10 to 50 cubic yards of material; and c. Building permits for accessory structures that are 120 to 528 square feet in size. 2. Administrative sensitive lands reviews within the areas of special flood hazard are processed through a Type I procedure, as provided in Section 18.710.050, for the following actions: a. Within the areas of special flood hazard but outside the floodway (floodway fringe): i. The construction of accessory structures up to 528 square feet in size; and ii. Any landform alteration involving up to 50 cubic yards of material. b. Stream and wetland restoration and enhancement programs, including work in the floodway,when performed under the direction of the city. b. Actions within the special flood hazard area: iii. The construction of accessory structures up to 528 square feet in size; and Sensitive Lands 18.510-4 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 iv. Any landform alternation involving up to 50 cubic yards of material. c. Actions within drainageways and slopes that are 25 percent or greater, and unstable ground: i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic ii. Building permits for accessory structures that are 120 to 528 square feet in size. 32. The approval authority will approve, approve with conditions, or deny a sensitive land review application using the standards and approval criteria Sections 18.510.040, 18.510.050, 18.510.070 and 18.510.080. F. Sensitive lands approvals issued by the director. 1. Sensitive land reviews within drainageways, slopes that are 25 percent or greater or unstable ground, and wetland areas that are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map" are processed through a Type II procedure, as provided in Section 18.710.060, for the following actions: a. Ground disturbance or land form 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. Residential and nonresidential structures intended for human habitation; and d. Accessory structures that are greater than 528 square feet in size. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areasareas of special flood hazard are processed through a Type III-HO procedure, as provided in Section 18.710.0780, for the following actions: a. Ground disturbance or landform alterations in all floodway areas; b. Ground disturbance or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; Sensitive Lands 18.510-5 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 c. 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 provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures that are greater than 528 square feet in size, outside of floodway areas. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. I. Nonconforming uses. A use established prior to the effective date of this title, which would be prohibited by this chapter or that 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 18.50, Nonconforming Circumstances. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority will review all applications for a sensitive lands review to determine that all necessary approvals be obtained from those federal, state, or local governmental agencies, from which prior approval is also required. As provided in CWS "Design and Construction Standards," the necessary permits for all "development" must comply include a CWS service provider letter, which specifies the conditions and requirements necessary, if any, for an applicant to comply with CWS water quality protection standards and for the agency to issue a stormwater connection permit. B. Alteration or relocation of water course. 1. The director will notify communities adjaccnt to the affected ar a 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; 2. The director will require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished. GB. Applicable standards and criteria. The approval authority will apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. Sensitive Lands 18.510-6 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 D. Elevation and floodproofing certification. The approval authority will require that the elevations and floodproofing certification required in Subsection 18.510.030.E be provided prior to permit issuance and verification upon occupancy and final approval. E. Maintenance of records. 1. Where base flood elevation data is provided through the flood insurance study, the of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; a. Verify and record the actual elevation (in relation to mean sea level); and b. Maintain the floodproofing certifications required in this chapter. 3. The director will maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 18 23 §2; Ord. 18 21 §2; Ord. 17 22 §2) 18.510.040 . • • • ' . . _ . . - . . . - . Reserved A. Review. The approval authority will review all applications to determine whether proposed building sites will minimize the potential for flood damage. B. Special flood hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for Washington County, Oregon and Incorporated Areas effective October 19, 2018" with accompanying Flood Insurance Map is hereby adopted by reference and declared to be a part of this ordinance. C. Base flood elevation data. When base flood elevation data has not been provided in compliance with Subsection 18.510.040.B, the approval authority will 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 18.510.040.M and N. D. Test of reasonableness. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits will be reviewed to assure that the potential for flood damage to the proposed construction will be minimized. 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 at least 2 feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, must be constructed with materials and utility equipment resistant to flood damage. Sensitive Lands 18.510-7 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, must be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air conditioning to prevent water from entering or accumulating within the components during conditions of flooding. H. Water supply systems. All new and replacement water supply systems must be designed to I. Anchorin.. All new construction, all manufactured homes and substantial improvements must be anchored to prevent flotation, collapse, or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems must be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On site waste disposal systems. On site waste disposal systems must be located to avoid impairment to them or contamination from them during flooding. L. Residential construction. 1. New construction and substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including the basement, elevated at least 1 foot above base flood elevation; 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. 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 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed arca subject to flooding must be provided; b. The bottom of all openings must be no higher than 1 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. foundation system to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors. Electrical crossover connections shall be a minimum of 12 inches above BFE. Sensitive Lands 18.510-8 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure must either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in compliance with accepted standards of practice for meeting design, specifications and plans. Such certifications must be provided to the building official as provided in Paragraph_18.510.030.E.2; and 1. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2. Applicants flood proofing nonresidential buildings must be notified that flood insurance building constructed to the base flood level will be rated as 1 foot below that level). N. Subdivisions and partitions in special flood hazard areas. Subdivisions and partitions in the special flood hazard area must meet the following criteria: 1. The design must minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems must be located and constructed so as to minimize flood damage; 3. Adequate drainage must be provided to reduce exposure to flood damage; and 1. For subdivisions or partitions that contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source, the applicant must generate base flood elevation data to be reviewed as part of the application. O. Recreational vehicles. Recreational vehicles placed on sites within Zones Al A30, AH, and AE on the flood insurance rate map either: 1. Are on the site for fewer than 180 consecutive days; 2. Are fully licensed and ready for highway use: a. Are on wheels or jacking system, Sensitive Lands 18.510-9 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 b. Are attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions, or c. Meet the requirements of Subsections 18.510.040.E, F, I, and L and the elevation and anchoring requirements for manufactured homes. P. Critical facilities. Construction of new critical facilities must be, to the extent possible, located outside of the limits of the special flood hazard area. Construction of new critical facilities are allowed within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area must have the lowest floor elevated 3 feet above base flood elevation or to the height of the 500 year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic - • - - A - • - - above the level of the base flood elevation must be provided to all critical facilities to the Q. Severability. If any section, clause, sentence, or phrase of the ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding will in no way affect the validity of the remaining portions of this chapter. ■- - - - 1. Basement Any area of the building having its floor subgrade (below ground level) on all sides. 2. Development Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 3. Elevated Building For insurance purposed, a non basement building and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. 1. Flood Insurance Rate Map (FIRM) The official map of a community, on which the premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 5. Flood Insurance Study (FIS) The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. 6. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building Sensitive Lands 18.510-10 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 lowest floor; Provided, that such enclosure is not built so as to render the structure in • • - - -- . -. 7. Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured" home does not include a "recreational vehicle." 8. Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale 9. New Construction For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 10. Recreational Vehicle a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 11. Start of Construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, means either the first placement of permanent construction of a structure on a site, such 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 or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structure. For a substantial improvement, the actual start of construction means the first that alteration affects the external dimensions of the building. 12. Structure for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. 13. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 Sensitive Lands 18.510-11 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 11. Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market a. Before the "start of construction" of the improvement; or b. If the structure has been damaged and is being restored, before the damage occurred. c. The term does not, however, include either: i. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ii. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's designation as a"historic structure." 15. Violation The failure of a structure or other development to be fully compliant with the : -A -A . -• .. - without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. S. Disclaimer of liability. This section provides a reasonable degree of flood protection but does not imply total flood protection. T. Greater restriction. This section does not in any way impair or remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this section imposes a greater restriction, the provisions of this section govern. U. New technical data. Notify FEMA within 6 months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified Base Flood Elevations. This notification shall be provided as a Letter of Map Revision (LOMR). (Ord. 20 01 §1; Ord. 18 23 §2; Ord. 18 21 §2; Ord. 17 22 §2) 18.510.