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DCA2018-00002
j4v(Iclfl s9au mi d (loo'I3 vw2la Z0000 slozv:) (I 120 DAYS = N/AP.— rapI DATE MAILED: 10/17/2018 CITY OF TIGARD TIGARD :; Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Numbers: Development Code Amendment (DCA) 2018-00002 Case Name: FEMA Floodplain Regulations Update Applicant's Name/Address: City of Tigard, 13125 SW Hall Blvd,Tigard,OR 97223 Owner's Names/Addresses: N/A Address of Property: Citywide Tax Ma /Lot Nos.: Ci de A Final Order approving a development code amendment adopting text amendments to the Tigard Municipal Code Title 18 (Community Development Code) updating floodplain regulations in compliance with FEMA's National Flood Insurance Program and updated Flood Insurance Rate Maps. The City of Tigard Planning Commission and City Council reviewed all applicable plans, maps, findings, materials, public comments, and recommendations for the amendments described in further detail in the staff report. The Planning Commission held a public hearing to receive testimony on September 17, 2018 for the purpose of making a recommendation to the City Council on the amendments. The City Council held a public hearing to receive testimony on October 16,2016 prior to making a decision on the amendments. This decision was based on the facts, findings,and conclusions contained within this Final Order. Subject: A Community Development Code text amendment update floodplain regulations in order to comply with FEMA's National Flood Insurance Program requirements, including the adoption of the updated FIRM. At the October 16, 2018 Tigard City Council public hearing, Council unanimously approved the amendments relating to the floodplain (DCA2018-00002). APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), 7 and (Areas subject to Natural Disasters and Hazards); Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 2.1.6, 2.1.11, 2.1.21, 2.1.23, 7.1.7, 7.1.8, and 7.1.9; and Tigard Development Code Chapters 18.710 and 18.795. Action: ® Approval as Requested E] Approval with Conditions Denial Notice: Notice was posted at City Hall and mailed to: ® Affected Government Agencies ❑ Interested Parties Final Decision: This is the final decision by the city and is effective on OCTOBER 16,2018.The adopted findings of fact and decision can be obtained from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: Call the City of Tigard Planning Division at (503) 718-2421 or the City Recorder at (503) 718-2419. CITY OF TIGARD,OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18----')-/ AN ORDINANCE AMENDING THE TIGARD DEVELOPMENT CODE (TITLE 18) TO ADOPT NEW FEMA FIRM MAPS AND UPDATED FLOODPLAIN REGULATIONS. PROPOSED TIGARD DEVELOPMENT CODE CHANGES INCLUDE UPDATED AND NEW DEFINITIONS RELATED TO FLOODPLAINS BE PLACED WITHIN CHAPTER 18.30 (DEFINITIONS) AND CHAPTER 18.510 (SENSITIVE LANDS); AND TEXT AMENDMENTS TO CHAPTER 18.510 (SENSITIVE LANDS) PROVIDE UPDATED REGULATION RELATING TO MANUFACTURED HOMES AND REQUIREMENTS FOR NOTFIYING FEMA OF NEW TECHNICAL DATA AND DECLARING AN EMERGENCYt - WHEREAS, amendments to the Tigard Community Development Code Chapter 18.510 would adopt the updated FEMA Flood Insurance Rate Maps ensuring 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, FEMA requires the city to adopt the new FIRM maps and updated regulations prior to October 19,2018 to maintain participation in the National Flood Insurance Program;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 18.710.110;and WHEREAS, the Tigard Planning Commission held a duly noticed public hearing on September 17, 2018 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 October 16, 2018, 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: ORDINANCE No. 18-,�2.j Page 1 SECTION 1: Council adopts the findings recommended by the Planning Commission as contained in the October 16, 2018 Staff Report to the City Council, included as "Exhibit All to this Ordinance,as the basis in support of the corresponding code amendments. SECTION 2: Tigard Community Development Code (Title 18) 18.120 Definitions is amended as shown in "Exhibit B" and 18.510 Sensitive Lands is amended as shown in "Exhibit C" to this Ordinance. SECTION 3: FEMA requires this ordinance be effective by October 19, 2018 in order to allow the city and its citizens to continue to participate in the National Flood Insurance Program. An emergency is therefore declared and this ordinance shall be effective immediately upon passage and signature by the Mayor. PASSED: By 146,M)MOWS vote of all Council members present after being read by � number and title only,this I ay of 4/44 Zei- ,2018. �,tQc.�•— Carol Krager,City Recorder APPROVED: By Tigard City Council this 1�day of a �e r ,2018. Approved as to form: John Cook,Mayor City Attgrney Date Certified to be a True Copy of Original on File By: Deputy Re order-CI of gerd ORDINANCE No. 18- ate: Page 2 k. Exhibit A Agenda Item: #1 Hearing Date: October 16,2018 Time: 6:30 PM PLANNING COMMISSION RECOMMENDATION TO THE _ CITY COUNCIL , FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE CASE NO.: Development Code Amendment(DCA) DCA2018-00002 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC).The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510,Sensitive Lands are required based on this compliance review. The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19,2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands,as required by FEMA. 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 Disasters and Hazards); METRO'S Urban Growth Management Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 7.1.7, 7.1.8 and 7.1.9; and Tigard Development Code Chapters 18.710 and 18.795 SECTION II. PLANNING COMMISSION RECOMMENDATION REQUIRED FEND\FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 7 Exhibit A Planning Commission recommends approval by ordinance of the proposed development code text amendments(Attachment 1) SECTION III. BACKGROUND INFORMATION AND PROTECT SUMMARY Required FEMA Floodplain Regulations Update The purpose of the Required FEMA Floodplain Regulations Update Project is to update the Sensitive Lands Chapter (18.510) with the required Federal Emergency Management Agency (FEMA) requirements and adopt the updated Flood Insurance Rate Maps. A brief summary of the National Flood Insurance Program and the proposed changes is provided below. The National Flood Insurance Program (NFIP) is a federal program that was established in 1968 through the passage of the National Flood Insurance Act and administered by FEMA. The programs allow owners of properties within the Special Flood Hazard Area (SFHA)—also sometimes described as the 100-year floodplain—to obtain federally-backed insurance for their properties in jurisdictions that have adopted land use regulations for development in the floodplain. In addition to providing insurance, the NFIP identifies and maps the Nation's floodplains, known as the Flood Insurance Rate Map (FIRM) which results from a Flood Insurance Study. The FIRM is an official map on which FEMA has delineated both the SFHA and other flood zones within a community. The FIRM is used in determining a jurisdiction's floodplain regulations, whether a property owner is required to obtain flood insurance as well as the insurance rate. Floodplain boundaries do not stay constant but rather undergo change over time due to effects of erosions, development impacts, vegetation removal and other factors. To account for floodplain boundary changes, FEMA periodically adjusts the SFHA maps used by local jurisdictions. The City of Tigard does not conduct floodplain inventories and relies on FEMA for the determination of the SFHA boundary. FEMA periodically amends the regulatory requirement of the NFIP through updates to the local FIRM and a corresponding Flood Insurance Study (FIS) Report. 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 local flood area conditions. In 2016, the City adopted a new FIS Report, FIRM and revised floodplain regulations. Since the adoption in 2016, additional areas within Washington County were identified for further study. All areas that required further study that resulted in map changes are within Washington County, but outside of Tigard. The City of Tigard must adopt the updated maps with the updated date as a countywide effort. The FIRM updates must be adopted and effective within 6 months of FEMA's Letter of Final Determination. On April 19, 2018, FEMA notified the City of Tigard of the final flood elevation determinations on the FIRM for properties in the City of Tigard within the SFHA. The letter also stated that no significant changes were made to the flood hazard data on the preliminary maps within the City of Tigard. On June 6, 2018, the City was notified that FEMA Region 10 is required to review the current floodplain to ensure it meets the requirements for participation in the National Flood Insurance Program. FEMA hired a consulting firm, STARR II, to assist in the review process. The City received FEMA's review comments on July 30, 2018,which identified additional changes pertaining to floodplain regulation, not identified by FEMA through the last update in 2016. These changes are proposed in Attachment 1. FEMA requires that this ordinance with the proposed text amendments to TDC 18.510 and updated Flood Insurance Rate Maps be adopted and in effect by October 19, 2018 in order for the City of Tigard to remain a participant in NFIR REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 7 Exhibit A Planning Commission reviewed the proposed amendments at the September 17th, 2018 public hearing, The only change that resulted from the hearing was to keep the phrase "except in" in Paragraphs 18.510.020.B.7, 8 and 9, which was shown as stricken in the draft. Planning Commission also inquired about what would happen if the City did not adopt the proposed amendments by the October 19,2018 deadline. Staff stated that the City would be suspended from participation in the NFIP until the amendments were adopted. No members of the public chose to attend the hearing or provide written testimony. Proposed Amendments Amend the Tigard Development Code Definitions (TDC 18.30) and Sensitive Lands Chapter (TDC 18.510) as proposed: • Text Amendments to Chapter 18.30 (Definitions) to establish a new definition for "Flood"; • Text Amendments to Chapter 18.510 (Sensitive Lands) to add new definitions for "Basement", "Elevated Building", "Manufactured Home Park or Subdivision", and "Substantial Improvement"; • Text Amendments to Chapter 18.510 (Sensitive Lands) to amend the date of the updated Flood Insurance Study and accompanying Flood Insurance Rate Map dated October 19, 2018; • Text Amendments to Chapter 18.510 (Sensitive Lands) to amend regulations for the manufactured homes;and • Text Amendments to Chapter 18.775 (Sensitive Lands) to include requirements for notifying FEMA of new technical data. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1 —Citizen Involvement:. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by comlying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties Est. A notice was published in the Tigard Times newspaper on August 30, 2018. Project information and documents were published to the City website poor to the public hearing. A minimum of two public hearings will be held (ane before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 7 Exhibit A process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Plannin Goal 7—Areas Subject to Natural Disaster: This goal requires f urisdictions to protect development in places subject to natural hazards. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendments create a land use control that will buffer land uses and protect development in places subject to natural hazards. Consistency with the City's Hazard goals and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTH MANAGEl ffiNT 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. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO's Urban Growth Management Functional Plan,only applicable 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 amendment will adopt the newly updated FEMA Flood Insurance Rate Maps,which will allow the City to continue to participate in the National Flood Insurance Program. The proposed floodplain regulation relating to manufactured homes will provide protection for development located within natural flood hazard areas. The proposed amendment also includes updated terminology consistent with state and federal laws.This title is satisfied. Title 8—Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by com lying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Npotices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 7 Exhibit A 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 Comprehensive Plan 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 Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to ge public heating. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This policy is met. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adaption,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 affected agencies and were invited to comment on the proposal and 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 amendment includes the adoption of FEMA's Flood Insurance Rate Maps, which will maintain the City's participation in the National Flood Insurance Program and protect the public welfare for properties located within the SFHA. This policy is satisfied. Comprehensive Plan Goal 7: Hazards Poli c-V 7.1.7: The City shall comply with the Federal Emergency Management Agency 4424A) flood regulations,which include standards for base flood levels, flood proofing,and minimum finished floor elevations. FINDING: The proposed amendments adopt the newly updated FEMA Flood Insurance Rate Maps, update definitions consistent with federal law, amend regulations for manufactured homes and provide requirements; for notifying FEMA with new technical information. These proposed amendments are consistent with state and federal laws. This policy is satisfied. Policy 7.1.8: The City shall prohibit any land form alterations or developments in the 100- year floodplain which woul(f result in any rise in elevation of the 100-year floodplain. FINDING: The proposed amendments adopt the recently updated FEMA Flood Insurance Rate REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 7 Exhibit A Maps and regulations for development within the SFHA ensuring that development will not result in any rise in elevation of the 100-year floodplain.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 proposed amendments adopt the newly updated FEMA Flood Insurance Rate Maps and regulations for development within the SFHA ensuring that development will not be detrimental to the floodplain.This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE 18.795: Map and Teat Amendments 18.795.020 Legislative Amendments A. Legislative amendments shall be processed through a Legislative procedure, as provided in section 18.710.110 FINDING: Thepro osed amendments are legislative in nature. Therefore, the amendment will be reviewed under t_he legislative procedure. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. B. Approval considerations. A recommendation or a decision for a legislative amendment may y-bea�sed onconsiFeeration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statues, Oregon Administrative 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 listed criteria on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION: As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMNENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswego, City of Tualatin, City of King City, Washin on County,METRO, ODOT, DLCD,DEQ, ODFW, OR Dept of Geo. &Mineral Ind., CWS, Tri Met, Comcast, Frontier, NW Natural, PGE, REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 7 Exhibit A 7TSD, TVF&R, and Pride Disposal were notified of the proposed code text amendment but provided no comment. City of Tualatin provided comments stating they have reviewed the proposal and have no objections to it. SECTION VL PUBLIC COMMENTS The City had not received any public comments at the time this report was written.At the Planning Commission hearing on September 17, 2018, no member of the public attended; therefore, there was no public testimony. ATTACHMENTS. Attachments: 1. Proposed Amendments: a. 18.30 Definitions b. 18.510 Sensitive Lands PREPARED BY: Agbes Lindor Septem DATE 212018 Associate Planner September 24,2018 APPROVED BY: Tom McGuire DATE Assistant Community Development Director RFQUIRF.D FEMA FLOODPLAIN REGULATIONS UPDJV1 DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THI:CITY COUNCIL PAGE 7 OF 7 Exhibit A Attachment 1a Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-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. 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" - 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 area 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, AI-30, AE, A99, AR, AR/AI-30, ARAE, AR/AO, AR/AH, AR/A,VO,V 1-30,VE, and V.Also referred to as the"100-year floodplain." Proposed Amendment Exhibit A Attachment 1 b Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 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 Nevefabef 4, ctober 19,2018,zero-foot rise floodway elevation. 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) 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: Sensitive Lands 18.510-1 6ede-bod %proposed Amendment Exhibit A Attachment 1b 1. The special flood hazard area 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; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outright permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.1), F, and G of this section, the following uses are outright permitted 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"shall exclude: 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 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 the-fie edway afw,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. Sensitive Lands 18.510-2 erode Update: 1247Pronosed Amendment Exhibit A Attachment 1b 8. Accessory structures that are less than 120 square feet in size; except in the#mid rem 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 the-1}eedway area; 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met, including sensitive land reviews for areas within the special flood hazard area,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 area (excluding the floodwa , drainageway, slopes that are 25 percent or greater, and unstable ground shall be 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. Actions within the special flood hazard area: i. The construction of accessory structures up to 528 square feet in size,• and ii. Any land formations involving up to 50 cubic yards of material Sensitive Lands 18.510-3 Code Update.1247pronosed Amendment Exhibit A Attachment lb fnater-W, eiieept i"the fleedway area, fer- land thM is within publie easements and FigMs ef- way shall be subjeet to room 14-nee with all of the stafjdar-ds in t c. Actions within drainaeeways and slopes that are 25 percent or greater,and unstableground: E i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material, standar,ds in this ehapter-; and ii. Buildine permits for accessory structures that are 120 to 528 square feet in size Buildingis less than 50 per-eePA of the mar-ket value ef the stmetufe pfier-to the impr-evemePA or- the e. area; i re lee fl. Paving en private property,except in the fleedway area shall be subjeet to reemplianee with all of the stEmdar-ds in this ehapter-; i. The eenstmefien of aeeesswy AFaetufes thM afe less than 120 squffe feet within spersial fleed af-eas shall be subj eet to eemplianee with all of the standards in this ehapter-. 2. The approval authority shall 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" shall be processed through a Type II procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)or land form alterations involving more than 50 cubic yards of material; Sensitive Lands 18.510-4 Code"qdafe 1247Pronosed Amendment Exhibit A Attachment lb 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 shall 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 areas shall by processed through a Type IIl-HO procedure,as provided in Section 18.710.070,for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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 shall 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. 1. 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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"shall 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. Sensitive Lands 18.510-5 Code Updateo M14-7 onosed Amendrrtent Exhibit A Attachment lb B. Alteration or relocation of water course. 1. The director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification. The approval authority shall 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: 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 shall maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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 November-4, 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 18.510.040.13, the approval authority shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal,state or other source,in order to administer Subsections 18.510.040.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 shall 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 Sensitive Lands 18.510-6 Code Updakw- ""'Proposed Amendment Exhibit A Attachment lb 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,shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes,shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. H. Water supply sterns. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. 1. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site wasted disposal systems. On-site wastetef disposal systems shall 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,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shalt 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 base flood elevation. Sensitive Lands 18.510-7 Code Updamr IZWProposed Amendment Exhibit A Attachment 1 b M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting 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 provisions of this subsection based on their development or review of the structural design,specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2; and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.0401.2.Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g., a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions 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 shall 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, 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. Sensitive Lands 18.510-8 Gode"gdate ""'Proposed Amendment 4 Exhibit A Attachment lb P. Critical facilities.Construction of new critical facilities shall be,to the extent possible,located outside of the limits of the special flood hazard area.Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters.Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions.The following definitions are only applicable to this section: 1. Basement-Any area of the building having its floor subgrade(below ground level)on all sides 2 ' DEVELOPMENT Developments--gAny 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. A Ae I Gd a p&+. t4► -.0it 4. Flood Insurance Rate Man(FIRM)-mems. The official�#&0 L' map of a community,on which the Federal Insurance Administrator has delineated both the special 11 Ct f i�+ hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). F nnn 1NS t i IanGB v 5_, . --rTrrn�-�-,Flood Insurance Study (FIS) meai3s- - tThe 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 - meaP64TIie 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 Section 60.3. 7. S MANUI A CT�40MEManufactured Home-ffwan -aA 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 GONSTRUGTIONNew Construction - #For the purposes of determining insurance rates,structures for which the"start of construction"commenced on or after the effective Sensitive Lands 18.510-9 Code Update 1247Pronosed Amendment Exhibit A Attachment 1 b 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 7. DL'GR ATT0NAT VER4GLERecreational Vehicle -mems-&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. START OF CONSTTJ i iCTION 11. �8. ==o=.Start of Construction--iIncludes substantial improvement,an means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,placement or other improvement was within 180 days of the permit date.The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets 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. 12. 9—Structure , -l or floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground,, as-well-as-a 13. 4�-Substantial Damage _dDamage 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. 14 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 either: a Before the"start of construction"of the improvement;or b If the structure has been damaged and is being restored,before the damaize 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 assure safe living conditions or i-.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. 44—ViolationIO A TION ,r,,,,.,._ ffhe failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance Sensitive Lands 18.510-10 CoProaosed Amendment 4 t Exhibit A Attachment lb 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 shall not in any way impairs 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 shall control. (Ord. 17-22 §2) 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). 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. 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. 17-22 §2) 18.510.060 Lapse of Approval A. Lapse of approval.Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: 1. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period;and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.(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, shall obtain approval in certain situations. Depending on the nature and intensity of the i Sensitive Lands 18.510-11 Code Updat--1249 nosed Amendment Exhibit A Attachment lb 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 area. The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 Uplicable flood hazard reduction provisions. 3. Land form alterations or developments within the special flood hazard area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area 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/bicycle pathway in compliance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained;and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes. The approval authority shall 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; Sensitive Lands 18.510-12 Proposed Amendment Exhibit A Attachment 1 b 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/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drainageways. The approval authority shall 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; 3. The proposed landform 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 Chapter 18.320,Landscaping and Screening; b. 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority shall 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; Sensitive Lands 18.510-13 Code Adak,1247 onosed Amendment Exhibit A Attachment 1b 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 area 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520, Urban Forestry, shall be met; 9. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (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/approved in compliance with Section 18.510.120. 