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard "Wetland and Streams Corridors Map," and to a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, as provided in "Table 3.1, Vegetated Corridor Widths," and "Appendix C, Natural Resource Assessments," of the CWS "Design and Construction Standards." 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," Fishman Environmental Services, 1994. Sensitive Lands 18.510-12 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 B. Delineation of wetland boundaries. 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. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-13 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 18.510.060 Approval Period and Extensions Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.070 Sensitive Lands Applications A. Approval required. An applicant, who wishes to develop within a sensitive area, as defined in this chapter, must obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III review is required, as provided in Subsections 18.510.020.F and G. The approval criteria for different types of sensitive areas are provided in Subsections 18.510.070.B—E. B. Within the special flood hazard areasareas of special flood hazard. The approval authority will approve or approve with conditions an application for sensitive lands review within the special flood hazard areasareas of special flood hazard when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title and TMC Chapter 9.10; 2. Land form alterations must preserve or enhance the special flood hazard areasareas of special flood hazard storage function and maintenance of the zero-foot rise floodway must not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; a. If in the floodway and no-rise requirement is met, the development will comply with all applicable flood hazard reduction provisions. 3. Land form alterations or developments within the special flood hazard areasareas of special flood hazard are allowed only in areas designated as commercial=s industrial= or parks and recreation on the comprehensive plan land use map, except that alterations or developments associated with community service uses, utilities, or public support facilities are allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is allowed to occur within the special flood hazard areasareas of special flood hazard it will not result in any increase in the water surface elevation of the 100-year flood; 5. The land form alteration or development plan includes a pedestrian or bicycle pathway in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrian or bicycle pathway projects within the special flood hazard areasareas of special flood hazard must include a wildlife habitat assessment that shows the proposed Sensitive Lands 18.510-14 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals must be obtained; and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard areaaareas of special flood hazard, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard areasareas of special flood hazard in compliance with the comprehensive plan. This area must include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard areaaareas of special flood hazard in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan. C. With steep slopes. The approval authority will approve or approve with conditions an application for a sensitive lands review on slopes of 25 percent or greater or unstable ground when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. 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; 3. 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; 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet or high water table; high shrink-swell capability; compressible or organic; and shallow depth-to-bedrock; and 5. 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 compliance with CWS "Design and Construction Standards". D. Within drainageways. The approval authority will approve or approve with conditions an application for a sensitive lands review within drainageways when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. 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; Sensitive Lands 18.510-15 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 3. 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; 4. The water flow capacity of the drainageway is not decreased; 5. 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 compliance with CWS "Design and Construction Standards"; 6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in compliance with Clean Water Services requirements and the city's adopted stormwater master plan; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard areasareas of special flood hazard, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard areasareas of special flood hazard in compliance with the comprehensive plan. This area will include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard areasareas of special flood hazard in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority will approve or approve with conditions an application for a sensitive lands review within wetlands when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the comprehensive plan special flood hazard areasareas of special flood hazard and wetland map nor is within the vegetative corridor as provided in "Table 3.1 Vegetative Corridor Widths" and "Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards," for such a wetland; 3. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 4. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated; 5. Where natural vegetation has been removed due to land form 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 be Sensitive Lands 18.510-16 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 replanted in like or similar species in compliance with CWS "Design and Construction Standards"; 6. All other sensitive lands requirements of this chapter have been met; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; 8. Physical limitations and natural hazards, special flood hazard areaJareas of special flood hazard and wetlands, natural areas, and parks, recreation and open space policies of the comprehensive plan have been met. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.080 Special Provisions within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek,Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed or approved in compliance with Section 18.510.100. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 3. The minimum width for "marginal or degraded condition" vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 percent Sensitive Lands 18.510-17 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 of the standard width, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. 4. The determination of corridor condition is based on the natural resource assessment guidelines as provided in the CWS "Design and Construction Standards." 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the city in compliance with Section 18.510.070 and by CWS "Design and Construction Standards"; b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer, water,phone, gas, cable, etc.), if approved by the city and CWS; c. A pedestrian or bike path, not exceeding 10 feet in width and in compliance with the CWS "Design and Construction Standards"; d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and CWS; e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the city and CWS; g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are in compliance with city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards." 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Department of State Lands, or other federal, state, or regional agencies, are not subject to this subsection B, except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as provided in Paragraphs 18.510.080.B.1 and 2; Sensitive Lands 18.510-18 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as provided in Paragraph 18.510.080.B.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. (Ord. 18-23 §2; Ord. 18- 21 §2; Ord. 17-22 §2) 18.510.090 Density Transfer and Reductions A. Density transfer. Required residential density for apartments, rowhouses, and single detached houses may be transferred from sensitive lands using the following methods: 1. The units per acre calculated by subtracting land areas listed in Subparagraphs 18.40.020.A.1.a--c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on 25 percent of the unbuildable area if not for these regulations; and b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre allowed. 2. Units per acre calculated by subtracting land areas listed in Subparagraph 18.40.020.A.1.d from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40 subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on the wetland area, if not for these regulations; b. The total number of units per site does not exceed the maximum number of units per gross acre allowed. B. Density reduction. The minimum number of residential units required in a development may be reduced if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density is calculated by subtracting the square footage of inventoried significant habitat that is permanently protected from the total square footage used to calculate the minimum density requirement. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. The approval authority will approve, approve with conditions, or deny the density reduction provided that the proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-19 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 18.510.100 Plan Amendment Option A. Comprehensive plan amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a comprehensive plan amendment as provided in Chapter 18.790, Text and Map Amendments. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards." The applicant must demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040. 1. The analysis must consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; 4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" be amended to remove the site from the inventory. C. Demonstration of change. In this case, the applicant must demonstrate that the sensitive area site no longer meets the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. To approve this claim, the city council must find that the decline in identified resource values did not result from a violation of this title. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17- 22 §2) Sensitive Lands 18.510-20 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 18.510.110 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate must submit the following information to serve as the basis for verifying the boundaries of inventoried habitat areas: 1. Submission requirements. a. A detailed property description; b. A scale map of the property showing the locations of significant habitat areas, any existing built area, wetlands or water bodies, Clean Water Services' vegetated corridor, the special flood hazard areasareas of special flood hazard, the 1996 flood inundation line, and contour lines (2-foot intervals for slope less than 15 percent and 10-foot intervals for slopes 15 percent or greater); and c. A current aerial photograph of the property. 2. The approval authority's decision will be based on consideration of submitted information, site visit information, and other factual information. Should the applicant disagree with the determination on the location of significant habitat areas on the property, the precise boundaries must be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.110.B. B. Applicants who believe that the map is inaccurate must submit a detailed delineation conducted by a qualified professional in compliance with the following methodology to verify the precise boundaries of the inventoried habitat areas by means of a Type II procedure. 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a 4-step process: a. Locate the water feature that is the basis for identifying riparian habitat. i. Locate the top of bank of all streams, rivers, and open water within 200 feet of the property. ii. Locate the special flood hazard areasareas of special flood hazard or 1996 flood inundation line, whichever is greater,within 100 feet of the property. iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property must be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers. b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands, and are flood areas and within 100 feet of flood areas. Sensitive Lands 18.510-21 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 i. Vegetative cover status must be as identified on the metro vegetative cover map. ii. The vegetative cover status of a property may be adjusted only if(a) the property was developed prior to the time the regional program was approved; or (b) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants must submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the following definition of vegetative cover types in Table 18.510.1. Table 18.510.1 Definitions of Vegetative Cover Types ype 1 Definition Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass, or open soils meadow, croplands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than 1 acre in size if they are contiguous with areas of grass, meadow, croplands, orchards, Christmas tree farms, holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of 1 acre in size or larger). Woody vegetation Areas that are part of a contiguous area 1 acre or larger of shrub or open or scattered forest canopy(less than 60 percent crown closure) located within 300 feet of a surface stream. Forest canopy Areas that are part of a contiguous grove of trees 1 acre or larger in area with approximately 60 percent or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water feature. c. Determine whether the degree that the land slope upward from all streams, rivers, and open water within 200 feet of the property is greater than or less than 25 percent (using the vegetated corridor measurement methodology as provided in Clean Water Services Design and Construction Standards; and d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.510.2 and Table 18.510.3. Table 18.510.2 Method for Locating Boundaries of Class I and II Riparian Areas Development/Vegetation Status[1] Distance in Developed areas Low structure Woody vegetation Forest canopy feet from (shrub and not providing vegetation or open (closed to open water feature vegetative cover soils scattered forest forest canopy) canopy) Sensitive Lands 18.510-22 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 Surface streams 0-50 Class II Class I Class I Class I 50-100 Class II [2] Class I Class I 100-150 Class II [2] Class II [2] Class II [2] if slope>25 if slope>25 percent percent 150-200 Class II [2] Class II [2] Class II [2] if slope>25 if slope>25 if slope>25 percent percent percent Wetlands (Wetland feature itself is a Class I Riparian Area) 0-100 Class II [2] Class I Class I 100-150 Class II [2] Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area) 0-100 Class II [2] Class II [2] [1] The vegetative cover type assigned to any particular area was based on 2 factors: the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were assigned, in order to qualify as a "forest canopy" the forested area had to be part of a larger patch of forest land at least 1 acre in size. [2] Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map, will be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identity habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors. Table 18.510.3 Tualatin Basin "Limit"Decision [1] Conflicting Use Category Resource Future Urban High Intensity Non-Urban Category Urban Other Urban (2002 and 2004 (outside UGB) additions) Class I & II Riparian Moderately Strictly Limit Strictly Limit N/A inside vegetated corridor Limit Class I & II Riparian Moderately Moderately Moderately Moderately outside vegetated corridor Limit Limit Limit Limit All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit Inner Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit Outer Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit Sensitive Lands 18.510-23 12/12/2023 PC Recommendation To CC EXHIBIT A Attachment 1 [1] Vegetated corridor standards are applied consistently throughout the District; in HIU areas they supersede the "limit" decision. 2. Verifying boundaries of inventoried upland habitat was identified based on the existence of contiguous patches of forest canopy, with limited canopy openings. The "forest canopy" designation is made based on analysis of aerial photographs as part of determining the vegetative cover status of land within the region. Upland habitat is as identified on the Significant Habitat Areas Map unless corrected as provided in this subsection. a. The only allowed corrections to the vegetative cover status of a property area as follows: i. To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat. The perimeter of an area delineated as "forest canopy" on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the dripline of the trees within the canopied area provided that no areas providing greater than 60 percent canopy crown closure are de-classified from the "forest canopy" designation. To assert such errors, applicants must submit an analysis of the vegetative habitat cover on their property using the aerial photographs that were used to inventory the habitat and the definitions of the different vegetative cover types provided in Table 18.510.1; and ii. To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have not been harvested for sale as Christmas trees may not be removed from the habitat inventory. b. If the vegetative cover status of any area identified as upland habitat is corrected in compliance with Subparagraph 18.510.110.B.2.a to change the status of an area originally identified as "forest canopy," then such area will not be considered upland habitat unless it remains part of a forest canopy opening less than 1 acre in area completely surrounded by an area of contiguous forest canopy. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) ■ Sensitive Lands 18.510-24 12/12/2023 PC Recommendation To CC EXHIBIT B Chapter 9.10 AREAS OF SPECIAL FLOOD HAZARD Sections: 9.10.010 Purpose 9.10.020 Definitions 9.10.030 Applicability 9.10.040 General Provisions 9.10.050 National Flood Insurance Program Standards 9.10.060 Violations 9.10.010 Purpose The purpose of this chapter is to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding in flood hazard areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding; G. Notify potential buyers that the property is in an area of special flood hazard; H. Notify those who occupy areas of special flood hazard that they assume responsibility for their actions; and I. Participate in and maintain eligibility for flood insurance and disaster relief. 9.10.020 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as Areas of Special Flood Hazard 9.10-1 12/12/2023 PC Recommendation To CC EXHIBIT B to give them the meaning they have in common usage. These definitions are only applicable to this chapter and Tigard Community Development Code (TCDC) Chapter 18.510, Sensitive Lands. A. Appeal: A request for a review of the interpretation of any provision of this chapter or a request for a variance. B. Area of shallow flooding: A designated Zone AO, AH, AR/AO or AR/AH (or VO) on the city's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. C. Area of Special Flood Hazard: The land in the floodplain within the city subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard". D. Base flood: A flood having a one percent chance of being equaled or exceeded in any given year. E. Base flood elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. F. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. G. Critical facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; new and replacement bridges; hospitals; police, fire, and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. H. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. I. Flood or Flooding: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Tigard Municipal Code (TMC) 9.10.020.I.1.b of this definition and are akin to a river Areas of Special Flood Hazard 9.10-2 12/12/2023 PC Recommendation To CC EXHIBIT B of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in TMC 9.10.020.I.1.a of this definition. J. Flood elevation study: See "Flood Insurance Study." K. Flood Insurance Rate Map (FIRM): The official map of the city, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the city. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). L. Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) or flood-related erosion hazards. M. Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. N. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." 0. Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. P. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Q. Historic structure: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Areas of Special Flood Hazard 9.10-3 12/12/2023 PC Recommendation To CC EXHIBIT B 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a City of Tigard Historic Resources list acknowledged by the Secretary of the Interior. R. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. S. Manufactured dwelling: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle" and is synonymous with"manufactured home." T. Manufactured dwelling park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale. U. Mean sea level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on the city's Flood Insurance Rate Map are referenced. V. New construction: For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by City of Tigard and includes any subsequent improvements to such structures. W. Recreational vehicle: A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. X. Special flood hazard area: See "Area of special flood hazard" for this definition. Y. Start of construction: Includes substantial improvement and means the date the building Areas of Special Flood Hazard 9.10-4 12/12/2023 PC Recommendation To CC EXHIBIT B permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Z. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling. AA. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. BB. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." CC. Violation: The failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. 9.10.030 Applicability A. All development within areas of special flood hazard is subject to the terms of this chapter and is required to comply with its provisions and all other applicable regulations including but not limited to TCDC Chapter 18.510, Sensitive Lands. Areas of Special Flood Hazard 9.10-5 12/12/2023 PC Recommendation To CC EXHIBIT B B. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled"The Flood Insurance Study for Washington County, Oregon and Incorporated Areas effective October 19, 2018"with accompanying Flood Insurance Map (FIRM Panels:41067C0529F, 41067C0533E, 41067C0534E, 41067C0541E through 41067C0544E, and 41067C0563E) is hereby adopted by reference and declared to be a part of this ordinance. 9.10.040 General Provisions A. Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of Tigard administers and enforces the State of Oregon Specialty Codes, the City of Tigard does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in areas of special flood hazard. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. B. Warning. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. C. Permit Review. The duties of the Floodplain Administrator, or their designee, shall include, but not be limited to review all development permits to determine that: 1. The permit requirements of this ordinance have been satisfied; 2. All other required local, state, and federal permits have been obtained and approved; 3. Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions are met; 4. Review all development permits to determine if the proposed development is located in an area where Base Flood Elevation data is available either through the Flood Insurance Study or from another authoritative source. If Base Flood Elevation data is not available then ensure compliance with the provisions of TMC 9.10.050.J; 5. Provide to building officials the Base Flood Elevation applicable to any building requiring a development permit; 6. Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined by TMC 9.10.020; Areas of Special Flood Hazard 9.10-6 12/12/2023 PC Recommendation To CC EXHIBIT B 7. Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in TMC 9.10.050.C; and 8. Review all development permits to determine if the proposed development activity includes the placement of fill or excavation. D. Information to be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed: 1. Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation data is provided through the Flood Insurance Study, Flood Insurance Rate Map, or obtained in accordance with TMC 9.10.050.J. 2. Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of TMC 9.10.050.N are adhered to and all other required local, state, and federal permits have been obtained and approved. 3. Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor(including basement). 4. Where base flood elevation data are utilized, obtain record drawing certification of the elevation(in relation to mean sea level) of the lowest floor(including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection. 5. Maintain all Elevation Certificates submitted to the City of Tigard. 6. Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where Base Flood Elevation data is provided through the FIS, FIRM, or obtained in accordance with TMC 9.10.050.J. 7. Maintain all floodproofing certificates required under this chapter. 8. Record and maintain all variance actions, including justification for their issuance. 9. Obtain and maintain all hydrologic and hydraulic analyses performed as required under TMC 9.10.050.N. 10. Record and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under TMC 9.10.040.H. Areas of Special Flood Hazard 9.10-7 12/12/2023 PC Recommendation To CC EXHIBIT B 11. Maintain for public inspection all records pertaining to the provisions of this chapter. E. City Boundary Alterations. The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the city's boundaries. The notification will include a copy of a map of the city suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority. F. Watercourse Alterations. The Floodplain Administrator shall notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision along with either a proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance. The applicant shall be required to submit a Conditional Letter of Map Revision when required under TMC 9.10.040.G to ensure compliance with all applicable requirements in TMC 9.10.040.G and 9.10.050.C. G. Requirement to Submit New Technical Data. The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city must notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 of the Code of Federal Regulations (CFR), Section 65.3. The city may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change process. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation and proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. An applicant shall notify FEMA within six months of project completion when an applicant has obtained a Conditional Letter of Map Revision from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision. H. Substantial Improvement and Substantial Damage Assessments and Determinations. The Floodplain Administrator shall: 1. Conduct Substantial Improvement(as defined in TMC 9.10.020)reviews for all structural development proposal applications and maintain a record of Substantial Improvement calculations within permit files in accordance with TMC 9.10.040.D. 2. Conduct Substantial Damage assessments when structures are damaged due to a natural Areas of Special Flood Hazard 9.10-8 12/12/2023 PC Recommendation To CC EXHIBIT B hazard event or other causes. 3. Make Substantial Damage determinations whenever structures within the area of special flood hazard (as established in TMC 9.10.030.B) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. I. Floodplain Development Permit Required. A development permit shall be obtained before construction or development begins within any area horizontally within the area of special flood hazard established in TMC 9.10.030.B. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in TMC 9.10.020, including fill and other development activities. J. Application for Development Permit. Application for a development permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. In riverine flood zones, the proposed elevation(in relation to mean sea level), of the lowest floor(including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of TMC 9.10.040.D; 2. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; 3. Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for non-residential structures in TMC 9.10.050.M.3; 4. Description of the extent to which any watercourse will be altered or relocated; 5. Base Flood Elevation data for subdivision proposals or other development when required by this chapter; 6. Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure; and 7. The amount and location of any fill or excavation activities proposed. K. Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this chapter. Areas of Special Flood Hazard 9.10-9 12/12/2023 PC Recommendation To CC EXHIBIT B L. Abrogation. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 9.10.050 National Flood Insurance Program General Standards In all areas of special flood hazard, the following standards shall be adhered to: A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Alteration of watercourses. The Floodplain Administrator shall require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained and that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Compliance with TMC 9.10.040.F and 9.10.040.G. D. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured dwellings shall be anchored in accordance with TMC 9.10.050.M.4. E. Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems. 1. All new and replacement water supply systems shall be designed to minimize or eliminate 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. 3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with Oregon Department of Environmental Quality regulations. F. Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilating, air- conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood level or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of Areas of Special Flood Hazard 9.10-10 12/12/2023 PC Recommendation To CC EXHIBIT B flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall, if replaced as part of a substantial improvement, meet all the requirements of this section. G. Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the base flood level or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood. H. Critical facilities. Construction of new critical facilities must be, to the extent practicable, located outside areas of special flood hazard. 1. Construction of new critical facilities, other than critical bridges, are allowed within areas of special flood hazard if no feasible alternative site is available and the following applicable criteria are met: a. Critical facilities constructed within areas of special flood hazard must have the lowest floor elevated 3 feet above base flood elevation or to the height of the 500- year flood, whichever is higher. b. To the extent practicable, access to and from the critical facility should also be protected to 3 feet above base flood elevation or to the height of the 500-year flood, whichever is higher. c. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. 2. All new and replacement critical bridges must have the lowest extension of the bridge superstructure elevated 3 feet above base flood elevation or to the height of the 500-year flood, whichever is higher. 3. Where standard TMC 9.10.050.H.2 cannot be met, an analysis of alternative bridge designs is required by a registered professional civil engineer. The proposed encroachment will result in the least impact to base flood levels in the area of special flood hazard of the practicable alternative bridge designs—as demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice. I. Subdivision Proposals. 1. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data. Areas of Special Flood Hazard 9.10-11 12/12/2023 PC Recommendation To CC EXHIBIT B 2. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall: a. Be consistent with the need to minimize flood damage; b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; and c. Have adequate drainage provided to reduce exposure to flood hazards. J. Use of Other Base Flood Data. When Base Flood Elevation data has not been provided in accordance with TCDC 9.10.030.B the local floodplain administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a federal, state, or other source, in order to administer TMC 9.10.050. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of TMC 9.10.050.I. Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be reasonably safe from flooding; the test of reasonableness includes use of historical data, high water marks, FEMA provided Base Level Engineering data, and photographs of past flooding, etc. When no base flood elevation data is available, the elevation requirement for development proposals within a riverine unnumbered A Zone is a minimum of two (2) feet above the highest adjacent grade, to be reasonably safe from flooding. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. K. Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes: 1. When a structure is located in multiple flood zones on the city's pertinent Flood Insurance Rate Maps (FIRM)the provisions for the more restrictive flood zone shall apply. 2. When a structure is partially located in an area of special flood hazard, the entire structure shall meet the requirements for new construction and substantial improvements. L. Specific Standards for Riverine (including all non-coastal) flood zones. These specific standards shall apply to all new construction and substantial improvements in addition to the general standards contained in TMC 9.10.050.A through K. 1. Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall: Areas of Special Flood Hazard 9.10-12 12/12/2023 PC Recommendation To CC EXHIBIT B a. Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exist of floodwaters; b. Be used solely for parking, storage, or building access; and c. Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria: i. A minimum of two openings; ii. The total net area of non-engineered openings shall be not less than one (1) square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls; iii. The bottom of all openings shall be no higher than one (1) foot above grade; iv. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area; and v. All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable. 2. Garages. Attached garages may be constructed with the garage floor slab below the Base Flood Elevation in riverine flood zones, if the following requirements are met: a. If located within a floodway the proposed garage must comply with the requirements of TMC 9.10.050.N; b. The floors are at or above grade on at least than one side; c. The garage is used solely for parking,building access, and/or storage; d. The garage is constructed with flood openings in compliance with TMC 9.10.050.L.1 to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater; e. The portions of the garage constructed below the Base Flood Elevation are constructed with materials resistant to flood damage; f. The garage is constructed in compliance with the general standards TMC 9.10.050.A through K; and Areas of Special Flood Hazard 9.10-13 12/12/2023 PC Recommendation To CC EXHIBIT B g. The garage is constructed with electrical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. 3. Detached Garages. Detached garages must be constructed in compliance with the standards for appurtenant structures in TMC 9.10.050.M.6 or non-residential structures in TMC 9.10.050.M.3 depending on the square footage of the garage. M. For Riverine (non-coastal) Areas of Special Flood Hazard with Base Flood Elevations. In addition to the general standards in TMC 9.10.050.A through K, the following specific standards shall apply in riverine (non-coastal) areas of special flood hazard with Base Flood Elevations: Zones Al-A30, AH, and AE. 1. Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones Al-30 and AE on the city's Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the city. 2. Residential Construction. a. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at one (1) foot above the Base Flood Elevation. b. Enclosed areas below the lowest floor shall comply with the flood opening requirements in TMC 9.10.050.L.1. 