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 18.510.120. 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. Sensitive Lands 18.510-14 !'ode Update: ""'Proposed Amendment e Exhibit A Attachment lb 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 18.510.120. 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 of the standard width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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.I and 2; Sensitive Lands 18.510-15 Gode '?/17pronosedAmendment Exhibit A Attachment 1 b 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 18.510.080.13.3. These exceptions reflect instances of the greater protection of riparian corridors provided by the safe harbor provisions of the Goal 5 administrative rule. (Ord. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter.The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit"or "moderately limit" on the City of Tigard"Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on buildable land; 3. Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor,significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required, including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions Sensitive Lands 18.510-16 Fede UpdldR r 12/,P nosed Amendment Exhibit A Attachment 1b A. Density transfer. Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction.The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet 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 adjustment shall be processed through a Type I1 procedure. The approval authority shall approve, approve with conditions or deny the adjustment 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. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type 11 procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 Plan Amendment Option Sensitive Lands 18.510-17 Code Update.!344pronosed Amendment Exhibit A Attachment 1 b 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 18.795,Map and Text Amendments. This amendment shall 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 shall be addressed separately through an alternatives analysis, as described in Section 3.02.5 of the CWS"Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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 shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of chance. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title. (Ord. 17-22 §2) 18.510.130 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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; Sensitive Lands 18.510-18 Code 1247Proposed Amendment Exhibit A Attachment lb 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 area, 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 shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 1$.510.130.13. B. Applicants who believe that the map is inaccurate shall 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 area 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 shall 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. i. Vegetative cover status shall 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 shall 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. Defillitions Of VC-011th e Cover Types Type Defitiv Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,meadow, or open soils croplands,or areas of open soils located within 300 feet of a surface stream low structure vegetation areas may include areas of shrub Sensitive Lands 18.514-19 Gode Update.,12114EWosed Amendment Exhibit A Attachment 1b i getation less than 1 acre in size if they are contiguous with areas of ass,meadow, croplands,orchards,Christmas tree farms,holly farms,or eas 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. Sensitive Lands 18.510-20 Code"^'' 247Proposed Amendment Exhibit A Attachment 1 b Table 18.510.2 Nletliod for Localiii-(-, Boundaries of Class I 111d 11 lziparian Areas Distance Develgm;ntNegetati" in feet from Developed areas Woody vegdadon water not provides .Low structure vegetation {shrub and scattered Forest canopy(closed feaftre vegetative cover or-open softs ore&canopy) to o en forest canopy) Surface streams 0-50 Class II Class I Class I Class I 50-100 Class II [2] Class I Class 1 100-150 Class II [2]if slope>25 Class II [2]if slope> Class 11 [2] percent 25 percent 150-200 Class II [2]if slope>25 Class II [2]if slope> Class 1I [2]if slope> percent 25 percent 125 percent Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class II [2] Class I Class I 100-150 1Class 11 [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, shall 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 Reguurr$e ;e fan Cates High lntenaity i044nd204 Non•Urban Urban Other Urban **nsj (outside UGB) Class I&II Riparian Inside Moderately Limit Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor 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 18.510-21 Code Upda e 12APEwosedAmendment Exhibit A Attachment 1b [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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.510-22 Code Up a to 1247Pronosed Amendment Exhibit B Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-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. 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" - 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 area 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/A1-30, ARAE, AR/AO, AR/AH, AR/A,VO,V 1-30, VE, and V.Also referred to as the"100-year floodplain." Proposed Amendment Exhibit C Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 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. 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) 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: Sensitive Lands 18.510-1 Proposed Amendment Exhibit C 1. The special flood hazard area 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;and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outright permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.13, F, and G of this section, the following uses are outright permitted 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"shall exclude: children's play equipment, picnic tables,sand boxes,grills,basketball hoops,and similar recreational equipment. I. 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 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. Sensitive Lands 18.510-2 Proposed Amendment Exhibit C 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met, including sensitive land reviews for areas within the special flood hazard area, 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 area (excluding the floodway), drainageway, slopes that are 25 percent or greater, and unstable ground shall be 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. Actions within the special flood hazard area: i. The construction of accessory structures up to 528 square feet in size;and ii. Any land formations involving up to 50 cubic yards of material. Sensitive Lands 18.510-3 Proposed Amendment Exhibit C 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 yards of material;and ii. Building permits for accessory structures that are 120 to 528 square feet in size. 2. The approval authority shall 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 1.8.510.080. 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" shall be processed through a Type II procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)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 shall 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 areas shall by processed through a Type III-HQ procedure,as provided in Section 18.710.070,for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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. Sensitive Lands 18.510-4 Proposed Amendment Exhibit C 2. The approval authority shall 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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"shall 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 shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification. The approval authority shall 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: a. Verify and record the actual elevation(in relation to mean sea level); and b. Maintain the floodproofing certifications required in this chapter. Sensitive Lands 18.510-5 Proposed Amendment Exhibit C 3. The director shall maintain for public inspection all other records pertaining to the provisions in this chapter.(Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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 18.510.040.13, the approval authority shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 18.510.040.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 shall 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,shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as 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 shall be designed to minimize or eliminate infiltration of floodwater into the system. 1. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall 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 shall be located to avoid impairment to them or contamination from them during flooding. L. Residential construction. Sensitive Lands 18.510-6 Proposed Amendment Exhibit C 1. New construction and substantial improvement of any residential structure,including manufactured homes,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shall 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 base flood elevation. M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting 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 provisions of this subsection based on their development or review of the structural design,specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2; and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2.Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g., a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; Sensitive Lands 18.510-7 Proposed Amendment Exhibit C 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions that contain more than SO 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 shall 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, 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,1,and L and the elevation and anchoring requirements for manufactured homes. P. Critical facilities.Construction of new critical facilities shall be,to the extent possible,located outside of the limits of the special flood hazard area.Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters.Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions.The following definitions are only applicable to this section: I. 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. 4. Flood Insurance Rate Map (FIRM) means an - The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium Sensitive Lands 18.510-8 Proposed Amendment Exhibit C 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 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 Section 60.3. 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, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings, the installation of piles,the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.Permanent construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets 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. 12. Structure-For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank,that is principally above ground. Sensitive Lands 18.510-9 Proposed Amendment Exhibit C 13. 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. 14. 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 either: 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 assure safe living conditions or 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 community's flood plain management regulations. A structure or other development 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 shall 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 shall control. (Ord. 17-22 §2) 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). 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. 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. 17-22 §2) 18.510.060 Lapse of Approval Sensitive Lands 18.510-10 Proposed Amendment Exhibit C A. Lapse of approval.Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: I. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period;and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (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, shall 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 18.510.070.13—E. B. Within the special flood hazard area. The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area 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/bicycle pathway in compliance with the adopted pedestrianibicycle pathway plan, unless the construction of said pathway is deemed as untimely; Sensitive Lands 18.510-11 Proposed Amendment Exhibit C 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained;and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes.The approval authority shalt 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: I. 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/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drainagewa�s. The approval authority shall 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; 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; Sensitive Lands 18.510-12 Proposed Amendment Exhibit C 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 Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority shall 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 area 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520,Urban Forestry, shall be met; 9. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (Ord. 17-22 §2) Sensitive Lands 18.510-13 Proposed Amendment t Exhibit C 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/approved in compliance with Section 18.510.120. 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 18.510.120. 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 18.510.120. 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 of the standard width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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; Sensitive Lands 18.510-14 Proposed Amendment Exhibit C 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.I and 2; 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. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter.The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit"or "moderately limit' on the City of Tigard"Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover,minimizing excavation and minimizing impervious surface area on buildable land; Sensitive Lands 18.510-15 Proposed Amendment Exhibit C I Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required, including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions A. Density transfer. Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction.The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet 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 adjustment shall be processed through a Type II procedure.The approval authority shall approve, approve with conditions or deny the adjustment 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. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type II procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; Sensitive Lands 18.510-16 Proposed Amendment Exhibit C 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone,and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 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 18.795,Map and Text Amendments.This amendment shall 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 shall be addressed separately through an alternatives analysis,as described in Section 3.02.5 of the CWS"Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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; Sensitive Lands 18.510-17 Proposed Amendment Exhibit C 5. If the application is approved,then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of chance. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title. (Ord. 17-22 §2) 18.510.130 Significant Habitat.Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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 area, 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 shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.130.13. B. Applicants who believe that the map is inaccurate shall 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 11 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 area or 1996 flood inundation line, whichever is greater, within 100 feet of the property. Sensitive Lands 18.510-18 Proposed Amendment y Exhibit C iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property shall 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. i. Vegetative cover status shall 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 shall 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. Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,meadow, or open soils 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. Sensitive Lands 18.510-19 Proposed Amendment Exhibit C Surface streams 0-50 Class 11 Class I Class I Class 1 50-100 Class 11 [2] Class I Class 1 100-150 Class 11 [2]if slope>25 Class 11[2]if slope> Class 11[2] percent 25 percent 150-200 Class 11 [2]if slope>25 Class 11[2]if slope> Class 11[2]if slope> percent 25 percent 25 percent Wetlands(Wetland feature itself is a Class I Riparian Area) ] 0-100 Class 11 [2] Class 1 Class I 100-150 JClass 11[2] Flood Areas(Undeveloped portion of flood area is a Class I Riparian Area) 10-100 1 1 --TClass 11 [2] JClass 11 [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 I acre in size. [2] Areas that have been identified as habitats of concern,as designated on the Metro Habitats of Concern Map,shall 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. Class I&II Riparian Inside Moderately Limit Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&11 Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor 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 18.510-20 Proposed Amendment Exhibit C [l] 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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.510-21 Proposed Amendment MEETING RECORDS Agenda Item: #1 Hearing Date: October 16,2018 Time. 6:30 PM PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON SECTIONL APPLICATION SUMMAR Y CASE NAME. REQUIRED FEMA FLOODPLAINREG ULA TIONS UPDATE CASE NO.: Development Code Amendment(DCA) DCA2018-00002 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC).The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review. 'the proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. 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 Disasters and Hazards); METRO'S Urban Growth Management Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 7.1.7, 7.1.8 and 7.1.9; and Tigard Development Code Chapters 18.710 and 18.795 SECTION II. PLANNING COMMISSION RECOMMENDATION REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 7 Planning Commission recommends approval by ordinance of the proposed development code text amendments(Attachment 1) SECTIONIII. BACKGROUND INFORMATION AND PROJECT SUMMARY Required FEMA Floodplain Regulations Update The purpose of the Required FEMA Floodplain Regulations Update Project is to update the Sensitive Lands Chapter (18.510) with the required Federal Emergency Management Agency (FEMA) requirements and adopt the updated Flood Insurance Rate Maps. A brief summary of the National Flood Insurance Program and the proposed changes is provided below. The National Flood Insurance Program (NFIP) is a federal program that was established in 1968 through the passage of the National Flood Insurance Act and administered by FEMA. The programs allow owners of properties within the Special Flood Hazard Area (SFHA)—also sometimes described as the 100-year floodplain—to obtain federally-backed insurance for their properties in jurisdictions that have adopted land use regulations for development in the floodplain. In addition to providing insurance, the NFIP identifies and maps the Nation's floodplains, known as the Flood Insurance Rate Map (FIRM) which results from a Flood Insurance Study. The FIRM is an official map on which FEMA has delineated both the SFHA and other flood zones within a community. The FIRM is used in determining a jurisdiction's floodplain regulations, whether a property owner is required to obtain flood insurance as well as the insurance rate. Floodplain boundaries do not stay constant but rather undergo change over time due to effects of erosions, development impacts, vegetation removal and other factors. To account for floodplain boundary changes, FEMA periodically adjusts the SFHA maps used by local jurisdictions. The City of Tigard does not conduct floodplain inventories and relies on FEMA for the determination of the SFHA boundary. FEMA periodically amends the regulatory requirement of the NFIP through updates to the local FIRM and a corresponding Flood Insurance Study (FIS) Report. 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 local flood area conditions. In 2016, the City adopted a new FIS Report, FIRM and revised floodplain regulations. Since the adoption in 2016, additional areas within Washington County were identified for further study. All areas that required fin-ther study that resulted in map changes are within Washington County, but outside of Tigard. The City of Tigard must adopt the updated maps with the updated date as a countywide effort. The FIRM updates must be adopted and effective within 6 months of FEMA's Letter of Final Determination. On April 19, 2018, FEMA notified the City of Tigard of the final flood elevation determinations on the FIRM for properties in the City of Tigard within the SFHA. The letter also stated that no significant changes were made to the flood hazard data on the preliminary maps within the City of Tigard. On June 6, 2018, the City was notified that FEMA Region 10 is required to review the current floodplain to ensure it meets the requirements for participation in the National Flood Insurance Program. FEMA hired a consulting firm, STARR II, to assist in the review process. The City received FEMA's review comments on July 30, 2018,which identified additional changes pertaining to floodplain regulation, not identified by FEMA through the last update in 2016. These changes are proposed in Attachment 1. FEMA requires that this ordinance with the proposed text amendments to TDC 18.510 and updated Flood Insurance Rate Maps be adopted and in effect by October 19, 2018 in order for the City of Tigard to remain a participant in NFIP. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 7 Planning Commission reviewed the proposed amendments at the September 171", 2018 public hearing. The only change that resulted from the hearing was to keep the phrase "except in" in Paragraphs 18.510.020.B.7, 8 and 9, which was shown as stricken in the draft. Planning Commission also inquired about what would happen if the City did not adopt the proposed amendments by the October 19, 2018 deadline. Staff stated that the City would be suspended from participation in the NFIP until the amendments were adopted. No members of the public chose to attend the hearing or provide written testimony. Proposed Amendments Amend the Tigard Development Code Definitions (IDC 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 "Flood"; o Text Amendments to Chapter 18.510 (Sensitive Lands) to add new definitions for "Basement", "Elevated Building", "Manufactured Home Park or Subdivision", and "Substantial Improvement"; o Text Amendments to Chapter 18.510 (Sensitive Lands) to amend the date of the updated Flood Insurance Study and accompanying Flood Insurance Rate Map dated October 19, 2018; o Text Amendments to Chapter 18.510 (Sensitive Lands) to amend regulations for the manufactured homes;and o Text Amendments to Chapter 18.775 (Sensitive Lands) to include requirements for notifying FEMA of new technical data. SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1 - Citizen Involvement. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper on August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2 -Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 7 process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. Statewide Planning Goal 7-Areas Subject to Natural Disaster. This goal requires jurisdictions to protect development in places subject to natural hazards. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendments create a land use control that will buffer land uses and protect development in places subject to natural hazards. Consistency with the City's Hazard goals and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. METRO'S URBAN GROWTHMANAGEMENT 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. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO's Urban Growth Management Functional Plan, only applicable 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 amendment will adopt the newly updated FEMA Flood Insurance Rate Maps,which will allow the City to continue to participate in the National Flood Insurance Program. The proposed floodplain regulation relating to manufactured homes will provide protection for development located within natural flood hazard areas. The proposed amendment also includes updated terminology consistent with state and federal laws. This title is satisfied. Title 8- Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This tide has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 7 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 Comprehensive Plan 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 Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided.This policy is met. Comprehensive Plan Goal 2:Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with 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 affected agencies and were invited to comment on the proposal and 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 amendment includes the adoption of FEMA's Flood Insurance Rate Maps, which will maintain the City's participation in the National Flood Insurance Program and protect the public welfare for properties located within the SFHA. This policy is satisfied. Comprehensive Plan Goal 7:Hazards 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 adopt the newly updated FEMA Flood Insurance Rate Maps, update definitions consistent with federal law, amend regulations for manufactured homes and provide requirements for notifying FEMA with new technical information. These proposed amendments are consistent with state and federal laws. This policy is satisfied. PoliCV7.1.8: The City shall prohibit any land form alterations or developments inthe 100- yearf Zoodplain which would result in any rise in elevation of the 100-yearfloodplain. Zoodplain. FINDING: The proposed amendments adopt the recently updated FEMA Flood Insurance Rate REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 7 Maps and regulations for development within the SFHA ensuring that development will not result in any rise in elevation of the 100-year floodplain. 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 streani low capacity of the zero foot rase 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 proposed amendments adopt the newly updated FEMA Flood Insurance Rate Maps and regulations for development within the SFHA ensuring that development will not be detrimental to the floodplain.This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE 18.795.Map and Text Amendments 18.795.020 Legislative Amendments A. Legislative amendments shall be processed through a Legislative procedure, as provided in Section 18.710.110 FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Legislative procedure. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. B. Approval considerations. A recommendation or a decision for a legislative amendment may be 17ased on consideration of the applicable leggal requirements. They may, but do not necessarily include: Oregon Revised Statues, 6regon Administrative 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 listed criteria on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION. As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, City of Lake Oswe o, City of Tualatin, City of King City, Washington County,METRO, ODO?', DLCD, DEQ, OD , OR Dept. of Geo. &tl�Iineral Ind., CWS, Tri Met, Comcast, Frontier, NW Natural, PGE, REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 7 TTSD, TVF&R, and Pride Disposal were notified of the proposed code text amendment but provided no comment. City of Tualatin provided comments stating they have reviewed the proposal and have no objections to it. SECTION VI. PUBLIC COMMENTS The City had not received any public comments at the time this report was written. At the Planning Commission hearing on September 17, 2018, no member of the public attended; therefore, there was no public testimony. ATTACHMENTS. Attachments: 1. Proposed Amendments: a. 18.30 Definitions b. 18.510 Sensitive Lands Mj�� (?CA� September 24, 2018 PREPARED BY: es Lindor DATE Associate Planner September 24,2018 APPROVED BY: Tom McGuire DATE Assistant Community Development Director REQUIRED FEMA FLOODPLAIN REGULA'T'IONS UPDATE DCA2018-00002 10/16/2018 PUBLIC HEARING,STAFF REPORT TO THE CITY COUNCIL PAGE 7 OF 7 Exhibit A Attachment 1a Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-Ageneral 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. 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" - 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 area 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/A1-30, ARAE, AR/AO, AR/AH, AR/A,VO,V1-30,VE,and V.Also referred to as the"100-year floodplain." Proposed Amendment Exhibit A Attachment lb Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 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 Neveffibef:4, October 19,2018,zero-foot rise floodway elevation. 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) 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: Sensitive Lands 18.510-1 Code b�qdate:1 Proposed Amendment Exhibit A Attachment lb 1. The special flood hazard area 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;and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outrisht permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.1), F, and G of this section, the following uses are outright permitted 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"shall exclude: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 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 the Peedway area;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. Sensitive Lands 18.510-2 Cede L�qdate- M47Pronosed Amendneent Exhibit A Attachment lb 8. Accessory structures that are less than 120 square feet in size;except in the€leedway-area;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 the fleedway-area; 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met,including sensitive land reviews for areas within the special flood hazard area,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. I 1. Administrative sensitive lands reviews within the special flood hazard area (excluding the floodwa , drainageway, slopes that are 25 percent or greater, and unstable ground shall be processed through a Type I procedure,as provided in Section 18.710.050,for the following actions: a. The installatien of publie suPP014 f6eilities shall be subjeet to eemplianee with all of the standar-ds in this ehapter--; 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. Actions within the special flood hazard area: i The construction of accessory structures up to 528 square feet in size; and ii. Any land formations involving up to 50 cubic yards of material. Sensitive Lands 18.510-3 Code bodate r 41 -7Pronosed Amendment Exhibit A Attachment 1b la Minimal or-p„na distur-baiiees of laxadfiaf 3 alter-ations ifiyelying 10 to 58 etibie yafds of material, e*eept in the fleedway area, fef land that is within ptlbhe easements and fightS Of way shall be subjeet+„ a „Y . it all ll f thta d d this h +. e s , c. Actions within drainageways and slopes that are 25 percent or greater,and unstableground: i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material, exeept in the fleedway area shall be subjeet to eefnplianee with all of the standards:n this elan+,r; and ii. Building permits for accessory structures that are 120 to 528 square feet in size is less than 50 Pefeent of th - l - ' + 1 f t + + to the + the r prior- or- „bjeet to a pl:anee, ith all of the standards:n this h + e. Building pefmits for-aeeesser-y stFaetur-es that are 120 to 528 sqttaFe feet in size�, exeept in fl. Paving 0 �rty,exeept in the Aeodway area shall be subject to eemplianee with all . ,a , stibjeet to eemplianee with all of the standar-ds in this ehapter-; with all of the standards in this eha i. The eenstfuetien of aeeessei=y stpaetur-es that are less than 120 square feet within speeial flood hazard afeas shall beu bj Y++ li +t all f t standards t ' 1 + a , j. Any land f4matiens invelving tip to 10 eiabie yards of fnater-ial within speeial fleed hazard areas shall be ,1.:Ja et to pli o with all ,.fthe .chars this ehaptef. 2. The approval authority shall 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" shall be processed through a Type II procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)or land form alterations involving more than 50 cubic yards of material; Sensitive Lands 18.510-4 Fade Update- ' 47Pronosed Amendment Exhibit A Attachment lb 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,eetside floodway areas. 2. The approval authority shall 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 areas shall by processed through a Type III-HO procedure,as provided in Section 18.710.070,for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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 shall 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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"shall 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. Sensitive Lands 18.510-5 Cod„ "qa '°"'Proposed An:endnient Exhibit A Attachment 1b B. Alteration or relocation of water course. 1. The director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification. The approval authority shall 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: 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 shall maintain for public inspection all other records pertaining to the provisions in this chapter.(Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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 Nevembef 4, 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 18.510.040.13, the approval authority shall obtain,review and reasonably utilize any base flood elevation and floodway data available from a federal,state or other source,in order to administer Subsections 18.510.040.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 shall 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 Sensitive Lands 18.510-6 Code Updote, Pranosed An�endrrient Exhibit A Attachment 1 b 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,shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements,including manufactured homes,shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical,heating, ventilation,plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as 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 shall be designed to minimize or eliminate infiltration of floodwater into the system. I. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site wasteteF disposal systems. On-site wastetef disposal systems shall 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,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shall 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 base flood elevation. Sensitive Lands 18.510-7 Code Update: ""'Proposed Amendment Exhibit A Attachment lb M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting 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 provisions of this subsection based on their development or review of the structural design,specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2;and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2.Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g., a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas,electrical,and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage;and 4. For subdivisions or partitions 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 shall 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, 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. Sensitive Lands 18.510-8 Cole-UpdaPronosed Amendment Exhibit A Attachment 1 b P. Critical facilities. Construction of new critical facilities shall be,to the extent possible,located outside of the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions. The following definitions are only applicable to this section: 1 Basement-Any area of the building having its floor subgrade(below ground level) on all sides. 2_i DEVELOPMENT ENT Developmentffean-,=aAny 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. 4 FLOOD!NS ro OWE n n TL r r�Flood Insurance Rate Map(FIRM)means an-The official map of a community,on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). 5_3FLOOD !NS ro NCE STr DYFlood Insurance Study (FIS) means-_Me 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_4 LOWEST FLOOR-Lowest Floor - means The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an 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 Section 60.3. I 7._c 44 4.41 rn n CTU ro ED 14OMP-Manufactured Home-means-aA 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. 9,6 NEW CONSTR CTIO New Construction - ffteaaa,-4For the purposes of determining insurance rates,structures for which the"start of construction"commenced on or after the effective Sensitive Lands 18.510-9 Fe Proposed Amendment Exhibit A Attachment 1 b 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. 7. RECREATIONAL VEuT�'ERecreational Vehicle -ffwaffs-&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 8 START-OF CON STR CTIONStart of Construction-4lncludes substantial improvement,and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,placement or other improvement was within 180 days of the permit date.The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets 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. 12. .—StructureSTRUCT- RE n e,,.,..,-€For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground 13. Substantial Damager TTS cT A NTI A r DAMAGE means dDamage 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. 14. 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 either: 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 assure safe living conditions or i.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. 41—ViolationIO A TION +ilea ._ tThe failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance Sensitive Lands 18.510-10 Code Update., 1247Proposedjmendnient Exhibit A Attachment lb 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 shall not in any way impairs 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 shall control. (Ord. 17-22§2) 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). 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. 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. 17-22 §2) 18.510.060 Lapse of Approval A. Lapse of approval. Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: 1. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period; and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (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, shall obtain approval in certain situations. Depending on the nature and intensity of the Sensitive Lands 18.510-11 Code b�qdate, 24-7EMnosed Amendment Exhibit A Attachment 1b proposed activity within a sensitive area,either a Type I1 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 area. The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area 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/bicycle pathway in compliance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained; and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrianibicycle pathway within the special flood hazard area in compliance with the adopted pedestrianibicycle pathway plan. C. With steep slopes. The approval authority shall 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; Sensitive Lands 18.510-12 Code bodak, 12114Proposed Amendment Exhibit A Attachment lb 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/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drains e� ways. The approval authority shall 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; 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 Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority shall 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; Sensitive Lands 18.510-13 Proposed Amendment Exhibit A Attachment 1 b 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 area 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520,Urban Forestry,shall be met; 9. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (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/approved in compliance with Section 18.510.120. 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 18.510.120. 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. Sensitive Lands 18.510-14 Code "--date• 24-7 nosed Amendment Exhibit A Attachment lb 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 18.510.120. 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 of the standard width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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 18.510-15 Code Update: 44-Proposed Amendment Exhibit A Attachment 1 b 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. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter.The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adiustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit"or "moderately limit"on the City of Tigard"Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover,minimizing excavation and minimizing impervious surface area on buildable land; 3. Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor,significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required, including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions Sensitive Lands 18.510-16 Code "�a�Pant2i-7Etonosed Amendment Exhibit A Attachment 1b A. Density transfer. Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction.The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized. The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet 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 adjustment shall be processed through a Type II procedure. The approval authority shall approve, approve with conditions or deny the adjustment 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. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type II procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 Plan Amendment Option Sensitive Lands 18.510-17 Proposed Amendment Exhibit A Attachment lb 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 18.795,Map and Text Amendments. This amendment shall 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 shall be addressed separately through an alternatives analysis,as described in Section 3.02.5 of the CWS"Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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 shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of change. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title. (Ord. 17-22 §2) 18.510.130 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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; Sensitive Lands 18.510-18 PronosedAmendment Exhibit A Attachment 1 b 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 area, 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 shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.130.13. B. Applicants who believe that the map is inaccurate shall 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 area 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 shall 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. i. Vegetative cover status shall 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 shall 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. 'I"Ible 18.510.1 T Derin Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,meadow, or open soils croplands,or areas of open soils located within 300 feet of a surface stream(low structure vegetation areas may include areas of shrub Sensitive Lands 18.510-19 CoProposed Amendinent Exhibit A Attachment lb 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. Sensitive Lands 18.510-20 Code Updates21-1-7 posed Amendment Exhibit A Attachment lb Table 18.510.2 Mance level me eg t�Et n Statugil In feet from Dever er"s Woody vegehidon war ?t pr#WdN9 strtict�fTe ve nt s `sc hereat Fr►rest c (ct sea! f0tore vegetative caper Or npefi i06- o"st cas*a, ) to 4onfoAw C404p) 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]if slope>25 Class II [2]if slope> Class 1I [2] percent 25 percent 150-200 Class II [2]if slope>25 Class II [2]if slope> Class II [2]if slope> percent 25 percent 25 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] TClass 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,shall 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. Fable 18.;10.3 4 t r� sr : ats} ( tsie MOB) Class I&II Riparian Inside Moderately Limit Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor All other Resource Areas Lightly Limit Lightly Limit Lightly Limit Lightly Limit Inner Impact Area I Lightly Limit Lightly Limit Lightly Limit Lightly Limit Outer Impact Area Lightly Limit Lightly Limit Lightly Limit I Lightly Limit Sensitive Lands 18.510-21 Proposed Amendment Exhibit A Attachment lb [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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.510-22 Cd.. "-•a~'e ""'Proposed Amendment Exhibit B Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-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. 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" - 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 area 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/A1-30, ARAE, AR/AO, AR/AH, AR/A,VO,V1-30, VE,and V.Also referred to as the"100-year floodplain." Proposed Amendment Exhibit C Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 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. 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) 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: Sensitive Lands 18.510-1 Proposed Amendment Exhibit C 1. The special flood hazard area 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; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outright permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.1), F, and G of this section, the following uses are outright permitted 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"shall exclude: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 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. Sensitive Lands 18.510-2 Proposed Amendment Exhibit C 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species;and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met,including sensitive land reviews for areas within the special flood hazard area, 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 area (excluding the floodway), drainageway, slopes that are 25 percent or greater, and unstable ground shall be 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. Actions within the special flood hazard area: i. The construction of accessory structures up to 528 square feet in size;and ii. Any land formations involving up to 50 cubic yards of material. Sensitive Lands 18.510-3 Proposed Amendment Exhibit C 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 yards of material;and ii. Building permits for accessory structures that are 120 to 528 square feet in size. 2. The approval authority shall 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" shall be processed through a Type II procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)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 shall 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 areas shall by processed through a Type III-HO procedure,as provided in Section 18.710.070,for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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. Sensitive Lands 18.510-4 Proposed Amendment Exhibit C 2. The approval authority shall 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagencyordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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 ail "development"shall 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 shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification. The approval authority shall require that the elevations and floodproofmg 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: a. Verify and record the actual elevation(in relation to mean sea level);and b. Maintain the floodproofing certifications required in this chapter. Sensitive Lands 18.510-5 Proposed Amendment Exhibit C 3. The director shall maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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 18.510.040.13, the approval authority shall obtain,review and reasonably utilize any base flood elevation and floodway data available from a federal,state or other source,in order to administer Subsections 18.510.040.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 shall 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,shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements,including manufactured homes,shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation,plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as 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 shall be designed to minimize or eliminate infiltration of floodwater into the system. 1. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall 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 shall be located to avoid impairment to them or contamination from them during flooding. L. Residential construction. Sensitive Lands 18.510-6 Proposed Amendment Exhibit C 1. New construction and substantial improvement of any residential structure,including manufactured homes,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shall 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 base flood elevation. M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting 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 provisions of this subsection based on their development or review of the structural design,specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2;and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g.,a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical,and water systems shall be located and constructed so as to minimize flood damage; Sensitive Lands 1&510-7 Proposed Amendment Exhibit C 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. 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 shall 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, 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 shall be,to the extent possible,located outside of the limits of the special flood hazard area. Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions.The following defmitions are only applicable to this section: 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. 4. Flood Insurance Rate Map (FIRM) means an - The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium Sensitive Lands 18.510-8 Proposed Amendment Exhibit C 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 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 Section 60.3. 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, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings, the installation of piles,the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.Permanent construction does not include land preparation,such as clearing, grading and filling;nor does it include the installation of streets 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. 12. Structure-For floodplain management purposes,a walled and roofed building,including a gas or liquid storage tank,that is principally above ground. Sensitive Lands 18.510-9 Proposed Amendment Exhibit C 13. 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. 14. 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 either: 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 assure safe living conditions or 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 community's flood plain management regulations. A structure or other development 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 shall 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 shall control. (Ord. 17-22 §2) 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). 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. 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. 17-22 §2) 18.510.060 Lapse of Approval Sensitive Lands 18.510-10 Proposed Amendment Exhibit C A. Lapse of approval. Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: 1. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period;and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (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, shall obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area,either a Type I1 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 18.510.070.13—E. B. Within the special flood hazard area The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area 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 pedestrianibicycle pathway in compliance with the adopted pedestrianibicycle pathway plan, unless the construction of said pathway is deemed as untimely; Sensitive Lands 18.510-11 Proposed Amendment Exhibit C 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained;and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes. The approval authority shall 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/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drainagewa�s. The approval authority shall 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; 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; Sensitive Lands 18.510-12 Proposed Amendment Exhibit C 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 Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands. The approval authority shall 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 area 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520,Urban Forestry,shall be met; 9. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (Ord. 17-22 §2) Sensitive Lands 18.510-13 Proposed Amendment Exhibit C 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/approved in compliance with Section 18.510.120. 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 18.510.120. 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 18.510.120. 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 of the standard width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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; Sensitive Lands 18.510-14 Proposed Amendment Exhibit C 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; 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. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit"or "moderately limit"on the City of Tigard "Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover,minimizing excavation and minimizing impervious surface area on buildable land; Sensitive Lands 18.510-15 Proposed Amendment Exhibit C 3. Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor,significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required,including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions A. Density transfer. Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction. The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized.The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet 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 adjustment shall be processed through a Type II procedure. The approval authority shall approve, approve with conditions or deny the adjustment 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. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type II procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; Sensitive Lands 18.510-16 Proposed Amendment Exhibit C 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 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 18.795,Map and Text Amendments. This amendment shall 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 shall be addressed separately through an alternatives analysis,as described in Section 3.02.5 of the CWS "Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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; Sensitive Lands 18.510-17 Proposed Amendment Exhibit C 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of change. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title. (Ord. 17-22 §2) 18.510.130 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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 area, 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 shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.130.B. B. Applicants who believe that the map is inaccurate shall 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 area or 1996 flood inundation line, whichever is greater, within 100 feet of the property. Sensitive Lands 18.510-18 Proposed Amendment Exhibit C iii. Locate all wetlands within 150 feet of the property. Identified wetlands on the property shall 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. i. Vegetative cover status shall 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 shall 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. Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,meadow, or open soils 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. Sensitive Lands 18.510-19 Proposed Amendment Exhibit C Table 18.510.2 '\let],()(] for Locathig Botnidaries of Class I and 11 Riparian Areas M' Surface streams 0-50 Class Il Class I Class I Class 1 50-100 Class lI [2] Class I Class 1 100-150 Class Il [2]if slope>25 Class lI [2]if slope> Class II[2] percent 25 percent 150-200 Class Il [2]if slope>25 Class 11 [2]if slope> Class II[2]if slope> percent 25 percent 25 percent Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class 11 [2] Class I Class I 100-150 Class II [2] Flood Areas(Undeveloped portion of flood area is a Class 1 Riparian Area) 0-100 Class 11 [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,shall 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 Tti alatiti Bashi "Limit" Decision III in Dlt�j UG - Class I&11 Riparian Inside Moderately Limit Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor 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 18.510-20 Proposed Amendment Exhibit C [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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.5-10-21 Proposed Amendment 10/17/2018 FEMA FLOODPLAIN REGULATIONS UPDATE Public Hearing City Council I 01tob.,16,2018 PROPOSED AMENDMENTS: / Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018; and / Adopt updated floodplain regulations incorporated into TDC Chapter 18.510,Sensitive Lands, as required by FEMA. 1 CITY OF TIGARD PLANNING COMMISSION Minutes, September 17,2018 Location:Tigard Civic Center Town Hall,13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Commissioner Brook Commissioner Hu Commissioner Jackson Commissioner Middaugh Commissioner Roberts Alt. Commissioner Whitehurst Absent: Vice President Feeney; Commissioner Lieuallen; Commissioner Schmidt Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Agnes Lindor,Associate Planner; Gary Pagenstecher,Project Planner; Susan Shanks, Senior Planner COMMUNICATIONS—As an FYI - Commissioners Hu and Schmidt noted they are leaving the TTAC (Tigard Transportation Advisory Committee) at the end of this year, and that if anyone was interested in applying, the committee is taking applications. CONSIDER MINUTES President Fitzgerald asked if there were any additions, deletions, or corrections to the August 20 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING FEMA FLOODPLAIN REGULATIONS UPDATE DEVELOPMENT CODE AMENDMENT (DCA) 2018-00002 The City of Tigard proposes legislative amendments to the Tigard Development Code (IDC). The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review. The proposed amendments include: LAdoption by reference, the updated Flood Insurance Rate Maps dated October 19,2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. LOCATION: Citywide September 17,2018 Page 1 of 7 STAFF REPORT Planner Agnes Lindor introduced herself and went over the staff report and a PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing. She told the commissioners the following amendments were being proposed: / Adoption by reference, the updated Flood Insurance Rate Maps (FIRM) dated October 19, 2018; and / Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by the Federal Emergency Management Agency (FEMA). She gave a brief background of the NFIP (National Flood Insurance Program) and noted that in order for Tigard to continue its participation in the NFIP, the City must adopt the following by October 19, 2018: 1. Updated Flood Insurance Rate Map 2. Regulations as specified by FEMA Region 10 (STARR II) STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code and amendments with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. APPLICANT PRESENTATION—The City is the applicant. TESTIMONY IN FAVOR—None. TESTIMONY IN OPPOSITION—None. COMMENTS FROM APPLICANT—None PUBLIC HEARING CLOSED DELIBERATION Commissioner Jackson noted that in 18.510.020 parts B7, 8, and 9 on page 18.510-2 and 18.510- 3 the words are completely stricken through each time. He wondered whether staff meant to keep the words "except in" and strike out only "fhe f400d_Ry area"—so the wording would be: 18.510.020 137: "Fences; except in fhe floodway area a water quality sensitive area, etc." 18.510.020 138: Accessory structures that are less than 120 square feet in size; except in+he floodway area a water quality sensitive area, etc.; and 18.510.020 B9 "Land form alterations involving up to 10 cubic yards of material; except in the floodwa y area a water quality sensitive area or vegetated corridor, etc." Agnes looked over the section and said yes, that should be corrected in those three sections; the words "except in" need to stay. They decided to include that in the recommendation to Council. September 17,2018 Page 2 of 7 MOTION Commissioner Roberts made the following motion (restated by President Fitzgerald): "I move the Planning Commission forward a recommendation of approval to City Council of application DCA2018-00002 and adoption of the findings and conditions of approval in the staff report based on the testimony given by staff-with the changes discussed regarding Section 18.510.020 B7 stricken language "except in" will remain in the language, Section 18.510.020 B8 stricken language "except in"will remain in the language, and Section 18.510.020 B9 —"except in"will remain in the language. Commissioner Jackson seconded the motion. VOTE—All in favor—none opposed (6-0). RESULT—Motion to recommend approval passes unanimously. PUBLIC HEARING GAARDE MEADOWS APARTMENTS COMPREHENSIVE PLAN AMENDMENT (CPA) 2018-00002;ZONE CHANGE (ZON) 2018-00003; SITE DEVELOPMENT REVIEW (SDR) 2018-00001;SIGN (SGN) 2018-00023 The applicant requests a Comprehensive Plan Amendment from Medium Density Residential to Medium-High Residential;Zone Change from R-12(PD) to R-23;removal of the Planned Development Overlay, Site Development Review to add 28 apartments in 3 new buildings; and exceptions to the front setback from 20' to 16' and westerly side yard setback from 30' to 24' through TDC 18.780.070A. LOCATION: 10900& 10930 SW Gaarde Street QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias. Conflict of interest: None. Ex-parte contacts: None. Site visitations: Commissioners Whitehurst,Brook, Hu,Jackson, and Roberts. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Project Planner Gary Pagenstecher introduced himself and went over the staff report. Staff reports are available on-line one week before each hearing. He noted that the proposal includes a Zoning Map Amendment from R-12(PD) to R-25. He said there isn't a lot of R-25 in the City so he pulled up an aerial view on the computer to show the commissioners where R-25 areas are located within the city. After going over details of the project, he noted that there had been no new written comments and there didn't appear to be anyone present to testify. September 17,2018 Page 3 of 7 STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of the Comprehensive Plan and Zoning Map Amendments as determined through the public hearing process. Staff further recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of the proposed Site Development Review and Sign Permit, as determined through the public hearing process. APPLICANT'S PRESENTATION Tony Weller, of CES NW for the surveyor, engineer and planner for the project said the property is a little unique in that it is made up of two tax lots—the easterly lot has a single family residence and an existing apartment complex. The westerly lot has just a single-family residence on it right now near the front. That lot takes access on the new Gaarde portion,very close to the curb return. When they were initially looking at just that property alone with the owner - access was a big concern. There weren't many good options;however, because he also owned the parcel next to it,it lent itself to where they landed with the shared access. That was something they worked with staff early on and the most current traffic memo that's in the staff report reflects the current traffic counts and has been recently updated. He said they looked at shared access—the common property line still goes down the center of the two access ways so it allows for them to share maintenance, share access, and each have their own parking. There's a shared stormwater facility in the SW corner. The owner wanted family capable units and not studio units and that's the context of the neighborhood. He said they worked with the Fire Department so that the end of the parking at the very south end of the site is actually to accommodate a fire department turnaround. And regarding the stormwater facility on the site— they tried to make it an amenity to the site and put an overlook and have it well landscaped to make it be a benefit rather than something behind a chained link fence that has uncontrolled weed growth etc. This has all been incorporated into the framework. They looked at building the pedestrian access around the apartment and tied those to the common courtyards and play areas as much as they could to bring that connectivity up to Gaarde. Ralph Tahran, architect for Tahran Architecture and Planning, put up a rendering to show the overall site plan (the commissioners had a copy in their packets). He noted the landscape plan provides good color and variety. The existing 70's era apartment building is very simply structured as many of those were at the time. When they were asked to come in and do this and they looked at the R-25 zoning—they realized they were certainly allowed to go up to three stories but they deliberately kept it to two stories. They did that because they know they're an infill property i.e. they're "slipping in" there, and they want to provide a residential context to it. He said there's a heavy buffer of various tall trees—much taller than their buildings will be; the buildings at the highest point will be 31 feet. He noted the units are 10 to 15% larger than the typical units he designs and that it was a pleasure to work with floor plans that provide a more longer-term living environment. This will be a very family oriented project in that they worked, even on a fairly tight site, to keep some meaningful open space. He said there's a common courtyard that has a play space, a barbecue space, and a large sandbox with park benches that they see as a centralized gathering place. There's even another barbecue area across the way. September 17,2018 Page 4 of 7 There are many amenities for a project of 45 units. Tigard has strict parking requirements—he noted they meet those requirements and added 15% for visitors. He said their parking has 80 spaces - 1.8 parking spaces per unit - 1.5 is more the norm. The parking ratio is good. They have a storm facility at the city's urging and worked to make it an amenity with the landscape that's been done - rather than it just being a weed patch. He said "We will have sloping roofs that relate to the surrounding architectural style. We emphasize different colors so the elevation looks interesting. We can meet the conditions of approval—that's not a problem for us at all." QUESTIONS Are you doing any updates on the existing building? The owner would like us to do some updates, but we're not looking at doing extreme structural changes or additions. It'll be mainly upgrading the interior of the units and maybe some exterior siding improvements. You mentioned that an error had been made on the setback calculations. So—you can meet the front yard setback of 20' and the side rear of 30' instead of the proposed 16... No, those aren't the setbacks that were in error at all. Those are exceptions that we've asked for, we're keeping that. It's mainly instead of having like 8' of separation from the sidewalk to the building,we had something like 7 or 6 '/2 and we can easily meet those. As they come out of the driveway, are people allowed to legally turn left there? I ask because people come flying around that corner. That's what the traffic count was about— the City's specific question was about that left turn movement, and both times it came out that there was room to do that. You can see that corner at least from that driveway location— so it's not a blind corner; and there are not many options—that's just the state of the property. Regarding the existing building—will that be occupied during the construction? Yes. That will be a coordination project. We will stage it so there won't be much impact to the existing residences. On page 3 of the staff report, I'd like to verify that Condition of Approval #10 is actually part of Condition #9—is that correct [they now look like two separate conditions]. Yes, that is an error. Point taken—I will make that adjustment. So there will be a total of 31 conditions instead of 32, correct?Yes, that is correct. Thank you for pointing that out. How tall are the retaining walls? The sidewalk one is not very tall. We could have graded it out but we chose not to do so as not to impact those existing trees that we mentioned along the west property line. Even at the top of the pond, it's three feet. If we need to put a pedestrian rail along the fence,we'll do that along the wall. TESTIMONY IN FAVOR - None TESTIMONY IN OPPOSITION—None PUBLIC HEARING CLOSED September 17,2018 Page 5 of 7 DELIBERATION President Fitzgerald asked the commissioners to weigh in with their thoughts. • Commissioner Whitehurst—appreciates the owner making a priority for family units and though there could have been more, 45 is the actual unit count. It fits the character of the neighborhood. He thinks that along Hwy99 the R-25 zoning is appropriate to the neighborhood. The building height conforms quite well—they didn't go to the maximum height that they could have. He thinks better lighting might help with the safety of the otherwise darker area. He recommends going along with the approval and believes they meet all the criteria and standards. • Commission Brook likes it. She's a little concerned that they may be a little costly but realizes that it's for a larger family unit. She thinks it's a good use of the land. • Commissioner Hu agrees with the others. He's a bit concerned about the traffic on both the old and new Gaarde Street. He's seen close calls there with people going west trying to find Elmer's entrance—crossing over to the oncoming traffic and going too fast. He realizes that's not being considered here for approval but hopes that perhaps the City Council may be able to do something about it when they're considering this. Otherwise, he may talk to the traffic advisory committee to see if there's something that can be done. Overall,however,he sees no reason not to approve this application. • Commissioner Jackson has no problem removing the overlay. The justification for changing the zone seems reasonable. He thinks this is a good development in this area. The two story is a good trade-off. • Commissioner Roberts would like to see it go in. He doesn't see a problem with it at all and agrees with the others. • Commissioner Middaugh has no complaints. He appreciates the building height and keeping within the look and feel of the area there. He also appreciates the stormdrain facility being more of a feature rather than a "weed garden." No concerns. • Commissioner Fitzgerald likes the offer of family apartments—particularly so close to Tigard High where they would likely be in demand. She likes the design, and appreciates them working with this "tricky little lot." She has no problem with anything and likes the package they've put together. Good job! MOTION Commissioner Hu made the following motion: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2018-000002; ZON2018- 00003; SDR2018-00001; and SGN2018-00023 and adoption of the findings and conditions of approval contained in the staff report and based on the testimony received." Commissioner Roberts seconded the motion. VOTE All in favor—none opposed. September 17,2018 Page 6 of 7 RESULT— Recommendation to forward a recommendation of approval to the City Council passes unanimously. BRIEFING PHASE II CODE AMENDMENT PROJECT -- Land Use Procedures Sr. Planner Susan Shanks distributed an additional table to help the commissioners understand what types of housing are allowed in which zones, and the type of application they would be (Exhibit B). She went over a memo dated Sept. 10,2018 point by point regarding Planned Developments and miscellaneous updates (Exhibit C). The memo had been sent to the commissioners the previous week and addressed the questions,concepts and concerns that had come up at the most recent August briefing on this topic.There was good back and forth dialog between the commissioners and staff—exchanging suggestions and ideas. One suggestion that the commissioners especially seemed to like was to have a primer of sorts for new commissioners explaining basic concepts of planning- so they can become knowledgeable and up-to-speed about the various idiosyncrasies of being on the Commission more quickly. Susan noted that she really appreciated the commissioners pointing out any scrivener's errors because "many eyes" can catch things that may be a real problem later on. OTHER BUSINESS -Tom McGuire,Assistant Community Development Director went over the upcoming Planning Commission calendar. ADJOURNMENT President Fitzgerald adjourned the meeting at 9:45 p.m. Doreen Laughli4PZ4on Secretary ATTEST: President Cali a Fi ger d September 17,2018 Page 7 of 7 EXHIBIT A CITY OF TIGAR D Respect and Care Do the Right Thing G e t i t D • Is s FEMA FLOODPLAIN REGULATIONS UPDATE Public Hearing Planning Commission I September 17, 2018 PROPOSED AMENDMENTS: / Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018; and / Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. BACKGROUND ➢ National Flood Insurance Program (NFIP) was established in 1968 through National Flood Insurance Act. ➢ Program allows owners of properties with the Special Flood Hazard Area (SENA) to obtain federally-backed insurance. ➢ NFIP identifies and maps the Nation's floodplain, known as the Flood Insurance Rate Map (FIRM). ➢ FIRM is used to determine local jurisdiction regulations, whether flood insurance is required and the rate. BACKGROUND ➢ Floodplain boundaries are not constant; to account for this FEMA periodically amends the NFIP through updates to the local FIRM and corresponding Flood Insurance Study (FIS). ➢ Local jurisdictions have 6 months to adopt the FIRM and corresponding FIS from the Letter of Final Determination. ➢ This is required for local jurisdiction to participate in the NFIP. BACKGROUND ➢ In 2016, Tigard adopted a new FIS Report, FIRM, and revised regulations. ➢ After the adoption, additional areas within Washington County, but outside of Tigard, were identified for further study. City must adopt these maps as a County effort. ➢ On June 6, City was notified that FEMA is required to review floodplain regulations to ensure that they meet the requirements for participation in the NFIP. BACKGROUND ➢ The proposed amendments are based on the review conducted by FEMA for compliance in order to participate in the NFIP. ➢ The amendment must be adopted by October 19, 2018 in order to remain a participant in the NFIP. Purpose of Amendment ➢ In order for Tigard to continue its participation in the NFIP, the City must adopt the following by October 19, 2018: 1. Updated FIRM 2. Regulations as specified by FEMA Region 10 (STARR II) Questions and Discussion PLEASE SIGN IN HERE TO SPEAK Tigard Planning Commission Agenda Item # Page I of Date of Hearing CaseNumber(s) Case Name &%-11WA "I c,:,i C,r-, Location if you would like to speak on this item, please CLEARLY PRINT your name and address below: Proponent®the Proposal: Opponent GAINS the Proposal: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: I( , S " City of Tigard Planning Commission Agenda MEETING DATE: September 17, 2018 - 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd.,Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. CONSIDER MINUTES 7:04 p.m. 5. PUBLIC HEARING 7:05 p.m. FEMA FLOODPLAIN REGULATIONS UPDATE (STAFF -AGNES LINDOR) DEVELOPMENT CODE AMENDMENT (DCA) 2018-00002 The City of Tigard proposes legislative amendments to the Tigard Development Code (IDC).The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510,Sensitive Lands are required based on this compliance review.The proposed amendments include: 1.Adoption by reference,the updated Flood Insurance Rate Maps dated October 19,2018;and 2.Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. LOCATION: Citywide 6. PUBLIC HEARING 7.15 p.m. GAARDE MEADOWS APARTMENTS (STAFF—GARY PAGENSTECHER) COMPREHENSIVE PLAN AMENDMENT (CPA) 2018-00002;ZONE CHANGE (ZON) 2018-00003; SITE DEVELOPMENT REVIEW (SDR) 2018-00001; SIGN (SGN) 2018-00023 The applicant requests a Comprehensive Plan Amendment from Medium Density Residential to Medium- High Residential; Zone Change from R-12(PD) to R-23;removal of the Planned Development Overlay,Site Development Review to add 28 apartments in 3 new buildings;and exceptions to the front setback from 20' to 16'and westerly side yard setback from 30'to 24'through TDC 18.780.070A. LOCATION: 10900& 10930 SW Gaarde Street 7. BRIEFING 8:15 p.m. PHASE II CODE AMENDMENT PROJECT (STAFF—SUSAN SHANKS) 8. OTHER BUSINESS 9:15 p.m. 9. ADJOURNMENT 9:20:p.m. PLANNING COMMISSION AGENDA— SEPTEMBER 17, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 1 Agenda Item: #S Hearing Date: September 17,2018 Time. 7.-00 PM STAFF REPORT TO THE a PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON ' SECTION I. APPLICATION SUMMARY CASE NAME. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE CASE NO.: Development Code Amendment(DCA) DCA2018-00002 PROPOSAL: The City of Tigard proposes legislative amendments to the Tigard Development Code (IDC).The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review. The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. The proposed text amendments for the Planning Commission's review are included in Attachment 1, and summarized 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 Disasters and Hazards); METRO'S Urban Growth Management Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3, 7.1.7, 7.1.8 and 7.1.9; and Tigard Development Code Chapters 18.710 and 18.795 REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 7 SECTION II. STAFF RECOMMENDATION Staff recommends the Planning Commission find in favor of the proposed development code text amendments (Attachment 1);with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTIONIII. BACKGROUND INFORMATION AND PROJECT SUMMARY Required FEMA Floodplain Regulations Update The purpose of the Required FEMA Floodplain Regulations Update Project is to update the Sensitive Lands Chapter (18.510) with the required Federal Emergency Management Agency (FEMA) requirements and adopt the updated Flood Insurance Rate Maps. A brief summary of the National Flood Insurance Program and the proposed changes is provided below. The National Flood Insurance Program (NFIP) is a federal program that was established in 1968 through the passage of the National Flood Insurance Act and administered by FEMA. The programs allow owners of properties within the Special Flood Hazard Area (SFHA)—also sometimes described as the 100-year floodplain—to obtain federally-backed insurance for their properties in jurisdictions that have adopted land use regulations for development in the floodplain. In addition to providing insurance, the NFIP identifies and maps the Nation's floodplains, known as the Flood Insurance Rate Map (FIRM) which results from a Flood Insurance Study. The FIRM is an official map on which FEMA has delineated both the SFHA and other flood zones within a community. The FIRM is used in determining a jurisdiction's floodplain regulations, whether a property owner is required to obtain flood insurance as well as the insurance rate. Floodplain boundaries do not stay constant but rather undergo change over time due to effects of erosions, development impacts, vegetation removal and other factors. To account for floodplain boundary changes, FEMA periodically adjusts the SFHA maps used by local jurisdictions. The City of Tigard does not conduct floodplain inventories and relies on FEMA for the determination of the SFHA boundary. FEMA periodically amends the regulatory requirement of the NFIP through updates to the local FIRM and a corresponding Flood Insurance Study (FIS) Report. 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 local flood area conditions. In 2016, the City adopted a new FIS Report, FIRM and revised floodplain regulations. Since the adoption in 2016, additional areas within Washington County were identified for further study. All areas that required further study that resulted in map changes are within Washington County, but outside of Tigard. The City of Tigard must adopt the updated maps with the updated date as a countywide effort. The FIRM updates must be adopted and effective within 6 months of FEMA's Letter of Final Determination. On April 19, 2018, FEMA notified the City of Tigard of the final flood elevation determinations on the FIRM for properties in the City of Tigard within the SFHA. The letter also stated that no significant changes were made to the flood hazard data on the preliminary maps within the City of Tigard. On June 6, 2018, the City was notified that FEMA Region 10 is required to review the current floodplain to ensure it meets the requirements for participation in the National Flood Insurance Program. FEMA hired a consulting firm, STARR II, to assist in the review process. The City received FEMA's review comments on July 30, 2018,which identified additional changes pertaining to floodplain regulation, not identified by FEMA through the last update in 2016. These changes are proposed in Attachment 1. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 7 FEMA requires that this ordinance with the proposed text amendments to TDC 18.510 and updated Flood Insurance Rate Maps be adopted and in effect by October 19, 2018 in order for the City of Tigard to remain a participant in NFIP. Proposed Amendments Amend the Tigard Development Code Definitions (IDC 18.30) and Sensitive Lands Chapter (IDC 18.510) as proposed: o Text Amendments to Chapter 18.30 (Definitions) to establish a new definition for "Flood"; o Text Amendments to Chapter 18.510 (Sensitive Lands) to add new definitions for "Basement", "Elevated Building", "Manufactured Home Park or Subdivision", and "Substantial Improvement"; o Text Amendments to Chapter 18.510 (Sensitive Lands) to amend the date of the updated Flood Insurance Study and accompanying Flood Insurance Rate Map dated October 19, 2018; o Text Amendments to Chapter 18.510 (Sensitive Lands) to amend regulations for the manufactured homes;and o Text Amendments to Chapter 18.775 (Sensitive Lands) to include requirements for notifying FEMA of new technical data. SECTIONIV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable Statewide Goals are addressed below. Statewide Planning Goal 1 - Citizen Involvement. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested arties list. A notice was published in the Tigard Times newspaper on August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This goal is satisfied. Statewide Planning Goal 2 -Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment. This goal is satisfied. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 7 Statewide Planning Goal 7-Areas Subject to Natural Disaster: This goal requires jurisdictions to protect development in places subject to natural hazards. FINDING: The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendments create a land use control that will buffer land uses and protect development in places subject to natural hazards. Consistency with the City's Hazard goals and policies are discussed later in this report under applicable policies of the Tigard Comprehensive Plan.This goal is satisfied. CONCLUSION: Based on the findings above and the related findin s below, staff finds the Mroposed code amendments are consistent with applicable Statewide anning Goals. METRO'S URBAN GR 0 WTH MANA GEMENT 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. Because the proposed Code Amendments have a limited scope and the text amendments address only some of the topics in the METRO'S Urban Growth Management Functional Plan, only applicable Tides 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 amendment will adopt the newly updated FEMA Flood Insurance Rate Maps,which will allow the City to continue to participate in the National Flood Insurance Program. The proposed floodplain regulation relating to manufactured homes will provide protection for development located within natural flood hazard areas. The proposed amendment also includes updated terminology consistent with state and federal laws. This title is satisfied. Title 8- Compliance Procedures: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This title is satisfied. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. 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 Comprehensive Plan Goals and Policies. Because the Development Code Amendments have a limited scope and the text REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 7 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 Development Code notice requirements set forth in Section 18.710.110. Notices were sent by US Postal Service on August 23, 2018 to affected government agencies and the latest version of the City's interested parties list. A notice was published in the Tigard Times newspaper August 30, 2018. Project information and documents were published to the City website prior to the public hearing. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. This policy is met. Comprehensive Plan Goal 2:Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.13: 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 affected agencies and were invited to comment on the proposal and 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 amendment includes the adoption of FEMA's Flood Insurance Rate Maps, which will maintain the City's participation in the National Flood Insurance Program and protect the public welfare for properties located within the SFHA. This policy is satisfied. Comprehensive Plan Goal 7.•Hazards 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 adopt the newly updated FEMA Flood Insurance Rate Maps, update definitions consistent with federal law, amend regulations for manufactured homes and provide requirements for notifying FEMA with new technical information. These proposed amendments are consistent with state and federal laws. This policy is satisfied. Policy 7.1.8: The City shall prohibit any land form alterations or developments in the 100- yearfloodplain loodplain whicb would result in any rise in elevation of the 100 year f loodplain. FINDING: The proposed amendments adopt the recently updated FEMA Flood Insurance Rate Maps and regulations-for development within the SF1 A ensuring that development will not result in any rise in elevation of the 100-year floodplain. This policy is satisfied. REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 7 Poli 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: AA The streani Zow capacity of the zero foot rase 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 proposed amendments adopt the newly updated FEMA Flood Insurance Rate Maps and regulations for development within the SFHA ensuring that development will not be detrimental to the floodplain. This policy is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE 18.795:Map and Text Amendments 18.795.020 Legislative Amendments A. Legislative amendments shall be processed through a Legislative procedure, as provided in Section 18.710.110 FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed underthe Legislative procedure. This procedure requires public hearings by both the Planning Commission and City Council. This standard is satisfied. B. Approval considerations. A recommendation or a decision for a legislative amendment may be based on consideration otvised he applicable legal requirements. They may, but do not necessarily include: Oregon Statues, Oregon Administrative 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 listed criteria on which the recommendation by the Commission and the decision by the Council shall be based. This standard is satisfied. CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is consistent with applicable provisions of the Tigard Development Code. SUMMARY CONCLUSION. As shown in the findings above, staff concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; METRO's Urban Growth Management Functional Plan; applicable Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS City of Portland, City of Beaverton, City of Durham, Cityy of Lake Osweggo, City of Tualatin, Ci of King City, Washington County,METRO, ODO7', DLCD, DL(Q, ODM, OR Dept. o Geo. & Mineral Ind., CWS, Tri-Met, Comcast, Frontier, NW Natural, PGE, TTSD, F6R, and Pride Disposal were notified of the proposed code text amendment but provided no comment. City of Tualatin provided comments stating they have reviewed the proposal and have no REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 7 objections to it. SECTION VI. PUBLIC COMMENTS The City had not received any public comments at the time this report was written. ATTACHMENTS. Attachments: 1. Draft Text Amendments Zf` •'Lt% c September 6.2018 PREPARED BY) Agnes Lindor DATE Associate Planner September 6. 2018 APPROVED BY: Tom McGuire DATE Assistant Community Development Director REQUIRED FEMA FLOODPLAIN REGULATIONS UPDATE DCA2018-00002 9/17/2018 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 7 Attachment 1 Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-A general and temporary condition of partial or complete inundation of nonnally 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. 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" - 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 area 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/A1-30, ARAE, AR/AO, AR/AH, AR/A,VO,V1-30,VE,and V.Also referred to as the"100-year floodplain." Attachment I THIS PAGE LEFT INTENTIONALLY BLANK Attachment 1 Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 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. 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) 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: Sensitive Lands 18.510-1 Proposed Amendment Attachment 1 1. The special flood hazard area 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; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outright permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.1), F, and G of this section, the following uses are outright permitted 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"shall exclude: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 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 the flood ay area,,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. Sensitive Lands 18.510-2 Code 1,0datee 247PronosedAmendment Attachment 1 8. Accessory structures that are less than 120 square feet in size; ,,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; e*eept in the fleed.,ay area 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met,including sensitive land reviews for areas within the special flood hazard area,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 area (excluding the floodwa , drainageway, slopes that are 25 percent or greater, and unstable ground shall be processed through a Type I procedure,as provided in Section 18.710.050,for the following actions: a. The installatien of ptiblie suppei4 faeili6es shall be subjeet to eemplianee with all of the standar-ds ill this ehapter--; 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. Actions within the special flood hazard area: i. The construction of accessory structures up to 528 square feet in size;and ii. Any land formations involving up to 50 cubic vards of material. Sensitive Lands 18.510-3 Proposed Amendment Attachment 1 13. 414inim-a1—g fund distil- anees or- land€ofm alter-atie is involving 10 to 50 eebie yards e fnatefial, e*eept in the fleedway area, for-leffid that is within publie easements and rights of way shall be subjeet to eempliaffee with all A-f-dwe standands in this eh Pter; c. Actions within drainageways and slopes that are 25 percent or greater,and unstable ground: E i. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material, standar-ds i this ehapte..; and ii._ Building pen-nits for accessory structures that are 120 to 528 square feet in size. ibjeet to ..lian,.ewith all eftl,e st,...da-r-dis in this el apk-,.. i, except-in- ke €leedway area; „rthp, �t l . ls in this 1, pte g. Maintenanee of fleedway&ieluding r-e ehanneling;within speeial fleed hazard areas, shall be with all efthe-Stand-ar-d-s-in this ehapter-; i. The eenstmetion of aeeesser-y stFuetures that afe less than 120 square feet withili spe6ial fIE)6d hazafd areas shall be s*eet to eemplianee with all ef the standards in this ehapter-; 2. The approval authority shall 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" shall be processed through a Type I1 procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)or land form alterations involving more than 50 cubic yards of material; Sensitive Lands 18.510-4Proposed Amendment Attachment 1 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,etitside f4eedway areas. 2. The approval authority shall 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 areas shall by processed through a Type III-HO procedure,as provided in Section 18.710.070,for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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 shall 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. 1. 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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"shall 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. Sensitive Lands 18.510-5 Code '2 7Pronosed Amendment Attachment 1 B. Alteration or relocation of water course. 1. The director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. D. Elevation and floodproofing certification.The approval authority shall 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: 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 shall maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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,.r,..,embe.^,�� 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 18.510.040.13,the approval authority shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal,state or other source,in order to administer Subsections 18.510.040.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 shall 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 Sensitive Lands 18.510-6 Code UI gdate: 24-7froposed Amendment Attachment 1 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,shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damaize. All new construction and substantial improvements, including manufactured homes,shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical,heating, ventilation,plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as 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 shall be designed to minimize or eliminate infiltration of floodwater into the system. I. Anchorins. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. J. Sanitary sewerase systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site wasteter disposal systems. On-site wastetef disposal systems shall 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,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shall 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 18.510-7 Code L 9�te: ""'Proposed Amendment Attachment 1 M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting 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 provisions of this subsection based on their development or review of the structural design, specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2;and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2.Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g.,a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas,electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage;and 4. For subdivisions or partitions 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 shall 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, 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. Sensitive Lands 18.510-8 Code "fir'z'-'Proposed A»iendment Attachment 1 P. Critical facilities. Construction of new critical facilities shall be,to the extent possible,located outside of the limits of the special flood hazard area.Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions.The following definitions are only applicable to this section: 1. Basement-Any area of the building having its floor subgrade(below ground level)on all sides. 2_Z DEVELOPMENT Developmentmeans=eAny 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. 4 r FLOOD n rci ro n,.rr�D TL r r DFlood Insurance Rate Map(FIRM)means an-The official map of a community,on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). 5_3 FLOOD 1NS P AjGE STi DYFlood Insurance Study (FIS) means - O'he 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_4. .�' T OORLowest 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 Section 60.3. 7_3 MANUFACTURED 140MEManufactured Home-fealis aA 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_6 NEW GONSTRUCTIONNew Construction - ffeans,—:or the purposes of determining insurance rates,structures for which the"start of construction"commenced on or after the effective Sensitive Lands 18.510-9 Proposed Anrer:dn�er:t Attachment 1 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. 7. REGRBATIONA L VEI4I£ERecreational Vehicle -meaH&-&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 8 START UT nF CON STR CTIGINStart of Construction-41ncludes substantial improvement,and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,placement or other improvement was within 180 days of the permit date.The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets 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. 12. 9-.---StructurecTRUCTUR- €For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as 13. 4-0—Substantial DamageUBST^,.TTI^r DAMAGE means dDamage 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. 14. 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 either: 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 assure safe living conditions or i-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. 44—ViolationlO ^TION means_ tThe failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance Sensitive Lands 18.510-10 Code[,O teo 124-7Proposed Amendment Attachment 1 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 shall not in any way impairs 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 shall control. (Ord. 17-22 §2) 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). 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. 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. 17-22 §2) 18.510.060 Lapse of Approval A. Lapse of approval.Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: 1. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period;and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (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, shall obtain approval in certain situations. Depending on the nature and intensity of the Sensitive Lands 18.510-11 Proposed Amendment Attachment 1 proposed activity within a sensitive area,either a Type Il 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 area. The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area 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/bicycle pathway in compliance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrian/bicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained;and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian/bicycle pathway plan. C. With steep slopes.The approval authority shall 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; Sensitive Lands 18.510-12 Code "gdafe. ""'Proposed Amendment Attachment 1 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/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drainageways. The approval authority shall 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; 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 Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands.The approval authority shall 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; Sensitive Lands 18.510-13 Code i',a.m 14-7 Dosed Ante�tdnte�tt Attachment 1 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 area 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520,Urban Forestry,shall be met; 9. Physical limitations and natural hazards,special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (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/approved in compliance with Section 18.510.120. 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 18.510.120. 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. Sensitive Lands 18.510-14 Code bod-atee ""'Proposed Amendment Attachment 1 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 18.510.120. 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 of the standard width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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 18.5 10.080.B.I and 2; ISensitive Lands 18.510-15 Code 6�gdateT2TProposed Amendment 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. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter.The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit'or "moderately limit"on the City of Tigard"Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover,minimizing excavation and minimizing impervious surface area on buildable land; 3. Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor,significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required,including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions Sensitive Lands 18.510-16 Code Update, froyosedAnt endinent Attachment 1 A. Density transfer.Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized.The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet 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 adjustment shall be processed through a Type II procedure. The approval authority shall approve, approve with conditions or deny the adjustment 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. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type II procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone,and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 Plan Amendment Option Sensitive Lands 18.510-17 Code&�9a tee "V"Pronosed Amettd�nent Attachment 1 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 18.795,Map and Text Amendments.This amendment shall 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 shall be addressed separately through an alternatives analysis,as described in Section 3.02.5 of the CWS"Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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 shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of change. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title. (Ord. 17-22 §2) 18.510130 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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; Sensitive Lands 18.510-18 Code b , te- r 14-7 ft dosed Amendinent Attachment 1 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 area, 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 shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.130.B. B. Applicants who believe that the map is inaccurate shall 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 area 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 shall 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. i. Vegetative cover status shall 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 shall 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. Ow 07, Aw , . Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,meadow, or open soils croplands,or areas of open soils located within 300 feet of a surface stream(low structure vegetation areas may include areas of shrub Sensitive Lands 18.510-19 Fede bid 4-7fMyosed Amendment Attachment 1 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. Sensitive Lands 18.510-20 Code "~a~'e: ""'Proposed Amendment Attachment 1 lEee 1 �A W4 MA tased Surface streams 0-50 Class II Class I Class I Class I 50-100 Class Il [2] Class I Class I 100-150 Class Il[2]if slope>25 Class II[2]if slope> Class II[2] percent 25 percent 150-200 Class II[2]if slope>25 Class II[2]if slope> Class II[2]if slope> percent 25 percent 25 percent Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class lI[2] lClass I Class I 100-150 1 1 Class II[2] Flood Areas(Undeveloped portion of flood area is a Class I Riparian Area) 0-100 1 1 TCIass II[2] 1 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,shall 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. 77,7 xx Class I&II Riparian Inside Moderately Limit Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor 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 I Lightly Limit Sensitive Lands 18.510-21 Code L 9 ^tei 4411-7Proyosed Amendment 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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.510-22 Code "~date: 24-WroposedAmendinent REQUEST FOR COMMENTS CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 16, 2018 TO: PER ATTACHED FROM: C4 of Tigard Planning Division STAFF CONTACT: Agnes Lindor,Associate Planner Phone: (503)718-2429 E-Mail:Agneslf,&tigard-or.gov FEMA FLOODPLAIN REGULATIONS UPDATE- DEVELOPMENT CODE AMENDMENT (DCA)2018-00002 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (IDC). Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review.The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510,Sensitive Lands,as required by FEMA. LOCATION:Citywide.ZONE:All zones.APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 7(Areas subject to Natural Disasters and Hazards), METRO's Urban Growth Management Functional Plan Title 3 and 8;Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3,2.1.11,7.1.7,7.1.8,7.1.9;and Tigard Development Code Chapters 18.710 and 18.795. Attached are the Proposed Amendments for your review. If you wish to comment on this application, WE NEED CQhf_WMS BACK BY.THURSDAY AUGUST.30.2018, You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS: FILE NAME: DCA2018-00002 FEMA Update Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director EMAIL CD/Sr.Transportation Planner(electronic cop CD/SRTS Coordinator City Administration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) e"I p,�,p Development Services/Development Eng.Khoi Le(Copy on all Notices of Decision) Building Division/Mark VanDomelen,Building Official Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) Public Works/John Goodrich EMAIL Engineering/Oscar Contreras(Addressing-ONLY electronic copy-Full size plan set) Hearings Officer(2 sets) Planning Commission(10 sets) City Attorney File/Reference(2 sets) LOCAL AND STATE JURISDICTIONS 1 City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* 1 City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* 1 City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* 1 City of King City City Manager,15300 SW 116th Ave,King City OR 97224* 1 City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* 1 City of Portland,Planning Bureau Director,1900 SW 4th Ave,Suite 4100,Portland OR 97201 1 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center(ZCA- Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr.Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179(Notify if ODOT R/R-Hwy Crossing is only access to land). EMAIL ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209* Email:Regionl_DEVREV_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Attn:Realty Specialist Jim Clark,2715 Tepper Lane NE,Keizer,OR 97303 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) 1 OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) 1 OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District,18330 NW Sauvie Island Road,Portland OR 97231 1 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37)-See DLCD website for online submittal procedures. ONLINE OR Division of State Lands,Melinda Wood(WLUN Form Required). ONLINE submission. OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 hCommunity DevelopmentIong Range Planning12018-FEMA Floodplain Regulations Update(DCA2018-00002)1Legislative Process\Agency Request for Comments\Request for CoftMnt2Qdt8N1dvlist Page 1 of 2 CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE COMMUNITY DEVELOPMENT APPLICATIONS EMAIL US Army Corps of Engineers(Maps and CWS letter only)File size<10MB email to PordandPerrnits@usace.army.mil File size >10MB upload to https://safe.amrdec.army.mil/safe/ EMAIL WCCCA 9-1-1,Ian Crawford,17911 NW Evergreen Pkwy,Beaverton,OR 97006(preliminary plats-subdivisions for street naming/numbering.Email:icrawford@wccca.com) Washington County Consolidated Communications Agency(WCCCA) "911",Kelly Dutra,17911 NW Evergreen Pkwy,Beaverton, OR 97006 (monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123-5625 1 (general apps)* Washington County,Cartography,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA Final Notice ONLY)* Washington County Principal Planner,Community Planning,Dept of Land Use&Trans,Planning and Development Services,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,ATTN:Current Planning,155 N First Ave,Suite 350,MS 13,Hillsboro OR 97124 (ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Samantha Ridderbusch,Local Government Affairs Director,310 SW Park Ave,11th Floor,Portland OR 97205 Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy,Hillsboro 1 OR 97123* 1 Comcast Cable Corp.,Gerald Backhaus,14200 SW Brigadoon Court,Beaverton OR 97005(See map for area contact) EMAIL Frontier Communications Email:BeavertonEngineering@ftr.com and Juha.Smith@ftr.com. NW Natural Gas,ATTN:Annexation Coordinator,220 NW 2nd Ave,Portland,OR 97209(Annexations only) 1 NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 Oregon Health Authority(OHA),Oregon Medical Marijuana Program,PO Box 14450,Portland,OR 97293-0450 Oregon Liquor Control Commission(OLCC),Recreational Marijuana Program,Attn:Amanda Borup,PO Box 22297,Milwaukie, OR 97269-2297 1 Portland General Electric,Service and Design Project Manager,2213 SW 153rd Drive,Beaverton OR 97003 Portland&Western Railroad,Inc. (Burlington,Northern/Sante Fe R/R predecessor),Kirk Bedford,General Manager,3220 State Street,Suite 200,Salem,OR 97301 EMAIL Pride Disposal Company-copy on ALL Notices(kristinl@pridedisposaLcom) 1 Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* 1 Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* EMAIL Tualatin Valley Water District,Administrative Offic.Email:ryan.smith@tvwd.org and sarah.alton@tvwd.org Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1 st Ave#300,Portland,OR 97201 (If project is within 1/4 1 mile of a transit route) Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dix is Brock Nelson,503- 1249-3079) *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please see Joe or Doreen if you need updates to it.Thank you. hCommunity Development\Long Range Planning\2018-FEMA Floodplain Regulations Update(DCA2018-00002)\Legislative Process\Agency Requestfor Comments\Requestfor C0R1t316nt3Qat At1uist Page 2 of 2 Agnes Lindor From: Agnes Lindor Sent: Thursday, August 16, 2018 11:30 AM To: Khoi Le; Mark VanDomelen;Jim Wolf,John Goodrich; Region 1 DEVREV Applications; 'Beaverton Engineering@ftr.com'; julia.smith@ftr.com'; 'Kristin Leichner'; 'ryan.smith@tvwd.org'; 'sarah.alton@tvwd.org' Subject: DCA2018-00002 Request for Comments Attachments: 18.30 Definitions.pdf, Request for Comments.pdf, 18.510 Senstive Lands.pdf -FEMA FLOODPLAIN REGULATIONS UPDATE- DEVELOPMENT CODE AMENDMENT (DCA)2018-00002 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review.The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018; and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510,Sensitive Lands, as required by FEMA. LOCATION: Citywide. ZONE: All zones. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 7(Areas subject to Natural Disasters and Hazards), METRO's Urban Growth Management Functional Plan Title 3 and 8; Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3,2.1.11, 7.1.7, 7.1.8,7.1.9;and Tigard Development Code Chapters 18.710 and 18.795. Attached are the Proposed Amendments for your review. If you wish to comment on this application, WE YOUR COMMENTS RACK BY,• THURSDAY AUQUST 39 2918 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Agnes Lindor I Associate Planner City of Tigard I Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Phone: 503.718.2429 Email:AgnesL(@tigard-or.gov 1 Excerpt from 18.30,Definitions 18.30.020.A Definitions 70. Flood-related definitions: a. "Base flood" - The 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"-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 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" - 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 area 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/A1-30, ARAE, AR/AO, AR/AH, AR/A,VO,V1-30,VE, and V. Also referred to as the"100-year floodplain." Chapter 18.510 SENSITIVE LANDS Sections: 18.510.010 Purpose 18.510.020 Applicability 18.510.030 Administrative Provisions 18.510.040 General Provisions for Special Flood Hazard Areas 18.510.050 General Provisions for Wetlands 18.510.060 Lapse of Approval 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 Adjustments to Base Zone Standards 18.510.100 Density Transfer and Reductions 18.510.110 Variances to Section 18.510.080 Standards 18.510.120 Plan Amendment Option 18.510.130 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 pro g am. The regulations of this chapter 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 1'devembter4,i0160ctober 19, 2018,zero-foot rise floodway elevation. 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) 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: Sensitive Lands 18.510-1 Code Update:12117 1. The special flood hazard area 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; and 5. Significant fish and wildlife habitat areas designated on the City of Tigard "Significant Habitat Areas Map."(Ord. 17-22 §2) 18.510.020 Applicability A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection permit from CWS in compliance with its design and construction standards. B. Outright permitted uses with no approval required. Except as provided below and by Subsections 18.510.020.1), F, and G of this section, the following uses are outright permitted 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"shall exclude: 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 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 the flood,ay area--,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. Sensitive Lands 18.510-2 Code Update.12117 8. Accessory structures that are less than 120 square feet in size;exeeYt in the fleaaway area-, 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; exeept i-i the flood•.ay aro, 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 shall be 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 special flood hazard areas when meeting the definition of development in paragraph 18.510.040.R.1; 3. Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects, except in special flood hazard areas when meeting the definition of development in paragraph 18.510.040.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 shall require that all necessary approvals from other agencies are obtained. All other applicable city requirements shall be met, including sensitive land reviews for areas within the special flood hazard area, 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 area (excluding the floodwa , drainageway, slopes that are 25 percent or greater, and unstable ground shall be processed through a Type I procedure,as provided in Section 18.710.050,for the following actions: a. The installation of public support facilities shall be subject to compliance with all of the standards in this chapter; b. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material, exeeYt in the fl,.^,away , _for land that is within public easements and rights-of- way shall be subject to compliance with all of the standards in this chapter; c. Minimal ground disturbances or landform alterations involving 10 to 50 cubic yards of material, exeept in the fleedway a shall be subject to compliance with all of the standards in this chapter; Sensitive Lands 18.510-3 Code Update:12117 d. 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 provided no development occurs in the floodway shall be subject to compliance with all of the standards in this chapter; I e. Building permits for accessory structures that are 120 to 528 square feet in sizei, *eept ~ '' fleedway area; f. Paving on private property,exeept:o the flead ay aro shall be subject to compliance with all of the standards in this chapter; g. Maintenance of floodway excluding re-channeling, within speeial need hazard areas, shall be subject to compliance with all of the standards in this chapter; h. Within the special flood hazard area: The 00fistfuetion of fenees within speeial flood hazafd areas shall be subjeet to eemplianee widi all of the standards in this ehapter-; I i. The construction of accessory structures that are les than "n 1 to 528 square feet within spee al flood hazard areas be subject to compliance with all of the standards in this chapter; and I ii. Any land formations involving up to 4-50 cubic yards of material within speeiar'^^a h^za�shall be subject to compliance with all of the standards in this chapter. 2. The approval authority shall 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" shall be processed through a Type II procedure,as provided in Section 18.710.060 for the following actions: a. Ground disturbance(s)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 shall approve, approve with conditions,or deny a sensitive lands review application using the approval criteria provided in Section 18.510.070. Sensitive Lands 18.510-4 Code Update:12117 G. Sensitive lands approvals issued by the hearings officer. 1. Sensitive land reviews within special flood hazard areas shall by processed through a Type III-HO procedure, as provided in Section 18.710.070, for the following actions: a. Ground disturbance(s)or landform alterations in all floodway areas; b. Ground disturbance(s)or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; 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 shall 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. 17-22 §2) 18.510.030 Administrative Provisions A. Interagency coordination. The approval authority shall review all applications for a sensitive lands review to determine that all necessary approvals shall 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"shall 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 shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Applicable standards and criteria.The approval authority shall apply the standards and criteria provided in this chapter when reviewing an application for a sensitive lands review. Sensitive Lands 18.510-5 Code Update:12117 D. Elevation and floodproofing certification. The approval authority shall 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 building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures,the building official shall: 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 shall maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 17-22 §2) 18.510.040 General Provisions for Special Flood Hazard Areas A. Review. The approval authority shall 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 rr,,ye ff bo n 'n' 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 18.510.040.13, the approval authority shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source,in order to administer Subsections 18.510.040.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 shall 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 damaize.All new construction and substantial improvements,including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage. F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage. G. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Sensitive Lands 18.510-6 Code Update:12117 H. Water supply systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. I. Anchorins. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. J. Sanitary sewerage_systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site wasteter disposal systems. On-site wasteter disposal systems shall 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,shall 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 shall 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 shall either be certified by a registered professional engineer or architect, or shall 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 area subject to flooding shall be provided; b. The bottom of all openings shall 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. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent 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 M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation,or together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; Sensitive Lands 18.510-7 Code Update:12117 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 provisions of this subsection based on their development or review of the structural design, specifications and plans. Such certifications shall be provided to the building official as provided in 18.510.030.E.2; and 4. Nonresidential structures that are elevated, not floodproofed, shall meet the same standards for space below the lowest floor as described in Paragraph 18.510.040.L.2. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level(e.g., a 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 shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions 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 shall 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, 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 shall be,to the extent possible,located outside of the limits of the special flood hazard area.Construction of new critical facilities shall be permissible within the special flood hazard area if no feasible alternative site is available. Critical facilities constructed within the special flood hazard area shall 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 shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Sensitive Lands 18.510-8 Code Update:12117 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 shall in no way affect the validity of the remaining portions of this chapter. R. Definitions.The following definitions are only applicable to this section: 1. Basement-Any area of the building having its floor sub grade(below ground level)on all sides. 2_, DEVEWPMET�4 Developmentmeans -aAny 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 puiposed, 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. 4. -2. FLOOD NSURA-NGE RATE M A 42 lood Insurance Rate Map (FIRM)means an e - Official map of a community,on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). 5`3 FLOOD PrSURANGE—&T14)Wlood Insurance Stu (FIS) meafts - tThe 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`e LOWEST—F170QRLowest Floor - meaa+4The 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 Section 60.3. 7`? MANLTACTU RED 140MEManufactured Home-means-aA 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. 6. NEW GONSTRUCTIONNew Construction - meas, 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. 7. Iry EATION AL 3.1041GLERecreational Vehicle -means-aA 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 Sensitive Lands 18.510-9 Code Update:12117 primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. 11 9. START nT OF CONSTR r TIONStart of Construction-41ncludes substantial improvement,and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction,placement or other improvement was within 180 days of the permit date.The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading and filling;nor does it include the installation of streets 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. 12. 9---StructurecTRAXTr4mE r ec o_€For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well manufaetured i eme 13. 4-0—Substantial DamageUBST NTL n r DAMAGE means -dDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement -Any reconstruction rehabilitation addition or other improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure either: 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 assure safe living conditions or iii 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'. 14. 44—. ViolationIO n FIOrT tThe failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development 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 shall not in any way impairs 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 shall control. (Ord. 17-22 §2) Sensitive Lands 18.510-10 Code Update:12117 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). 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, 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. 17-22 §2) 18.510.060 Lapse of Approval A. Lapse of approval. Approval of a sensitive lands review shall lapse if: 1. Substantial construction of the approved plan has not begun within a 1.5 year period; or 2. Construction on the site is a departure from the approved plan. B. Extensions.The director shall,upon written request by the applicant,grant an extension of the approval period not to exceed 1 year,provided that: I. No changes are made on the original plan as approved; 2. The applicant can show intent of initiating construction of the site within the 1-year extension period;and 3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. (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, shall obtain approval in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area,either a Type 11 or Type III review is required,as provided in Subsections 18.510,020.E and G.The approval criteria for different types of sensitive areas are provided in Subsections 18.510.070.13—E. B. Within the special flood hazard area. The approval authority shall approve or approve with conditions an application for sensitive lands review within the special flood hazard area when all of the following criteria are met: 1. Compliance with all of the applicable requirements of this title; Sensitive Lands 18.510-11 Code Update:12117 2. Land form alterations shall preserve or enhance the special flood hazard area storage function and maintenance of the zero-foot rise floodway shall 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 area shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community service uses,utilities,or public support facilities shall be allowed on residentially zoned properties subject to applicable zoning standards; 4. Where a land form alteration or development is permitted to occur within the special flood hazard area it will not result in any increase in the water surface elevation of the 100-year flood; S. The land form alteration or development plan includes a pedestrian/bicycle pathway in compliance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed as untimely; 6. Pedestrianibicycle pathway projects within the special flood hazard area shall include a wildlife habitat assessment that shows the proposed 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 shall be obtained; and 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrianibicycle pathway plan. C. With steep slopes.The approval authority shall 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: Sensitive Lands 18.510-12 Code Update.12117 wet/high water table; high shrink-swell capability; compressible/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 Chapter 18.320,Landscaping and Screening. D. Within drainageways. The approval authority shall 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; 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 Chapter 18.320, Landscaping and Screening; 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 shall be obtained; 8. Where land form alterations or development are allowed within and adjacent to the special flood hazard area,the city shall require the consideration of dedication of sufficient open land area within and adjacent to the special flood hazard area in compliance with the comprehensive plan.This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the special flood hazard area in compliance with the adopted pedestrian bicycle pathway plan. E. Within wetlands.The approval authority shall 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 area 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; Sensitive Lands 18.510-13 Code Update: 72117 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 shall be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in compliance with Chapter 18.320,Landscaping and Screening; 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 shall be obtained; 8. The provisions of Chapter 18.520,Urban Forestry, shall be met; 9. Physical limitations and natural hazards, special flood hazard area and wetlands,natural areas,and parks, recreation and open space policies of the comprehensive plan have been met. (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/approved in compliance with Section 18.510.120. 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 18.510.120. 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 18.510.120. 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 of the standard Sensitive Lands 18.5-10-14 Code Update. 12117 width,unless wider in compliance with CWS"Design and Construction Standards,"or modified in compliance with Section 18.510.120. 4. The determination of corridor condition shall be 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/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; 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. 17-22 §2) 18.510.090 Adjustments to Base Zone Standards Sensitive Lands 18.510-15 Code Update:12117 A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to further the purpose of this chapter.The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. The approval authority may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed through a Type II procedure,as provided in Section 18.710.060,when development is proposed within or adjacent to the vegetated corridor area or within or adjacent to areas designated as"strictly limit"or "moderately limit" on the City of Tigard "Significant Habitat Areas Map."Verification of significant habitat boundaries shall be done in compliance with the procedures provided in Section 18.510.130. The approval authority shall approve or approve with conditions adjustments when all the following are met: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource,riparian setback area or water quality buffer; 2. Explicit consideration has been given to maximizing vegetative cover,minimizing excavation and minimizing impervious surface area on buildable land; 3. Design options have been considered to reduce the impacts of development, including, but not limited to, multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas, minimizing hydrologic impacts and garage space; 4. In no case shall the impervious surface area as a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of a vegetated corridor area; 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the vegetated corridor area; 6. Protected vegetated corridor, significant habitat areas and adjacent buffer areas shall be: a. Placed in a non-buildable tract or protected with a restrictive easement; b. Restoration and enhancement of habitat and buffer areas required, including monitoring for 5 years. (Ord. 17-22 §2) 18.510.100 Density Transfer and Reductions A. Density transfer. Density may be transferred from vegetated corridor areas as provided in Sections 18.40.020 and 18.110.040. B. Density reduction.The minimum number of units required by Chapter 18.110,Residential Zones, may be waived if necessary to ensure that impacts on habitat areas are minimized.The amount of reduction in the minimum density shall be calculated by subtracting the number of square feet of inventoried significant habitat that is permanently protected from the total number of square feet used to calculate the minimum density requirement. The approval authority may impose any reasonable Sensitive Lands 18.510-16 Code Update:12117 condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. The adjustment shall be processed through a Type 11 procedure.The approval authority shall approve, approve with conditions or deny the adjustment 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 casement. (Ord. 17-22 §2) 18.510.110 Variances to Section 18.510.080 Standards A. Approval process. Applications for variances from dimensional provisions of this chapter shall be processed through a Type H procedure,as provided in Section 18.710.060,using the criteria in Chapter 18.790,Variances and Adjustments. B. Additional criteria. In addition to the variance criteria in Chapter 18.790,Variances and Adjustments, all the following additional criteria shall be met to grant a variance to any dimensional standard of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject property,which is owned by the applicant,and was not created after the effective date of this chapter; 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the base zone, and for which the applicant has submitted a formal application; 3. The applicant has exhausted all options available under this chapter to relieve the hardship; 4. Based on review of all required studies identical to those described in Section 3.02.5.c Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards," the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality; 5. Based on review of all required studies identical to those described in Section 3.02.5 of the CWS "Design and Construction Standards,"no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a square foot for square foot basis,by native vegetation. (Ord. 17-22 §2) 18.510.120 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 18.795,Map and Text Amendments.This amendment shall 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 shall be addressed separately through an alternatives analysis,as described in Section Sensitive Lands 18.510-17 Code Update. 12117 3.02.5 of the CWS"Design and Construction Standards."The applicant shall 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 shall 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 shall 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 shall 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 shall 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 shall be incorporated by reference into the Tigard Comprehensive Plan,and the"Tigard Wetland and Stream Corridor Map"shall be amended to remove the site from the inventory. C. Demonstration of chance. In this case,the applicant shall demonstrate that the sensitive area site(s)no longer meet(s)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. In considering this claim, the city council shall determine that the decline in identified resource values did not result from a violation of this title.(Ord. 17-22 §2) 18.510.130 Significant Habitat Areas Map Verification Procedures A. Applicants who concur that the significant habitat areas map is accurate shall 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 area, 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. Sensitive Lands 18.510-18 Code Update. 12117 2. The approval authority's decision shall 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 shall be verified by the applicant in compliance with the detailed delineation methodology outlined in Subsection 18.510.130.13. B. Applicants who believe that the map is inaccurate shall 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 11 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 area 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 shall 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. i. Vegetative cover status shall 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 shall 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. 