3. Non-Residential Construction. a. New construction, conversion to, and substantial improvement of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement elevated at one (1) foot above the Base Flood Elevation. Or, together with attendant utility and sanitary facilities: i. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development or review of the Areas of Special Flood Hazard 9.10-14 12/12/2023 PC Recommendation To CC EXHIBIT B structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator as set forth TMC 9.10.040.D. b. Non-residential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in TMC 9.10.050.L.1. c. Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g. a building floodproofed to the base flood level will be rated as one (1) foot below. 4. Manufactured Dwellings. a. Manufactured dwellings to be placed(new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with TMC 9.10.050.L.1; b. The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation; c. Manufactured dwellings to be placed(new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques); and d. Electrical crossover connections shall be a minimum of twelve (12) inches above Base Flood Elevation (BFE). 5. Recreational Vehicles. Recreational vehicles placed on sites are required to: a. Be on the site for fewer than 180 consecutive days; and b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the requirements of TMC 9.10.050.M.4, including the anchoring and elevation requirements for manufactured dwellings. 6. Appurtenant(Accessory) Structures. Relief from elevation or floodproofing requirements for residential and non-residential structures in Riverine (non-coastal) flood zones may be granted for appurtenant structures that meet the following requirements: Areas of Special Flood Hazard 9.10-15 12/12/2023 PC Recommendation To CC EXHIBIT B a. Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in TMC 9.10.050.N; b. Appurtenant structures must only be used for parking, access, or storage and shall not be used for human habitation; c. Appurtenant structures on properties are limited to one-story structures less than 600 square feet in A zones and must meet applicable setbacks from property lines; d. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; e. The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood; f. The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in TMC 9.10.050.L.1; g. Appurtenant structures shall be located and constructed to have low damage potential; h. Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed incompliance with TMC 9.10.050.G; and i. Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood. N. Floodways. Located within the areas of special flood hazard established in TMC 9.10.030.B are areas designated as floodways. Because the floodway is an extremely hazardous area due to the velocity of the floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless: a. Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the city during the occurrence of the base flood discharge; or, b. A city may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations,provided that a Conditional Letter of Areas of Special Flood Hazard 9.10-16 12/12/2023 PC Recommendation To CC EXHIBIT B Map Revision is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations, Section 65.12 are fulfilled. 2. If the requirements of TMC 9.10.050.N.1 are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of TMC 9.10.050. 0. Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 1. Standards for AH Zones. Development within AH Zones must comply with the standards in TMC 9.10.050.A through 0. 2. Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in TMC 9.10.050.A through K and TMC 9.10.050.0. a. New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the Flood Insurance Rate Maps or at least two (2) feet if no depth number is specified. For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam. b. New construction, conversion to, and substantial improvements of non-residential structures within AO zones shall either: i. Have the lowest floor(including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the Flood Insurance Rate Maps or at least two (2) feet if no depth number is specified; or ii. Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the Flood Insurance Rate Map or a minimum of two (2) feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of Areas of Special Flood Hazard 9.10-17 12/12/2023 PC Recommendation To CC EXHIBIT B buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in TMC 9.10.050.M.3.a.iii. c. Recreational vehicles placed on sites within AO Zones on the city's Flood Insurance Rate Maps shall either: i. Be on the site for fewer than 180 consecutive days, and ii. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or iii. Meet the elevation requirements of TMC 9.10.050.O.2.a, and the anchoring and other requirements for manufactured dwellings of TMC 9.10.050.M.4. d. In AO zones, new and substantially improved appurtenant structures must comply with the standards in TMC 9.10.050.M.6. e. In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in TMC 9.10.050.L.1. 9.10.060 Violations No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations including but not limited to TCDC Chapter 18.510, Sensitive Lands. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class 1 civil infraction, processed according to the procedures in the civil infractions ordinance, set out in TMC Chapter 1.16. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition and not in lieu of any remedies available to the city. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. Nothing contained herein shall prevent the City of Tigard from taking such other lawful action as is necessary to prevent or remedy any violation. Areas of Special Flood Hazard 9.10-18 12/12/2023 PC Recommendation To CC EXHIBIT C Chapter 18.30 DEFINITIONS Sections: 18.30.010 List of Terms 18.30.020 Definitions 18.30.010 List of Terms -A- Area of Special Flood Hazard -See Flood-Related Definitions -C- Critical Facility See Flood Related Definitions -F- Flood-Related Definitions: • Area of Special Flood Hazard • Base Flood • Critical Facility • Flood or Flooding • Floodway • Floodway Fringe • Special Flood Hazard Area Flood or Flooding- See Flood-Related Definitions 18.30.020 Definitions As used in this title and corresponding administrative rules, terms, and phrases are defined as provided in this section. For additional definitions, see Chapter 18.60, Use Categories; Chapter 18.435, Signs; and Chapter 18.510, Sensitive Lands. F. "F" definitions. 7. Flood-related definitions: a. Area of Special Flood Hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, or AR. "Special flood hazard area"is synonymous in meaning and definition with the phrase "area of special flood hazard". Definitions 18.30-1 12/12/2023 PC Recommendation To CC EXHIBIT C b. "Base flood" - A flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 year flood." b. "Critical facility" A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools; nursing homes; hospitals; police, fire, and emergency response installations; and installations that produce, use, or store hazardous materials or hazardous waste. c. "Flood or Flooding" - A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. i. The overflow of inland or tidal waters. ii. The unusual and rapid accumulation or runoff of surface waters from any source. iii. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in TMC 18.30.020.F.7.c.ii of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. d. "Floodway" - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. e. "Floodway fringe" - The area of the special flood hazard area lying outside of the floodway. f. "Special Flood Hazard Area"-See"Area of special flood hazard"for this definition. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area(SFHA)on NFIP maps. The SFHA is the arca where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al 30, AE, A99, AR, AR/AI 30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1 30, VE, and V. Also referred to as the "100 year floodplain." Definitions 18.30-2 12/12/2023 PC Recommendation To CC EXHIBIT D Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 . • • • . ' . . . . . . . - . . . • . Reserved 18.510.050 General Provisions for Wetlands 18.510.060 Approval Period and Extensions 18.510.070 Sensitive Lands Applications 18.510.080 Development within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek 18.510.090 Density Transfer and Reductions 18.510.100 Plan Amendment Option 18.510.110 Significant Habitat Areas Map Verification Procedures 18.510.010 Purpose A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations 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 recreation potential. B. Implement comprehensive plan and floodplain management program. The regulations of this chapter apply to all areas of special flood hazard within the City of Tigard. These regulations are intended to implement the comprehensive plan and the city's floodplain management program as required by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program, to help to preserve sensitive land areas from encroaching use, and to maintain the October 19, 2018, zero-foot rise floodway elevation. All development within the areas of special flood hazard are subject to the terms of this ordinance and required to comply with its provisions and all other applicable regulations including Tigard Municipal (TMC) Chapter 9.10. C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in compliance with the CWS "Design and Construction Standards." D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are intended to protect the beneficial water uses and functions and values of resources within water quality and flood management areas and to implement the performance standards of the Metro Urban Growth Management Functional Plan. E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) Sensitive Lands 18.510-1 12/12/2023 PC Recommendation To CC EXHIBIT D and the safe harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors. F. Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. The special flood hazard areaareas of special flood hazard or 1996 flood inundation line, whichever is greater; 2. Natural drainageways; 3. Wetland areas that are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard"Wetland and Stream Corridors Map"; 4. Steep slopes of 25 percent or greater and unstable ground; 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map"; and 6. Significant tree groves as shown on the "City of Tigard Significant Tree Grove Map." (Ord. 20-01 §1; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Allowed uses with no approval required. Except as provided below and by Subsections 18.510.020.D, F, and G of this section, the following uses are allowed uses within 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" excludes: children's play equipment, picnic tables, sand boxes, grills, basketball hoops, and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 2. Farm uses conducted without locating a structure within the sensitive land area; except in a water quality sensitive area or vegetative corridor, as defined in CWS "Design and Sensitive Lands 18.510-2 12/12/2023 PC Recommendation To CC EXHIBIT D Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 3. Community recreation uses, excluding structures; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources. 5. Removal of poison oak, tansy ragwort, blackberry, English ivy, or other noxious vegetation. 6. Maintenance of floodway excluding re-channeling; except in a water quality sensitive area or vegetated corridor, as defined in the CWS "Design and Construction Standards" or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 7. Fences; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 8. Accessory structures that are less than 120 square feet in size; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. 9. Land form alterations involving up to 10 cubic yards of material; except in a water quality sensitive area or vegetated corridor, as defined in the CSW "Design and Construction Standards"; or the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in Section 18.510.080. C. Exemptions. When performed under the direction of the city, the following are exempt from the provisions of this section: 1. Responses to public emergencies, including emergency repairs to public facilities; 2. Stream and wetlands restoration and enhancement programs, except in areas of special flood hazard areas when meeting the definition of development in Paragraph 18.510.040.R.1 TMC 9.10.020; 3. Non-native vegetation removal; 4. Planting of native plant species; and Sensitive Lands 18.510-3 12/12/2023 PC Recommendation To CC EXHIBIT D 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areasareas of special flood hazard when meeting the definition of development in TMC 9.10.020Paragraph 18.510.04 O.R.1. D. Jurisdictional wetlands. Landform alterations or developments that 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, CWS, or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map," do not require a sensitive lands review. The city will require that all necessary approvals from other agencies are obtained. All other applicable city requirements must be met, including sensitive land reviews for areas within the special flood hazard areaaareas of special flood hazard, slopes of 25 percent or greater or unstable ground, drainageways, and wetlands that are not under state or federal jurisdiction. E. Administrative sensitive lands review. 1. Administrative sensitive lands reviews within the special flood hazard arca(excluding the floodway), drainageways, slopes that are 25 percent or greater, and unstable ground are processed through a Type I procedure, as provided in Section 18.710.050, for the following actions: a. The repair, 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. b. Minimal ground disturbance or landform alteration involving 10 to 50 cubic yards of material; and c. Building permits for accessory structures that are 120 to 528 square feet in size. 2. Administrative sensitive lands reviews within the areas of special flood hazard are processed through a Type I procedure, as provided in Section 18.710.050, for the following actions: a. Within the areas of special flood hazard but outside the floodway (floodway fringe): i. The construction of accessory structures up to 528 square feet in size; and ii. Any landform alteration involving up to 50 cubic yards of material. b. Stream and wetland restoration and enhancement programs, including work in the floodway,when performed under the direction of the city. b. Actions within the special flood hazard area: iii. The construction of accessory structures up to 528 square feet in size; and Sensitive Lands 18.510-4 12/12/2023 PC Recommendation To CC EXHIBIT D iv. Any landform alternation involving up to 50 cubic yards of material. c. Actions within drainageways and slopes that are 25 percent or greater, and unstable ground: i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic ii. Building permits for accessory structures that are 120 to 528 square feet in size. 32. The approval authority will approve, approve with conditions, or deny a sensitive land review application using the standards and approval criteria Sections 18.510.040, 18.510.050, 18.510.070 and 18.510.080. F. Sensitive lands approvals issued by the director. 1. Sensitive land reviews within drainageways, slopes that are 25 percent or greater or unstable ground, and wetland areas that are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map" are processed through a Type II procedure, as provided in Section 18.710.060, for the following actions: a. Ground disturbance or land form 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. Residential and nonresidential structures intended for human habitation; and d. Accessory structures that are greater than 528 square feet in size. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areasareas of special flood hazard are processed through a Type III-HO procedure, as provided in Section 18.710.0780, for the following actions: a. Ground disturbance or landform alterations in all floodway areas; b. Ground disturbance or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; Sensitive Lands 18.510-5 12/12/2023 PC Recommendation To CC EXHIBIT D c. 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 provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures that are greater than 528 square feet in size, outside of floodway areas. 2. The approval authority will approve, approve with conditions, or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. I. Nonconforming uses. A use established prior to the effective date of this title, which would be prohibited by this chapter or that 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 18.50, Nonconforming Circumstances. (Ord. 20-01 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority will review all applications for a sensitive lands review to determine that all necessary approvals be obtained from those federal, state, or local governmental agencies, from which prior approval is also required. As provided in CWS "Design and Construction Standards," the necessary permits for all "development" must comply include a CWS service provider letter, which specifies the conditions and requirements necessary, if any, for an applicant to comply with CWS water quality protection standards and for the agency to issue a stormwater connection permit. B. Alteration or relocation of water course. 1. The director will notify communities adjaccnt to the affected ar a 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; 2. The director will require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished. GB. Applicable standards and criteria. The approval authority will apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. Sensitive Lands 18.510-6 12/12/2023 PC Recommendation To CC EXHIBIT D D. Elevation and floodproofing certification. The approval authority will require that the elevations and floodproofing certification required in Subsection 18.510.030.E be provided prior to permit issuance and verification upon occupancy and final approval. E. Maintenance of records. 1. Where base flood elevation data is provided through the flood insurance study, the of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; a. Verify and record the actual elevation (in relation to mean sea level); and b. Maintain the floodproofing certifications required in this chapter. 3. The director will maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 18 23 §2; Ord. 18 21 §2; Ord. 17 22 §2) 18.510.040 . • • • ' . . _ . . - . . . - . Reserved A. Review. The approval authority will review all applications to determine whether proposed building sites will minimize the potential for flood damage. B. Special flood hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for Washington County, Oregon and Incorporated Areas effective October 19, 2018" with accompanying Flood Insurance Map is hereby adopted by reference and declared to be a part of this ordinance. C. Base flood elevation data. When base flood elevation data has not been provided in compliance with Subsection 18.510.040.B, the approval authority will 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 18.510.040.M and N. D. Test of reasonableness. Where elevation data is not available either through the flood insurance study or from another authoritative source, applications for building permits will be reviewed to assure that the potential for flood damage to the proposed construction will be minimized. 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 at least 2 feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, must be constructed with materials and utility equipment resistant to flood damage. Sensitive Lands 18.510-7 12/12/2023 PC Recommendation To CC EXHIBIT D F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, must be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air conditioning to prevent water from entering or accumulating within the components during conditions of flooding. H. Water supply systems. All new and replacement water supply systems must be designed to I. Anchorin.. All new construction, all manufactured homes and substantial improvements must be anchored to prevent flotation, collapse, or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems must be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On site waste disposal systems. On site waste disposal systems must be located to avoid impairment to them or contamination from them during flooding. L. Residential construction. 1. New construction and substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including the basement, elevated at least 1 foot above base flood elevation; 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. 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 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed arca subject to flooding must be provided; b. The bottom of all openings must be no higher than 1 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. foundation system to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors. Electrical crossover connections shall be a minimum of 12 inches above BFE. Sensitive Lands 18.510-8 12/12/2023 PC Recommendation To CC EXHIBIT D M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure must either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in compliance with accepted standards of practice for meeting design, specifications and plans. Such certifications must be provided to the building official as provided in Paragraph_18.510.030.E.2; and /I. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2. Applicants flood proofing nonresidential buildings must be notified that flood insurance building constructed to the base flood level will be rated as 1 foot below that level). N. Subdivisions and partitions in special flood hazard areas. Subdivisions and partitions in the special flood hazard area must meet the following criteria: 1. The design must minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems must be located and constructed so as to minimize flood damage; 3. Adequate drainage must be provided to reduce exposure to flood damage; and /I. For subdivisions or partitions that contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source, the applicant must generate base flood elevation data to be reviewed as part of the application. O. Recreational vehicles. Recreational vehicles placed on sites within Zones Al A30, AH, and AE on the flood insurance rate map either: 1. Are on the site for fewer than 180 consecutive days; 2. Are fully licensed and ready for highway use: a. Are on wheels or jacking system, Sensitive Lands 18.510-9 12/12/2023 PC Recommendation To CC EXHIBIT D b. Are attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions, or c. Meet the requirements of Subsections 18.510.040.E, F, I, and L and the elevation and anchoring requirements for manufactured homes. P. Critical facilities. Construction of new critical facilities must be, to the extent possible, located outside of the limits of the special flood hazard area. Construction of new critical facilities are allowed within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area must have the lowest floor elevated 3 feet above base flood elevation or to the height of the 500 year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic - • - - A - • - - above the level of the base flood elevation must be provided to all critical facilities to the Q. Severability. If any section, clause, sentence, or phrase of the ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding will in no way affect the validity of the remaining portions of this chapter. ■- - - - 1. Basement Any area of the building having its floor subgrade (below ground level) on all sides. 2. Development Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 3. Elevated Building For insurance purposed, a non basement building and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. /I. Flood Insurance Rate Map (FIRM) The official map of a community, on which the premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 5. Flood Insurance Study (FIS) The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. 6. Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building Sensitive Lands 18.510-10 12/12/2023 PC Recommendation To CC EXHIBIT D lowest floor; Provided, that such enclosure is not built so as to render the structure in • • - - -- . -. 7. Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured" home does not include a "recreational vehicle." 8. Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale 9. New Construction For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 10. Recreational Vehicle a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 11. Start of Construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, means either the first placement of permanent construction of a structure on a site, such 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 or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structure. For a substantial improvement, the actual start of construction means the first that alteration affects the external dimensions of the building. 12. Structure for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. 13. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 Sensitive Lands 18.510-11 12/12/2023 PC Recommendation To CC EXHIBIT D 11. Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market a. Before the "start of construction" of the improvement; or b. If the structure has been damaged and is being restored, before the damage occurred. c. The term does not, however, include either: i. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ii. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's designation as a"historic structure." 15. Violation The failure of a structure or other development to be fully compliant with the : -A -A . -• .. - without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. S. Disclaimer of liability. This section provides a reasonable degree of flood protection but does not imply total flood protection. T. Greater restriction. This section does not in any way impair or remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this section imposes a greater restriction, the provisions of this section govern. U. New technical data. Notify FEMA within 6 months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified Base Flood Elevations. This notification shall be provided as a Letter of Map Revision (LOMR). (Ord. 20 01 §1; Ord. 18 23 §2; Ord. 18 21 §2; Ord. 17 22 §2) 18.510.050 General Provisions for Wetlands A. Code compliance requirements. Wetland regulations apply to those areas classified as significant on the City of Tigard "Wetland and Streams Corridors Map," and to a vegetated corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, as provided in "Table 3.1, Vegetated Corridor Widths," and "Appendix C, Natural Resource Assessments," of the CWS "Design and Construction Standards." 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," Fishman Environmental Services, 1994. Sensitive Lands 18.510-12 12/12/2023 PC Recommendation To CC EXHIBIT D B. Delineation of wetland boundaries. 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. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-13 12/12/2023 PC Recommendation To CC EXHIBIT D 18.510.060 Approval Period and Extensions Expirations and extensions of approvals are provided in Subsection 18.20.040.G. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.070 Sensitive Lands Applications A. Approval required. An applicant, who wishes to develop within a sensitive area, as defined in this chapter, must obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III review is required, as provided in Subsections 18.510.020.F and G. The approval criteria for different types of sensitive areas are provided in Subsections 18.510.070.B—E. B. Within the special flood hazard areasareas of special flood hazard. The approval authority will approve or approve with conditions an application for sensitive lands review within the special flood hazard areasareas of special flood hazard when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title and TMC Chapter 9.10; 2. Land form alterations must preserve or enhance the special flood hazard areasareas of special flood hazard storage function and maintenance of the zero-foot rise floodway must not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; a. If in the floodway and no-rise requirement is met, the development will comply with all applicable flood hazard reduction provisions. 3. Land form alterations or developments within the special flood hazard areasareas of special flood hazard are allowed only in areas designated as commercial=s industrial= or parks and recreation on the comprehensive plan land use map, except that alterations or developments associated with community service uses, utilities, or public support facilities are allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is allowed to occur within the special flood hazard areasareas of special flood hazard it will not result in any increase in the water surface elevation of the 100-year flood; 5. The land form alteration or development plan includes a pedestrian or bicycle pathway in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrian or bicycle pathway projects within the special flood hazard areasareas of special flood hazard must include a wildlife habitat assessment that shows the proposed Sensitive Lands 18.510-14 12/12/2023 PC Recommendation To CC EXHIBIT D alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals must be obtained; and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard areaaareas of special flood hazard, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard areasareas of special flood hazard in compliance with the comprehensive plan. This area must include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard areaaareas of special flood hazard in compliance with the adopted Transportation System Plan or Greenways Trail System Master Plan. C. With steep slopes. The approval authority will approve or approve with conditions an application for a sensitive lands review on slopes of 25 percent or greater or unstable ground when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. 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; 3. 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; 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet or high water table; high shrink-swell capability; compressible or organic; and shallow depth-to-bedrock; and 5. 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 compliance with CWS "Design and Construction Standards". D. Within drainageways. The approval authority will approve or approve with conditions an application for a sensitive lands review within drainageways when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. 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; Sensitive Lands 18.510-15 12/12/2023 PC Recommendation To CC EXHIBIT D 3. 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; 4. The water flow capacity of the drainageway is not decreased; 5. 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 compliance with CWS "Design and Construction Standards"; 6. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in compliance with Clean Water Services requirements and the city's adopted stormwater master plan; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard areasareas of special flood hazard, the city will require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard areasareas of special flood hazard in compliance with the comprehensive plan. This area will include portions of a suitable elevation for the construction of a pedestrian or bicycle pathway within the special flood hazard areasareas of special flood hazard in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority will approve or approve with conditions an application for a sensitive lands review within wetlands when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the comprehensive plan special flood hazard areasareas of special flood hazard and wetland map nor is within the vegetative corridor as provided in "Table 3.1 Vegetative Corridor Widths" and "Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards," for such a wetland; 3. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 4. Any encroachment or change in on-site or off-site drainage that would adversely impact wetland characteristics have been mitigated; 5. Where natural vegetation has been removed due to land form 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 be Sensitive Lands 18.510-16 12/12/2023 PC Recommendation To CC EXHIBIT D replanted in like or similar species in compliance with CWS "Design and Construction Standards"; 6. All other sensitive lands requirements of this chapter have been met; 7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals must be obtained; 8. Physical limitations and natural hazards, special flood hazard areaJareas of special flood hazard and wetlands, natural areas, and parks, recreation and open space policies of the comprehensive plan have been met. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) 18.510.080 Special Provisions within Locally Significant Wetlands and Along the Tualatin River, Fanno Creek,Ball Creek, and the South Fork of Ash Creek A. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 666-023-0030) pertaining to wetlands, all wetlands classified as significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land form alterations or developments are allowed within or partially within a significant wetland, except as allowed or approved in compliance with Section 18.510.100. B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian corridors, a standard setback distance or vegetated corridor area, measured horizontally from and parallel to the top of the bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek. 1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 75-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 2. The standard width for "good condition" vegetated corridors along Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 feet, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. If all or part of a locally significant wetland (a wetland identified as significant on the City of Tigard "Wetlands and Streams Corridors Map") is located within the 50-foot setback area, the vegetated corridor is measured from the upland edge of the associated wetland. 3. The minimum width for "marginal or degraded condition" vegetated corridors along the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek is 50 percent Sensitive Lands 18.510-17 12/12/2023 PC Recommendation To CC EXHIBIT D of the standard width, unless wider in compliance with CWS "Design and Construction Standards," or modified in compliance with Section 18.510.100. 4. The determination of corridor condition is based on the natural resource assessment guidelines as provided in the CWS "Design and Construction Standards." 5. The standard setback distance or vegetated corridor area applies to all development proposed on property located within or partially within the vegetated corridors, except as allowed below: a. Roads, pedestrian or bike paths crossing the vegetated corridor from one side to the other in order to provide access to the sensitive area or across the sensitive area, as approved by the city in compliance with Section 18.510.070 and by CWS "Design and Construction Standards"; b. Utility or service provider infrastructure construction (i.e. storm, sanitary sewer, water,phone, gas, cable, etc.), if approved by the city and CWS; c. A pedestrian or bike path, not exceeding 10 feet in width and in compliance with the CWS "Design and Construction Standards"; d. Grading for the purpose of enhancing the vegetated corridor, as approved by the city and CWS; e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as approved by the regulating jurisdiction; f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or wildlife habitat, as approved by the city and CWS; g. Measures to repair, maintain, alter, remove, add to, or replace existing structures, roadways, driveways, utilities, accessory uses, or other developments provided they are in compliance with city and CWS regulations, and do not encroach further into the vegetated corridor or sensitive area than allowed by the CWS "Design and Construction Standards." 6. Land form alterations or developments located within or partially within the Goal 5 safeharbor setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek that meet the jurisdictional requirements and permit criteria of the CWS, U.S. Army Corps of Engineers, Department of State Lands, or other federal, state, or regional agencies, are not subject to this subsection B, except where the: a. Land form alterations or developments are located within or partially within a good condition vegetated corridor, as provided in Paragraphs 18.510.080.B.1 and 2; Sensitive Lands 18.510-18 12/12/2023 PC Recommendation To CC EXHIBIT D b. Land form alterations or developments are located within or partially within the minimum width area established for marginal or a degraded condition vegetated corridor, as provided in Paragraph 18.510.080.B.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. (Ord. 18-23 §2; Ord. 18- 21 §2; Ord. 17-22 §2) 18.510.090 Density Transfer and Reductions A. Density transfer. Required residential density for apartments, rowhouses, and single detached houses may be transferred from sensitive lands using the following methods: 1. The units per acre calculated by subtracting land areas listed in Subparagraphs 18.40.020.A.1.a--c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on 25 percent of the unbuildable area if not for these regulations; and b. The total number of units per site does not exceed 125 percent of the maximum number of units per gross acre allowed. 2. Units per acre calculated by subtracting land areas listed in Subparagraph 18.40.020.A.1.d from the gross acres may be transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40 subject to the following limitations: a. The number of units that can be transferred is limited to the number of units that would have been allowed on the wetland area, if not for these regulations; b. The total number of units per site does not exceed the maximum number of units per gross acre allowed. B. Density reduction. The minimum number of residential units required in a development may be reduced if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density is calculated by subtracting the square footage of inventoried significant habitat that is permanently protected from the total square footage used to calculate the minimum density requirement. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. The approval authority will approve, approve with conditions, or deny the density reduction provided that the proposal will directly result in the protection of significant habitat areas through placement in a non-buildable tract or protected with a restrictive easement. (Ord. 18- 28 §1; Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) Sensitive Lands 18.510-19 12/12/2023 PC Recommendation To CC EXHIBIT D 18.510.100 Plan Amendment Option A. Comprehensive plan amendment. Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the South Fork of Ash Creek may apply for a comprehensive plan amendment as provided in Chapter 18.790, Text and Map Amendments. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove Goal 5 protection from the property, but not to remove the requirements related to the CWS Stormwater Connection Permit, which must be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS "Design and Construction Standards." The applicant must demonstrate that such an amendment is justified by either of the following: B. ESEE analysis. The applicant may prepare an environmental, social, economic and energy (ESEE) consequences analysis prepared in compliance with OAR 660-23-040. 1. The analysis must consider the ESEE consequences of allowing the proposed conflicting use, considering both the impacts on the specific resource site and the comparison with other comparable sites within the Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the city council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning Area that can meet the specific needs of the proposed use; 4. The ESEE analysis must be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney, all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis must be incorporated by reference into the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Corridor Map" be amended to remove the site from the inventory. C. Demonstration of change. In this case, the applicant must demonstrate that the sensitive area site no longer meets the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. To approve this claim, the city council must find that the decline in identified resource values did not result from a violation of this title. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17- 22 §2) Sensitive Lands 18.510-20 12/12/2023 PC Recommendation To CC EXHIBIT D 18.510.110 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate must submit the following information to serve as the basis for verifying the boundaries of inventoried habitat areas: 1. Submission requirements. a. A detailed property description; b. A scale map of the property showing the locations of significant habitat areas, any existing built area, wetlands or water bodies, Clean Water Services' vegetated corridor, the special flood hazard areasareas of special flood hazard, the 1996 flood inundation line, and contour lines (2-foot intervals for slope less than 15 percent and 10-foot intervals for slopes 15 percent or greater); and c. A current aerial photograph of the property. 2. The approval authority's decision will be based on consideration of submitted information, site visit information, and other factual information. Should the applicant disagree with the determination on the location of significant habitat areas on the property, the precise boundaries must be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.110.B. B. Applicants who believe that the map is inaccurate must submit a detailed delineation conducted by a qualified professional in compliance with the following methodology to verify the precise boundaries of the inventoried habitat areas by means of a Type II procedure. 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a 4-step process: a. Locate the water feature that is the basis for identifying riparian habitat. i. Locate the top of bank of all streams, rivers, and open water within 200 feet of the property. ii. Locate the special flood hazard areasareas of special flood hazard or 1996 flood inundation line, whichever is greater,within 100 feet of the property. iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property must be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers. b. Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers, and open water, are wetlands or are within 150 feet of wetlands, and are flood areas and within 100 feet of flood areas. Sensitive Lands 18.510-21 12/12/2023 PC Recommendation To CC EXHIBIT D i. Vegetative cover status must be as identified on the metro vegetative cover map. ii. The vegetative cover status of a property may be adjusted only if(a) the property was developed prior to the time the regional program was approved; or (b) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants must submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the following definition of vegetative cover types in Table 18.510.1. Table 18.510.1 Definitions of Vegetative Cover Types ype 1 Definition Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass, or open soils meadow, croplands, or areas of open soils located within 300 feet of a surface stream (low structure vegetation areas may include areas of shrub vegetation less than 1 acre in size if they are contiguous with areas of grass, meadow, croplands, orchards, Christmas tree farms, holly farms, or areas of open soils located within 300 feet of a surface stream and together form an area of 1 acre in size or larger). Woody vegetation Areas that are part of a contiguous area 1 acre or larger of shrub or open or scattered forest canopy(less than 60 percent crown closure) located within 300 feet of a surface stream. Forest canopy Areas that are part of a contiguous grove of trees 1 acre or larger in area with approximately 60 percent or greater crown closure, irrespective of whether the entire grove is within 200 feet of the relevant water feature. c. Determine whether the degree that the land slope upward from all streams, rivers, and open water within 200 feet of the property is greater than or less than 25 percent (using the vegetated corridor measurement methodology as provided in Clean Water Services Design and Construction Standards; and d. Identify the riparian habitat classes applicable to all areas on the property using Table 18.510.2 and Table 18.510.3. Table 18.510.2 Method for Locating Boundaries of Class I and II Riparian Areas Development/Vegetation Status[1] Distance in Developed areas Low structure Woody vegetation Forest canopy feet from (shrub and not providing vegetation or open (closed to open water feature vegetative cover soils scattered forest forest canopy) canopy) Sensitive Lands 18.510-22 12/12/2023 PC Recommendation To CC EXHIBIT D Surface streams _ 0-50 Class II Class I Class I Class I _ 50-100 Class II [2] Class I Class I 100-150 Class II [2] Class II [2] Class II [2] if slope>25 if slope>25 percent percent 150-200 Class II [2] Class II [2] Class II [2] if slope>25 if slope>25 if slope>25 percent percent percent Wetlands (Wetland feature itself is a Class I Riparian Area) 0-100 Class II [2] Class I Class I 100-150 Class II [2] Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area) 0-100 Class II [2] Class II [2] [1] The vegetative cover type assigned to any particular area was based on 2 factors: the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were assigned, in order to qualify as a "forest canopy" the forested area had to be part of a larger patch of forest land at least 1 acre in size. [2] Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map, will be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identity habitats of concern as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests, wetlands, native grasslands, riverine islands or deltas, and important wildlife migration corridors. Table 18.510.3 Tualatin Basin "Limit"Decision [1] Conflicting Use Category Resource Future Urban High Intensity Non-Urban Category Urban Other Urban (2002 and 2004 (outside UGB) additions) Class I & II Riparian Moderately Strictly Limit Strictly Limit N/A inside vegetated corridor Limit Class I & II Riparian Moderately Moderately Moderately Moderately outside vegetated corridor Limit Limit Limit Limit All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit Inner Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit Outer Impact Area Lightly Limit Lightly Limit Lightly Limit Lightly Limit Sensitive Lands 18.510-23 12/12/2023 PC Recommendation To CC EXHIBIT D [1] Vegetated corridor standards are applied consistently throughout the District; in HIU areas they supersede the "limit" decision. 2. Verifying boundaries of inventoried upland habitat was identified based on the existence of contiguous patches of forest canopy, with limited canopy openings. The "forest canopy" designation is made based on analysis of aerial photographs as part of determining the vegetative cover status of land within the region. Upland habitat is as identified on the Significant Habitat Areas Map unless corrected as provided in this subsection. a. The only allowed corrections to the vegetative cover status of a property area as follows: i. To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat. The perimeter of an area delineated as "forest canopy" on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the dripline of the trees within the canopied area provided that no areas providing greater than 60 percent canopy crown closure are de-classified from the "forest canopy" designation. To assert such errors, applicants must submit an analysis of the vegetative habitat cover on their property using the aerial photographs that were used to inventory the habitat and the definitions of the different vegetative cover types provided in Table 18.510.1; and ii. To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have not been harvested for sale as Christmas trees may not be removed from the habitat inventory. b. If the vegetative cover status of any area identified as upland habitat is corrected in compliance with Subparagraph 18.510.110.B.2.a to change the status of an area originally identified as "forest canopy," then such area will not be considered upland habitat unless it remains part of a forest canopy opening less than 1 acre in area completely surrounded by an area of contiguous forest canopy. (Ord. 18-23 §2; Ord. 18-21 §2; Ord. 17-22 §2) ■ Sensitive Lands 18.510-24 12/12/2023 PC Recommendation To CC