'Fable 18.510.1 Definiti DQ'fi111�011, of Low structure vegetation Areas that are part of a contiguous area 1 acre or larger of grass,in or open soils 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. Sensitive Lands 18.510-19 Code Update:12117 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. Sensitive Lands 18.510-20 Code Update:12117 Table 18.510.2 Method for Locating Boundaries of Class I and 11 Riparian Areas Distance DevelopmentJVegetation Status[i] in feet from Developed areas Woody vegetation water not providing Low structure vegetation (shrub and scattered Forest canopy(closed feature vegetative cover or open soils orest canopy) to open forest canopy) Surface streams 0-50 Class II Class I Class I Class I 50-100 Class H[2] Class I Class I 100-150 Class II[2]if slope>25 Class II [2]if slope> Class II[2] percent 25 percent 150-200 Class II[2]if slope>25 Class II[2]if slope> Class II[2]if slope> percent 25 percent 25 percent Wetlands(Wetland feature itself is a Class I Riparian Area) 0-100 Class H[2] Class I Class I 100-150 Class II[2] Flood Areas(Undeveloped portion of flood area is a Class I Riparian Area) 0-100Class H [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, shall 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. BasinTable 18.510.3 ivan ,.ung ase date s Resource... 1; cmegar H "h Intend r :: F;rO. Urban and 2004 Non-i kh" Urian er.M rbau" a 'itwns) (outsidee UOB), Class I& II Riparian Inside Moderately LimitN Strictly Limit Strictly Limit N/A Vegetated Corridor Class I&II Riparian Moderately Limit Moderately Limit Moderately Limit Moderately Limit Outside Vegetated Corridor 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 18.510-21 Code Update:12117 [1] Vegetated corridor standards are applied consistently throughout the District; in HN 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 shall be 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 shall 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 shall 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 18.510.130.B.2.a to change the status of an area originally identified as "forest canopy,"then such area shall 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. 17-22 §2) ■ Sensitive Lands 18.510-22 Code Update:12117 L e CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 16,2018 TO: CITY OF TUALATIN FROM: City of Tisra_rd Planning division STAFF CONTACT: Agnes Lindor,Associate Planner Phone: (503)718-2429 E-Mail:AgnesL@tigard-or.gov -FEMA FLOODPLAIN REGULATIONS UPDATE- DEVELOPMENT CODE AMENDMENT (DCA)2018-00002 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code(I'DC).Federal Emergency Management Agency(FEMA)performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510,Sensitive Lands are required based on this compliance review.The proposed amendments include: 1. Adoption by reference,the updated Flood Insurance Rate Maps dated October 19,2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510,Sensitive Lands,as required by FEMA. LOCATION:Citywide.ZONE:All zones.APPLICABLE REVIEW CRITERIA: Statewide Planning Goals I (Citizen Involvement),2 (Land Use Planning), and 7(Areas subject to Natural Disasters and Hazards),METRO's Urban Growth Management Functional Plan Title 3 and 8;Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3,2.1.11,7.1.7,7.1.8,7.1.9;and Tigard Development Code Chapters 18.710 and 18.795. Attached are the Proposed Amendments for your review. If you wish to comment on this application, WS NIXED YO lit � $ By.-Tmy-SAV ti '=,,X 3M You may use the space provided below or attach a separate letter to return your comments. Ifyou are unableto regFond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: 10, Q CP C+^i1� •► �03 ' ����3U�i% SK-°�'G�Ci� �i+a /o��►•�. hyo✓ ra CITY OF TIGARD REQUEST FOR COMMENTS DATE: August 16,2018 TO: TVF&R FROM: Cin,=of Tigard P1 -jmniu Division STAFF CONTACT: Agnes Lindor,Associate Planner Phone- (503)718-2429 E-Mak Agnes][Agtigard-orgov -FEMA FLOODPLAIN REGULATIONS UPDATE- DEVELOPMENT CODE AMENDMENT (DCA)2018-00002 REQUEST: The City of Tigard proposes legislative amendments to the Tigard Development Code(IDC).Federal Emergency Management Agency(FMA)performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510,Sensitive Lands are required based on this compliance review.The proposed amendments include: 1. Adoption by reference,the updated Flood Insurance Rate Maps dated October 19,2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510,Sensitive Lands,as required by FEMA. LOCATION:Citywide.ZONE:All zones.APPLICABLE REVIEW CRITERIA:- Statewide planning Goals I (Citizen Involvement), 2 (Land Use planning), and 7(Areas subject to Natural Disasters and Hazards),ME1ROs Urban Growth Management Functional Plan Title 3 and 8;Comprehensive Plan Goals 1.1.2,2.1.2,2.1.3,2.1.11,7.1.7,7.1.8,7.1.9;and Tigard Development Code Chapters 18.710 and 18.795. Attached are the Proposed Amendments for your review. If you wish to comment on this application, YOUR -, QQMNRMBMXBYAV_(,W_M 34LW& You may use the space provided below or attach a separate letter to return your comments. If=are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it Please contact of out office. Please refer to the enclosed letter or email. Written comments provided below: TUALATIN VALLEY RRE&FESCLE APPROVED John Wolff UM.CFJ CONDITIONALLY APPROVED (3 APPROVAL OF APPROVAL OF Deputy Fire Marshal 1I 10MIS41ONS ONIUMA! (503)259-1504-direct SEJATSAFA# (503)642-4814-fax TualEftin ValleY (503)649-8577_main -";7u UATE Fire & Rescue 7.hn.w.Iff4tf,..1n 11945 S.W.70th Avenue Tigard,OR 97223-9196 www.tvfr.com MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING 1,Agnes Lindor,being first duly sworn/affirm,on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County,Oregon and that I served the following: {Check Appropriate Box(s)Below) Z NOTICE OF Public Heating_ FOR: Fema Floodplain Regulations UpAugust 23 DCA2018-00002 El AMENDED NOTICE— F1 City of Tigard Community Development Director/Designee R Tigard Hearings Officer Z Tigard Planning Commission Z Tigard City Council A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and by reference made a part hereof, August 23,2018 and deposited in the United States Mail on August 23,2018 postage prepaid. �J Agnes Lindor STATE OF OREGON ) County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of A Lj '2018. OFFICIAL STAMP GLORIA NALLELY PINION MARIN NOTARY PUBLIC-OREGON COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 NOTARY PUBLIC OF OREGON My Commission Expires: 10 '11' EXHIBIT A NOTICE TO MORTGAGEE,LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER t. Twx i TIGARD PUBLIC HEARING NOTIUE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ONMONDAY,SEPTEMBER 17,2018,AT 7.'00 PM and TIGARD CITY COUNCIL ON TUESDAY, OCTOBER 16, 2018 AT 6.30PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223. THE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE TITLE. FEMA FLOODPLAINREGULATIONS UPDATE FILE NO.: DEVELOPMENT CODE AMENDMENT(DCA)2018-00002 APPLICANT. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST.' The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510,Sensitive Lands are required based on this compliance review. The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. LOCATION: Citywide ZONES. All Zones APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), and 7(Areas subject to Natural Disasters and Hazards),METRO's Urban Growth Management Functional Plan Title 3 and 8; Comprehensive Plan Goals 1.1.2, 2.1.2,2.1.3, 2.1.11, 7.1.7, 7.1.8, 7.1.9; and Tigard Development Code Chapters 18.710 and 18.795. For further information please contact the project manager Agnes Lindor at 503-718-2429 (Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 97223) or by email to agnesl&tigard-or.gov. The public hearings on this matter will be conducted in accordance with the rules of Chapter 18.710 of the Community Development Code and rules of procedure adopted by the Tigard Planning Commission and City Council and available at City Hall. The purpose of the Planning Commission's review is to make a recommendation to the City Council. The Council will then make a final decision on the proposal. Assistive listening devices are available for persons with impaired hearing. The city will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request. Please call 503-639-4171, ext. 2438 (voice) or 503-684-2772 (IDD—telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Public oral or written testimony is invited.Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearings. Oral testimony may be presented at the public hearings.At the public hearings, the Planning Commission and City Council will receive a staff report presentation from the city planner, open the public hearing,and invite both oral and written testimony. The Planning Commission or City Council may continue the public hearing to another meeting date to obtain additional information or close the public hearing and take action on the application. All documents and applicable criteria in the above-noted file are available for inspection at no cost, or copies can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request. At least seven (7) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or a copy can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request. EXHIBIT B ALBERTSON,BARRY ATTN: DONNY LEE 15445 SW 150TH AVE SECTOR HOUSING OFFICER TIGARD,OR 97224 2185 SE 12TH PLACE WARRENTON,OR 97146 BEILKE,SUSAN BONILLA,NACIA/STASNY,JAMIE 11755 SW 114TH PLACE METROPOLITAN LAND GROUP,LLC TIGARD,OR 97223 17933 NW EVERGREEN PARKWAY,SUITE 300 BEAVERTON,OR 97006 BUEHNER,GRETCHEN CAFFALL,REX PO BOX 230268 13205 SW VILLAGE GLENN TIGARD,OR 97281 TIGARD,OR 97223 CAROL RENAUD CITY OF TIGARD COUNTY ADMINISTRATIVE OFFICE-COMMUNITY ATTN:AGNES LINDOR ENGAGEMENT 13125 SW HALL BLVD. 254 N FIRST AVENUE MS20 TIGARD,OR 97223 HILLSBORO,OR 97124 CONNERY,STACY CRAGHEAD,ALEXANDER 12564 SW MAIN STREET 12205 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223-6210 DEFILIPPIS,VICTOR ENGVALL,ANN 13892 SW BRAYDON CT 15461 SW 82 PL TIGARD,OR 97224 TIGARD,OR 97224 FROUDE,BEVERLY HADLEY,BONNIE CHAIR CPO 4B 12200 SW BULL MOUNTAIN ROAD 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD,OR 97224 TIGARD,OR 97224 HAMILTON,LISA CPO 4B VICE CHAIR HERING,J.BLAKE. 13565 SW BEEF BEND ROAD NORRIS BEGGS&SIMPSON TIGARD,OR 97224 121 SW MORRISON,SUITE 200 PORTLAND,OR 97204 HOGAN,KEVIN HOWLAND,HAROLD AND RUTH 14357 SW 133RD AVENUE 13145 SW BENISH TIGARD,OR 97224 TIGARD,OR 97223 KIMMEL,DAVID KNAPP,MONA 1335 SW 66TH SUITE 201 9600 SW FREWING STREET PORTLAND,OR 97225 TIGARD,OR 97223 LISA HAMILTON CPO 4B VICE-CHAIR LONG,JIM CHAIR,CPO 4M 16200 SW PACIFIC HWY SUITE H BOX 242 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 MILDREN,GENE MURDOCK,NATHAN AND ANN MILDREN DESIGN GROUP 7415 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97223 TIGARD,OR 97223 NEAL BROWN. GRI ROGERS,KATE MEADOWS INC REALTORS 9527 SW BROOKLYN LN 12655 SW NORTH DAKOTA STREET TIGARD,OR,97224 TIGARD,OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 SPRING,BRAD STALZER,CHARLIE AND LARIE 7555 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD,OR 97223 TIGARD,OR 97224 SUNDBERG,ROSS WEGENER,BRIAN 16382 SW 104TH AVE 9830 SW KIMBERLY DRIVE TIGARD,OR 97224 TIGARD,OR 97224 NOTICE TO MORTGAGEE,LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, a IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ONMONDAY,SEPTEMBER 17,2018,AT 7.•00 PM and TIGARD CITY COUNCIL ON TUESDAY, OCTOBER 16, 2018 AT 6:30PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL. BOULEVARD,TIGARD,OREGON 97223. THE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. 11 FILE TITLE. FEMA FLOODPLAINREGULATIONS UPDATE FILE NO.: DEVELOPMENT CODE AMENDMENT(DCA)2018-00002 APPLICANT. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST.- The City of Tigard proposes legislative amendments to the Tigard Development Code (TDC). The Federal Emergency Management Agency (FEMA) performed a compliance review of the City's ordinance as it relates to regulating the special flood hazard area. The proposed changes in Chapter 18.510, Sensitive Lands are required based on this compliance review. The proposed amendments include: 1. Adoption by reference, the updated Flood Insurance Rate Maps dated October 19, 2018;and 2. Adopt updated floodplain regulations incorporated into TDC Chapter 18.510, Sensitive Lands, as required by FEMA. LOCATION. Citywide ZONES. All Zones APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Citizen Involvement),2 (Land Use Planning), and 7(Areas subject to Natural Disasters and Hazards),METRO'S Urban Growth Management Functional Plan Title 3 and 8; Comprehensive Plan Goals 1.1.2, 2.1.2, 2.1.3,2.1.11, 7.1.7, 7.1.8, 7.1.9;and Tigard Development Code Chapters 18.710 and 18.795. For further information please contact the project manager Agnes Lindor at 503-718-2429 (Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 97223) or by email to agnesl ,ti arg d_or.gov. The public hearings on this matter will be conducted in accordance with the rules of Chapter 18.710 of the Community Development Code and rules of procedure adopted by the Tigard Planning Commission and City Council and available at City Hall. The purpose of the Planning Commission's review is to make a recommendation to the City Council. The Council will then make a final decision on the proposal. Assistive listening devices are available for persons with impaired hearing. The city will also endeavor to arrange for qualified sign language interpreters and qualified bilingual interpreters upon request. Please call 503-639-4171, ext. 2438 (voice) or 503-684-2772 (TDD—telecommunications devices for the deaf) no less than one week prior to the hearing to make arrangements. Public oral or written testimony is invited. Anyone wishing to present written testimony on this proposed action may do so in writing prior to or at the public hearings. Oral testimony may be presented at the public hearings. At the public hearings, the Planning Commission and City Council will receive a staff report presentation from the city planner, open the public hearing, and invite both oral and written testimony. The Planning Commission or City Council may continue the public hearing to another meeting date to obtain additional information or close the public hearing and take action on the application. All documents and applicable criteria in the above-noted file are available for inspection at no cost, or copies can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request.At least seven (7) days prior to the hearing, a copy of the staff report will be available for inspection at no cost, or a copy can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request. Pamplin MediaGroup 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone:503-684-0360 Fax:503-620-3433 E-mail: legals@commnewspapers.com AFFIDAVIT OF PUBLICATION SAA °, State of Oregon,County of Washington,SS 1, RING ITEM: Charlotte Allsop, being the first duly sworn, The fallowing will be considered by the IkarA Plane depose and say that I am the Accounting Commission at a Public Hearing on MILL Stember 17. Manager of the The Times, a newspaper 2018 at 7:00 PM and by the T*Inr q ColInglil at a Public CL of general circulation, serving Bvtn/Tigard/ Hearing on TAira 1.October16,.ID18 at 6:30 PM at the Ti- Tualatin/Sherwood in the aforesaid county gard Civic Center-Town Hall,I 13125 SW Hall-Blvd.,Tigard, and state, as defined by ORS 193.010 and Oregon. 193.020,that Public oral or-written testimony is invited. The public hearing on this nV00 W01 b6bM Urow TWI*;; A#p#4;procedure ' City of Tigard adopted by the Cmwd=&*e MW of 7 10,avail DEVELOPMENT CODE AMENDMENT(DCA) able at City Hall. 11W Pluming Commission's"view is for the 2018-00002 purpose -FEMA FLOODPLAIN REGULATIONS Up- h DATE- 'r F eq Ad#: 65543 Planningurkher information may be obtained from the City of Tigard SW Hall Blvd., Tigard, Oregon 97223, by calling 503-718- *o gNsl a)tiizard-o A copy of which is hereto annexed,was 2429 or by e-mail-.to published in the entire issue of said DEVELOPMENT CODE AMENDMENT newspaper(s)for 1 week(s) in the (DCA)201&00002 following issue(s): FEMA FLOODPLAIN REGULATIONS UPDATE- 08/30/2018 ,QUEST: QUEST: The City of Tigard proposes legislative amend- menii to the Tigard Development Code (TDC). The Federal io Fmergericy Management Agency (FEMA) performed a com- pliance review of the City's ordinance as it relates to regulating Charlotte Allsop(Accounting Manager) the special flood hazard area. The proposed changes in Ch�pt 18.510;,'Sensitive Lands are required based on this cornpli= review. Subscribed and sworn to before me this The proposed amendments include: 08/30/2018. 1.AdoptioA-by reference,the updated Flood Wurance ftteMaps dated October 19,2018;and ' .,Adopt updated floodplain regulations incorporat ed into TEiC'Chapter,18.5 10,Sensitive Lands, i NOTARY PUBLIC FOR ORE N quirWby FEMA. LOCATION: Citywide.APPLCAt -11ILS REVIEW CRIT , OFFICIAL STAMPRIA: Statewide Planning Goals�,,A '(Citizen Involvement), 9 SUE ELLEN CASEY (Land Use Planning), and 7(Areas subject to Natural Disasters NOTARY puBUG-OREGON and Hazards), METRO's Urban Growth Management Func- COMMISSION NO.075848 MY COMMISSION EXPIRES JUNE 12,2022 tional Plan Title 3 and 8; Comprehensive Plan Goals 1.1.2, 2.1.2,2.1.3,2.1.11,7.1.7,7.1.8,1.1.9;and Tigard Development 9 Code Chapters 18.710 and 18.795. Attn:Joe Patton Publish August 30,2018. TT65543 TIGARD, CITY OF 13125 SW HALL BLVD TIGARD, OR 97228 :Paamplin:iaGp 6605 SE Lake Road,Portland,OR 97222 PO Box 22109 Portland,OR 97269-2169 Phone: 503-084-0360 Fax: 503-020-3433 E-mail: legals@commnewspapers.com AFFIDAVIT OF PUBLICATION State of Oregon,County of Washington,SS I, euoHa3 , .00iwa0 3AAa Charlotte Allsop, being the first duly sworn, PUBLIC HEARING ITEM: depose and say that I am the Accounting The following will be.considered by the 'igard PIanning Manager of the The Times, a newspaper Commission at a Public Hearing on Monday.September 17. M M general circulation, serving newspaper Tigard/ 2018 at 7:00 PM and by the Lgg rg d City Council,at a Public TualatinSherwood in the aforesaid county Hearing.on •es p,.October 16,2018 at{ at the Ti- and state, as defined by ORS 193.010 and Bard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, 193.020,that Oregon' Public oral or written testimony is invited. The public hearing City of Tigard on this matter Wd t 'Ti �IS e DEVELOPMENT CODE AMENDMENT(DCA) adopted by the I aside> d£4w,18.-to,avail- 2018-00002 able at City n$ s review is for the -FEMA FLOODPLAIN REGULATIONS UP- purpose of s ends to the Ci>ly Council on DATE- the request.. TW. will thea h*a public - - on-the request prior ` e;cisien. -- Ad#• 65543 Further information may be obtained from the City of Tigard Planning Division (Staff contact: Agnes Lindor) at 13125 SW'1 Blvd,-Tigard; Oregon 97-223, by calling 503--718- A copy of which is hereto annexed was 2429 or by e-mail to A est fairQLZov. published in the entire issue of said DEVELOPMENT CODE AMENDMENT newspaper(s)for 1 week(s) in the (DCA)2018-00002 following issue(s): "FEMA FLOODPLAIN REGULATIONS UPDATE- 08/30/2018 ************************************************** REQVgEST: The City of Tigard proposes legislative amend- C�WWA /�} ' nments'to the Tigard Development Code (TDC). The Federal (, VC.�-� EmergeAky.Management Agency (FEMA) performed a corn- Charlotte Allsop(Accounting Manager) pliance review of the City's ordinance as it relates to regulating the special mood hazard area. The proposed-changes in Chapter $> 510,Serisitive Lands are required based on this complian4 review. ! Subscribed and sworn to before me this The proposed amendments include: 08/30/2018. 1.Adoption by reference,the updated Flood � stimnce state Maps dated October 19,2018;and Adopt updated floodplain regulations incorporat- ed into TDC Chapter 18.510,Sensitive Lands,as reby FEMA. - NOTARY PUBLIC FOR 0 GON qurrecl LOCATION: -Citywide.APPLICABLE REVIEW CRITI+ OFFICIAL STAMP RIA: Statewide.Planning,ObW 1 (Citizen Involvement), SUE ELLEN CASEY (Land Use Planning), and 7(Areas subject to Natural Disasters NOTARY PUBLIC-OREGON and Hazards), METRO'S Urban Growth Management Func- COMMISSION NO.975848 ti nal Plan Title 3 and 8; Comprehensive Plan Goals 1.1.2, MY COMMISSION EXPIRES JUNE 12,2022 2.1.2,.2.1.3,2.1.11,7.1.7,7.1.8,7.1.9;and Tigard Developmett A Code Chapters 18.710 and 18.795. ' Attn:Joe Patton Publish August 30,2018. TT65543 TIGARD,CITY OF 13125 SW HALL BLVD TIGARD,OR 97228 APPLICANT MATERIALS City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT Master Land Use Application LAND USE APPLICATION TYPE ❑ Adjustment/Variance(II) ❑ Planned Development(III) ❑ Comprehensive Plan Amendment(Legislative) ❑ Sensitive Lands Review(II or III) ❑ Conditional Use (III) ❑ Site Development Review(II) X Development Code Amendment(Legislative) ❑ Subdivision (II) ❑ Discretionary Urban Forestry Plan Review(III) ❑ Transportation Mitigation (II) ❑ Downtown Design Review(II,III) ❑ Urban Forestry Plan Modification (I) ❑ Historic Overlay(II or III) ❑ Zone Change (III or Legislative) ❑ Home Occupation(II) ❑ Zone Change Annexation (III or Legislative) ❑ Land Partition(II) NOTE:For required submittal elements,please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) d d Cno AffA ►y t Mon k. Cbm fel la na ���- c3�-g car G�(,�b-t- ceed e_ 1 A wA alc Y)ey\t ►MmCA to d 4Gd 1 D) M I ►L PROPERTY INFORMATI N (where proposed activity will occur) Location (address if available): Tax maps and tax lot #s: Total site size: Zoning classification: APPLICANT INFORMATION 1 , r Case No.: Name: � +���_ Lam'' 2'Y� Related Case No.(s): Mailing address: 1 SV Y i f 1� N/A Application Fee: City/state: TtAAM -- O IZ Zip: Z7i� 3 ,�� g. � Application accepted: Phone number: By: Al, Date: ate I Ig Primary contact name: (/1� Phone number: Application determined complete: U 3 Email: L —w— By: AL, Date: S I:\Community Development\Land Use Applications\02_Forms and Templates\Land Use Applications Rev.12/14/2017 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: ok T1A VA Mailing address: City/state: Zip: Phone: Email: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANTS) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). 8t 8 Applicalds signature Print 1449ke Dat Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIG=of owner of the subject property required I Owner's signature Print name Date Owner's signature Print name Date Owners signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2 ADDITIONAL DOCUMENTS Agnes Lindor From: Pilkenton, Roxanne <roxanne.reale-pilkenton@fema.dhs.gov> Sent: Saturday, September 29, 2018 2:15 PM To: Agnes Lindor Subject: RE: FEMA NAP Hi Agnes, Thank you for your email and please accept my apology for not getting back to you more quickly. I was in Alaska most of last week for work and had limited times to respond to emails. The following sanctions would apply if a community is suspended from the NFIP: • Property owners will not be able to purchase flood insurance policies and existing policies would not be renewed. • Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development,the Environmental Protection Agency, and the Small Business Administration. • Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. • Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs. • Federally insured or regulated lending institutions,such as banks and credit unions, are allowed to make conventional loans for insurable buildings in flood hazard areas of non-participating communities. However,the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. Please let me know if you need any addition information. We can also have our insurance specialist provide some information in regard to how many policies there are in the city. Best, Roxanne Reale-Pilkenton cFnt Floodplain Management Specialist FEMA Region X I Floodplain Management and Insurance Branch 130 2281h Street SW I Bothell, Washington 98021-9792 Phone: (425) 487-4654 1 Cell: (202) 341-6948 Roxanne.Pilkenton(i,fema.dhs.gov Federal Emergency Management Agency (FEMA), Region X is committed to providing access, equal opportunity and reasonable accommodation in its services,programs, activities, education and employment for individuals with disabilities. To request a disability accommodation contact me at least five (5) working days in advance at 425-487-4654 or roxanne.reale-pilkenton@fema.dhs.gov. *AXXT S� FEMA 1 From:Agnes Lindor[mailto:agnesl@tigard-or.gov] Sent:Wednesday,September 26, 201810:54 AM To: Pilkenton, Roxanne<roxanne.reale-pilkenton@fema.dhs.gov> Subject: FEMA NFIP Hey Roxanne- I just wanted to get some more information on what happens if we don't adopt the maps and regulations by the required date. I know we would be suspended from the program, but what does that actually mean? If there was a natural disaster, I assume FEMA would cover the damages? We are planning to adopt before then, but I have had commissioners ask what the implications are and I just want to make sure that I know the correct answer.Thank you! Agnes Lindor Associate Planner City of Tigard Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Phone:503.718.2429 Email:AgnesL@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 U.S.Department of Homeland Security 500 C Street,SW Washington,DC 20472 FEMA O�F�. SEP 14 2018 4ND SE CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable John L. Cook SEP 11 2018 Mayor, City of Tigard 13125 Southwest Hall Boulevard City of Tigard, OR Tigard, Oregon 97223 City Management Dear Mayor Cook: I am writing this letter as an official reminder that the City of Tigard, Oregon, has until October 19, 2018,to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program(NFIP)regulations. The City of Tigard must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed)by October 19, 2018, to avoid suspension from the NFIP. If suspended,your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners seeking any Federal financial assistance for construction or acquisition of buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain federally guaranteed mortgages and direct loans,federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. In addition, all loans individuals obtain from Federally regulated, supervised, or insured lending institutions that are secured by improved real estate located in SFHAs are also contingent upon the borrower obtaining flood insurance coverage on the building. However, purchasing and maintaining flood insurance coverage on a voluntary basis is frequently recommended for properties located outside SFHAs. Your NFIP State Coordinator and FEMA would like to assist the City of Tigard to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if the City of Tigard is encountering difficulties in enacting its measures. www.fema.gov SEP 14 2018 The Honorable John L. Cook Page 2 I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the Oregon Department of Land Conservation and Development. Christine Shirley, CFM,the NFIP State Coordinator, is accessible by telephone at(503) 373-0050, in writing at 635 Capitol Street,Northeast, Suite 150, Salem, Oregon 97301-2540, or by electronic mail at christine.shirley@state.or.us. The FEMA Regional staff in Bothell, Washington, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at(425)487- 4600 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region X, at 130—228th Street, Southwest, Bothell, Washington 98021-8627. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, 10 Rachel Sears, Director Floodplain Management Director Mitigation Directorate I FEMA Enclosure cc: Mike O'Hare, Regional Administrator, FEMA Region X Christine Shirley, CFM,NFIP State Coordinator, Oregon Department of Land Conservation and Development Tom McGuire, Assistant Community Development Director, City of Tigard §59.24 Suspension of community eligibility. (a)A community eligible for the sale.Of flood insurance shall be subject to suspension from the Program for faiiing to submit pi5pies of adequate flood plain management ragulatiot meeting.fhe minimum requirements of pang phs(b), (ej,fid), (e)or(f)of 6 60.3 of}iaragraph(b)of §. A or X0.5, within six months from the date the Federal Insurance Admitllstrator prcj�r des rile data p0160" hick the flood plain regulations for the appticablb par;3 mph sliail be based.iNheFe there h&soot!An.any _ . submission bar the community, the t=ederai 14urance A_dmuiis�ator.shaf t notify the rrmbnity ti�at 00 days relriail in#he.sui month period in orde #o stibrriR ade�luate#food piairl i nagement re uleiyons_ Where thee$has b6on an ina e-itate subM#sion,the. edtral Insttrencw Admir_iSe tot'Shal riofify the comrrturiiEy of the speoifc defgm-.h s in its Submitted flood plain risriagemerft regui ions slid inform the coriimunityet the i�riNht'nf tail 4e birifog wsWl i rte sti4 fno period.`I , siibsedui tiy, espies Ttf adequate flood plain rriariagemerit raegtllatiohs.are not receival by tha; irt��nistratot, nit ictal than 30 days before the g)( ir4t+on of the ri it jal sbt rriorith period i6&edetal insi rano J�tliriitiistrator*Niall provide tii►Men iot to xhe commu."Viand to# state aril!a seie p l fiQri :tlig ub ca in FEt�ERAE f+t1=GIS1'ER Jndor. art fia of:.:is statsc apter of.the carraiiiuri t,4 loss of eUgitiility for the sale of flood insurance,such suspehston to become eff.&We upon the expiration of the siX month pend. Should the community remedy the defect and the Federal Insurance Administrator receive copies of adequate flood plain nista`a nint:regu0000liswith.ct:the nice:per od,the suspension rioting Still i?e_efioiffded by the Falderal insr�l�hoe Adrrntiisttatot, If Vie.F�ideraI lnsyr 666 AdMliilstrator to n s ttotiors.frOrrm the State <. ; rtotice that it-has enacted adequate-flOod OW maflagemi t*Wl fions fgr the mmunitlr nthin., . period, the si spensioa notice shall be escindecT,bjr the eoeral Insurance Adpl istr8ttsr..The . community'sigibilitty;;hall remain,terrniiiated after suspension until:txties of eeeiguste faooH.plain managernerifiragulotio�ns Mave been iewiJ e".wind approvedi. 6' the t=edeMl.lristirarlce mtrfist !tor (b)A community eligible for the sale of flood insurance which fails to aduately enforce flood plain managernerit regulations meeting the minimpm requirements set forth in§ 60:3,60.4 and/gr 60.5 shall be subject to probation;.:Probati�n:shall represent farnia�t n©tific n to the:cotnt unit iiat -Federal. insuran.'ce -6:1. aloc n a�d$the cosrlrhuhity"s;floQd plain uianagetriient grog ern cis trot rorrtpli ht itiith NFIP criteria..Prier:to imposlag-pro0atloo, a eral Insuirance fm9nisfNatol ('1 ;$tlall irilof�th comrriuriitjr irpon.80 d ya prior'.... . ,n.notice of the impentl!rip,probatIQn'arid Qf theapiecl ta[r�i defrctehaes and vl tssns relative to the failure to enforoe, (2)shWI at least Q days 1>ofQ ) fijon is. to begin, issue a press r�elesse to local media explaining the reasons for shtf the eff61:b proti ion, and (3)shall,at least 90 days before probation is.to begin, advise all policywdersin the cd.Mrriunity of the impending probation and the additional,premium that will be charged, as provided in this paragraph, on poliole,.s sold 4i mewed during the period of probation. During this 90-day.period bile i;omrtisfriity shall have the oppo tonily m avoid probatit�n.by demortstrstin complrance with Prdo"i� ra requirsmants;or by con ei ir�g.Prgflram deficieficties_and yenned +ng ell vrolations fo the mextitriVm extent possible. It,at the end of th�e.90-dgy P"wd,the.i=ederel tnsuiar�i�e Administrator determines that jhe community has f8ited to do so,the probation shall go into effect. Probation may be cohtinued for up tQ'one yea.t after the community corrects all Program deficiencies and remedies all violations to the ifi"Mum extent possible. Flood insurance may be sold or renewed in the community while it is on probation.Where a policy covers ted in a community.placpd on probation on or aft property locaer October 1, 1066, but prior tO October 1, 1992, an edditibnal premium of$25.00 shall be charged on each such policy newly issued or renewed during the one=.year period beginhiihQ on the date the community is placed on probation'and during any successive ohe=year.pedods xhat begin prior to October 1, 1992.Where a 6oniibunV. d probation begins on or after October 1, 1992,the additional.premium described in the preceding.seritenoe shall be$50.00, which shall also be charged during any successive one-year periods during which the community remains on probation for any part thereof. This$50.00 additional premium shall further be charged during any successive one-year periods that begin on or after October 1, 1992, where the preceding one-year probation period began prior to October 1, 1992. (c)A community eligible for the sale of flood insurance which fails to adequately enforce its flood plain management regulations meeting the minimum requirements set forth in§§60.3, 60.4 and/or 60.5 r_cuerd1 tmergency management Agency, DHS ""< % �. t Z, and does not correct its Program deficiencies and remedy all violations to the maximum extent possible in accordance with compliance deadlines established during a period of probation shall be subject to suspension of its Program eligibility. Under such circumstances, the Federal Insurance Administrator shall - grant the coittlnunity$�days in'.Which to show cause yvhy it should not be suspended:The I=ederal Insurance Adinnisstrator may conduct ah written or oral,before iotiiriienoing suspensive action. If a community is..#o be suspended, the Federal.insurance Administrator shall infiirrii it upon g0 days prior written noficae and upon publication in the FEDERAL I� q*TER -under part$4 bf this Subt hdoter'&its loss of eligibility for sale of flood insurance. In the event ofirOpending suspension,the Federal Insurance Administrator shall issue a press.release to the local media explaining the teastins end effects of the suspensiprr.The cornmuriVS eli4ibili# shall orily be reinstated by the Fedetpi Ihsun nEe Ad-inlstrator upon his res et of g..tsica!ieyislative or eXecutive measure saffirming the corrIMpiaity's formal intent"to adeituateiy,enfdrece ttie flocsc(plain"management requirerrehi"S of#his scrCipart,togetlier:�+vith evidence of action taker:by tf1 obmmuriity to correct program deficiencies and Mri e y td the maximum extent possible those vittlatioils`which caused the suspension. In certainceses�tri®1=edea Jnsuratcce Administrator, iI otdet.to.evaluata the community's perform ih66 On4ir the temis of its submission, may withhold reinstatement for e;per od not to exceed one yoar from the.date of"hjs"receipt cfi#ie satisfactory submission tir place"#he comrriunty ors probation as prpvjiied for in paragraph(b)of this sect+ois. 03 A.ciommunity a Igitale for=the sale of flood insur8nce which repeals"its Hood plain;rrtanagemerit re ula7ionS,aljovvs l#s reguiatiorss to lapse;br amends ft r 6180ons so tF 'they no it rigar►nee�ttie m�nirnuiri iegtrirements oi$fcsifh In ff%.: l 0.�4 and/or 60.5 shall be suspended from the Progtarh.if a comrnun is to dad this Federal Insurance Adrrtinistt°ator ir;ail inform.it u ,n 3I]da �' n pot ., ys.prior written notice ` and upon fiublicatio>a in"the FE©iR L REciSTER un et parts of this subchapter of its loss of eligibility torttie Sale ofSood insurance.7111 corrirnuniity eligibility shall to,- termthatea after suspension until copies'of adequate flo;!d Plein management regulations have been ieceiveil and approved by the Federal insurance Adrnin[strator. {e)A community eligible for the sale of flood insurance niay vvithdravv frog the P.iogr;srn by submitting tilt Ferleral..lnsurant;e gdininistrator a copy df a legislative pct on that explicitly states its desire to withdraw from the"Na#ional Mood insurance Program:Upon receipt of.a cett+f`tied copy if a final legislative actiol,}he—drai Insurance Adm riistrator.shall withdraw►the n myrjitji firom the Program and piibflsti in the Faol Rf_GI;'TeR usdet part 64 of this subchapter its loss of aligibility for the sale of flood insurance:A 00M h�nity.that#IaS ►!ithdrawn from the Program niay,be reinstated if its submits the applicatign materials specified irq 69.1 (aj. (f) If during a period Of ineligibllity under paragraphs(a), (d),or(e)of this section,a coftm runity has permitted aeons to take ply that have aggravdted existing food plain, inudslide(i.e., rriudfld.)and/or flood related erosion fi is ds,ttie Federal lnsumnce Administrator may wtttihold reinstaternerit,until the community subinits.evide,'_that.it has taken action to remedy t. the maXi 1 6m extent possible the " increased iiax is,The Administrator may also place the reinstated 6Dmrrsunity on probdiion as provided for in paragraph(b)of this section. (g) The Federal Insurance Administrator shall promptly no the servicing company and any insurers.issuing flood insurance pursuant to an arrangement with the the. Insuranpe Administrator of those communities whose eligibility has been suspended or which have withdrawn from'the program. Flood insurance shall ntlt be sold or renewed in those communitids. Policies sold or renewed.within a community during a.period of ineligibility are deemed to be voidable by the Federal Insurance Administrator whether or not the parties to sale or renewal had actual notice of the ineligibility. [41 FR 46968, Oct.26, 1976.Redesignated at 44 FR 31177,May 31, 1979,and amended at 48 FR 44543 and 44552, Sept 29, 1983;49 FR 4751,Feb.8, 1984;50 FR 36023,Sept.4, 1985;57 FR 19540,May 7, 1992;59 FR 53598, Oct.25, 1994;62 FR 55715, Oct.27, 1997] Federal Emergency Management Agency, DHS §60.3 Flood plain management criteria for flood-prone areas. The Federal insurance Administrator will provide the data upon which flood plain management regulations shall be based. If the Federal Insurance Administrator has not provided sufflcient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or otfier sources potfdmg receipt of data from the Federal Insurance Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Federal Insurance Administrator;they shall apply. The symbols defining"such special flood hazard designations arse set forth in§64;"of this s><abchapfer, In all cases the minimum requirements governing the adem quacy of the flood plain anagement regulations for flood-prone.areas adopted by a particular community depend on the amount of technical data formally provided to the community by the Federal Insurance Administrator, Minum standards.fior comm imunities are as follows: (a)When the Federal Insurance Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not prov40ed'sufficient data to identify the flooia�y or coastal high heard area;but the cominurlity has indicated tFie presence Of such hazards byubmltting an application to`participate in tFie Program,the community shall: (1)Require permits for all proposed construction or other development in the community, including the placement of manufactured homes,so that it may determine whether such construction or other development is proposed within flood-prone areas; (2)Review proposed development to assure that all necessary permits.have been recs ivied from those governmental agencies from which approval is required bpi Federal or a ltvv, including section 404 of the Federal Water Potiution Control Act Amendments of 1912, 33 U.S.C. 1334; (3) Review all pertrtit ap011cedorid to determine whether proposed build it"''will be reasonably safe from flooding. if a proposed building site is in a flood-prone area,all nein►vonstruction and substantial improvements shell(I)be designed(or modified)and adequately vichored o.Prevenf fetation,collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii)be constructed by methods and practice$that minimize flood damages, and(Iv)be construed with electrical, heating, ventilation, plumbing,end air conditioning equipment and other service%coities.th"i are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4)Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is.in a food-prone area, any such proposals shall be reviewed to assure that(i)all such proposals are consistent with the need to minimize hood damage within the flood-prone area,(ii)all public utilities and facilities,such as sewer,gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, arid(iii)adequate drainage is provided to reduce exposure to flood hazards; (5)Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems;and (6) Require within flood-prone areas(i) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii)onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. Federal Emergency Management Agency,DHS `v ` L (b)When the Federal Insurance Administrator has designated areas of special flood hazards(A zones) by the publication of a community's FHBM or FIRM, but has neither produced water sulfa_ce elevation data trot identified a floodway or coastal high hazard area,the community Thai): (1)Require peirrihf.fol ail pf000sed PDnstructon and other'deyelopments including the placement of manufactured hon - I Rorie A oh the t:orrimunity� FHBM or OR (2)Requite ttl aj plic tiop pf the S#andards in paragraphs 1saJ( ); (3), (4},(5)and{6)of#his.sectiori to development within Zane A on the corritnuniVs FHBM or PA (3)l egeire that all new app llvlslon proposals and otherproposed dOvelopruents(including proposals for manufactured horfie parks and subdivisions)6reafer than 6 lots or 5 acres, whiohever is the lesser, include within such proposals base flood elevation data; (4)Obtairi;'revi t-and r oriably utilize any base flood e'lei atiori anti"o +ay.data available from a Federal.,tate,ffr ft3r ur(:e;inafcrd ng data di 616ped pursuant tri paragraph(bX3)of this section, as criteria for reijuinng Via#view acoits(riictioti,substarltiai irilprbV rii nits=:et of et devetcipfnOD in 7orie A on the commuhity's FHBM of FIRM tweet the standard_s in paragraphs(c)2�,(c)(3),(c)(S), (c)(6), (6)(12), (c)(14), (d)(2)_and(d)(3)of this section; (5)Where base flood elevation data are utilized,within Zone A on the community's FFIBM or FiRM: (i)pbiain the elevation(irl relation to mean sea level)of the lowest floor(iheludinbasoirnw)of all new and su'i 0 tiafly improlret!structures;ant! (ii)Obtain, if the structure has been floodproofed in accordance with paragraph(c){3)(ii)of this section, the elevation(in relation to mean sea ieve1)to which the structure was floc dproofed,and (110 Mbintain a record of ill such information with the ofhciel designated by the oomrrrunity under (6)Notify,)n riveriiis s."lNeW046,adjacent communities and the State Coordihatir g;Cffifice prior to any alteration o�rreiocation of a iri►atercourise,and submit i~opies of such ntitifittrons to dje Federal Insurance Administrator; (7)Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; ($) Require that all ttianufactured homes to be placed within Zone A on a community"s FMBM or FIRM she!l be installed using methods and practices which rrrin'rmize flood damage.For the purposes of this requwmtint, nanufactured ho r►es must be elevated and anchored to resist flotation,collapse, or lateral movement.Methods of arichoring may Include,but are not to be limited to,use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (c)When the Federal Insurance Administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate,has designated other special flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high hazard area,the community shall: (1) Require the standards of paragraph(b)of this section within all Al-30 zones,AE zones, A zones, AH zones, and A4 zones, on the community's FIRM; LniCIBU111-y wiandgenlent Agency, um, (2)Require that all new construction.and substantial improvements of residential structures within Zones Al-30,AE and AH zones on the community`s•FIRM have the lowest floor(including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements in accordance with §60.6(b)or(c); {3)Require that all new construction and substantial improvements of non-residential structures within Zones Al-30,AE and AH zones on the community's firm(i)have the lowest floor(including basement)elevated to or above the base flood level or, (ii)together with attendant utility and sanitary facilities,kis designed so thaf belpw the base flood level the structure is watertight with walls substantially impermeable to the passage 0 water ehi wft4 atrudural aorhponents having the capagiI4 of resisting hydrostatic and hydrodynamic loads and affects of buoyancy; (4)Provide that where a noxi-residential stricture is intended to be made watertight below the base flood level, (i)a registered professional engineer.or architect shall develop and/or review strupp.ral design,specifications,and plans for the construction, anis shall.pertify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph(c)(3)(i)or(c)(8)(i)of this section, and(ii)a record of such certificates which includes the speafic vation'(in:relaWh to•tnean.sea 10vel)to-vphich such-stfuc ores ar`e fkiodprshall be maintained witfi the,pf cial ati4jnsted by Yie community under (5)Require,for all new construction and substantial improvements,that fulstOt y enclosed areas below the lowest fktor that are liable solely for parking of vehicles, builclirig•access or age iri an aireA other than a basement and which are subject to flooding shall be designed to automatically.equaiize hydrostatic flood forces on exterior walls by aU.ojniing for the entry and exit of f..Waters..esi�M#of t»eisting this -r requirement crust+�lpier cert�fi #�Y a l 9iWow professional megr dr r r*eet or."-exceed - - aliteCt o the following iisinimpm t rl- A r.11111 ium bf two openings Having s total het aril of not cess than one square inch"for every"square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above gnido. Openings maybe equipped with screens, louvers;valves,or other coverings or devices provideii that they permit the autotxratic entry and exit of floodwaters. (6) equlre#hat manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (1)Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred'substantial damage"as the result of a flood, be elevated on a Permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base-flood elevation and be securely anchored to an adequately anchored foundation system to resist"floatation collapse and lateral movement (7)Require within any AO zone on the community's FIRM that all new construction and substantial improvements of residential structures have the lowest floor(including basement)elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); (8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of nonresidential structures(i) have the lowest floor(including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Federal Emergency Management Agency, DHS FIRM(at leatt two feet N no depth numbor it specified.),or(ii)together with attendant utility and sanitary facilitiesi be complefe(y flo6dotp&p.d to that level to meet the floodproofinig standard specified in §60*c)(3Al); (9)Require within any A99 zones on a community's FIRM the standards of paragraphs(a)(1) through Wt4)(i)and(b)(&)thri)bgh(b)(9)of this section; 0 Q)Re '*,t6ry flo6dWay is designconstruction,subitahtiil Require until a r6ol Wed,that no new irnOr0i46nti,or i5ther 000 pment(including fi(1)shall 6' 6d rrffift I Vithlb,Z666s Al-$0 and Ar:on the ie PP community's FIRM, un-iles's, it is demonstrated that the cijmUlatv effect 6fthiprdod§Od d6vd1poindrit, when combined with all other existing and anticipated deValoprritint,will not increasethe rf: ewatersu ace elevation of the base flood more than one foot at any point within the p community- (11)Require within Zones Ali end AO, on slopes,to. guide floo'6watOrs around, 6n away frbhP structures. (12)Re'u' "Ah bdiuiddhorribs to be placed. or,. tubstaho al.I -" q ire st mahuh, Y improved oh sites in Mokisting manufactured home park 6�-. ��MS'Idn'Whffiqn Zoni�i A-440,AH, g-jid i6m� oom . . ... . _1 - n e , munlVi FI'FkM..#iit are not subject to the provisions df paragraph(c)(6)of this se'cU'."'o*n":b'e-el"evated''so that either (I)The loves#601ie of'th,eirAnuW6 ried home is it . or above the bate to6d old 06h,or -(A)The inantifs 0Mechats 1.6 is supported by f6hforced piers_Or i6thef fdu�ditid�elementsbf h 0 at I 'Aat td PqY"Wnt err`h9th fi a 9M no Nib 36 ind in h.0194,qbov'o "rid be securely. anchored to an Iti ly ph. red fbohddb6h.systLi w1g. 08 tn and latera! movemop (13)Notwithstan ing any provisions approve certain developmentdevelopment6th4t Oins 6f ro ' : .§60.3, a community may in Zones AI-30,AE,and AH, on ih e c61mmuhJWs FIRM which increase the water surface elevation of the base flood by more than one foot,provided that the community he first applies for a conditional FIRM revision,fUlfiliq the roquir'ements for suchsuch0 rb-Vislo'n' -is'."bIlth6dLAhd6r: the 65.7?, and receives the approval of the F eral insurance Admi inistrator.' (14)Require that recreational vehicles placed on sites within Zones Al-$O,AH, and AE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii)Be fully licensed and ready for highway use, or (iii)Meet the permit requirements of pa.i.ragraph(b)(1)of this section and the elevation and anchoring requirements for"manufactured homeso inparagraph(6)(6) of this section. A recreational vehicle is ready for highway use if it is 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. (d)When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al-30 and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones,A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodwa - y, the community shall: (1) Meet the requirements of paragraphs(c)(1)through (14)of this section; rcucrar cnrergenLy iwarragernent Agency, un3 a r (2)Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3)Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adoptod regulatoty fkaodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in aecotdance With siandard engineering.practice that the ptbposed %encroachment would not result in any increase in flood levels within the cortimunity during the occurrehee of the base flood discharge; (4)NotWOstanding any other provisions of§60.3, a community may permit encroachments within the adopted regulatQry floodway that would result in an increase in base flogd elevations, provided that the community first applies for a conditional FIRM and flood way revision,futfills the requireiriei6 for such revisions as established under the provisions of§65.12, and receives the approval of the Federal Insurance Administrator. (e)When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones Al-30 and/or AE oh.the comfnunilft FIRM and,if appropriate, has designated AH zones, AO zones,A99 zones,and A zones on the community's FIRM,and has.idetliUlw.on th"i cdr1rirfiun0s FIRM coastal high hazard areas by designating Zones V1-30,VE,and%or V,the community shall: (1)Meet the requirements of paragraphs(c)(1)through (14)of this section; (2)Within Zones V1-30,VE, and V on a community's FIRM, (i)obtain the elevation (in relation to mean sea level)of the bottom of the lowest structural member of the lowest floor(excluding pilings and columns)of all new and substantially improved structures,and whether or not such structures contain a basement,and(ii)maintain a record of all such information with the official designated by the community under§69.22(a)(000); (3) provide thst all new construction within Zones V1-30,VE,and V on the community_'s FIRM is located landi%*d bfihe reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base flood elevation.data'is available,on the community's FIRM,.are Olevated on pilings and columns so that(t)the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns)is elevated to or above the base flood level; and (ii)the pile or column foundation and structure attached thereto is anchored to resist flotation,collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components.Water loading values used shall be those associated with the base flood.Wind loading values used shall be those required by applicable State or local building standards.A registered professional engineer or architect shall develop or review the structural design,specifications and plans for the construction,and shall certify that the design and methods of construction to be used are'In accordance with accepted standards of practice for meeting the provisions of paragraphs(e)(4)(i)and(ii)of this section. (5) Provide that all new construction and substantial improvements within Zones V1-30,VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work,or insect screening intended to collapse under wind and water loads without causing collapse,displacement, or other structural damage to the elevated poMon.oFft building or supporting foundation-system. For the purposes of this section, a breakway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a design safe loading resistance of 20 pounds per square foot(either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: Federal Emergency Management Agency, DHS Breakaway wall collapse :shell result from a Water load less thenring that which would occur du the base ho6d;and, (if)The elevated portion of the building and.supporting foundation system shall not be subject to collapse,displacehi6rit,brother structural damage duo to the effects of wiiiii end water 1666 6ctihg simultaneously on all buildihp comp 'jiejits(structural and 6 o 'ding values used shelf be those' 06 *Uttu . . associated With thibRsifi*9'oid. 'Win'd i6adin,14 vg 5 used shall be those required applicable lup, uir0d by St�tL-orio6617b�ildihg"sW'h"d'�tds. Such enclosed space shall be useable solely for parking of vehicles,building access,or storage. (0),Prohibit the use of fill fo,r structra 0 I-Support of buildings vOthin Zones V1-30,VE, brid Von the community's PIRMI (7)Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30,VE,and V on the community's FIRM which would increase potential flood damage. MR6 4jr0thptMi.n al Ictured homes placed orsubstono IYIMPrbvOdwfthinkbnesVi-3-0,'Vgnd VE on the b6mriOnAys.tj RM on sites (I)Outside of a manuf0chred home park or subdivision, (H)In a new manufactured home park or subdivision, (i0)in an oxom'sIbh to 4h 67dso ng manufactured home Park or subdio sion,or (iv.)In an existing -manufactured home park or subdivision on which a manufactured home ie has incurred"substantial damage"at the result of a flood, meet the standards Of paragraphs(e)(2)through (7)Of blis siedtlon and d thii manufactured.homes P1800d.or substantially improved on other sites in an existing m6nufa*Mcl hoin'S Park Orsubdivision Within Zones and VE on the c6mjhun1fy* FIRM meet the requirements of paragraph(c)(12)of this section. (9)RequIrO that recreational vehicles pieced on sites Within 26his V1-30, V, and VE on thecommuniy's FIRM either (i)Be on the site 10 fewer than ISO consecutive days, (ii)Be fully licensed and ready fpr highway use, or (iff)Meet the requiirementis in.paragraphs(b)(1)and(e) (2)through(7)of this section. A recreational vehicle is ready for highway use if it is on its wheals or jacking system, is attached to the site only by quick disconnect type utilities and security devices,and has no permanently attached additions. (1)When. FIRM the Federal Insu rance a Administrator has provided a notice of final base within Zones Al-30 or AE on the community's ' se flood elevations , and, if appropriate, has designated AH zones,AO zones,A99 Zones,and A zones on the community's FIRM, and has identified"ificid'prptect.ion re.st6ration areas by designating Zones AR,AR/Al-M,ARAE,AR/AH, AR/A0,or AR/A, the community shall: (1) Meet the requirements of paragraphs(c)(1)through (14) and(d)(1)through (4) of this section. � •i .a✓ (2)Adopt the official map or legal description of those areas within Zones AR,AR/A1-30,ARAE, AR/AH,ARM, or AR/AO that are designated developed areas as defined in §59.1 in accordance with the eligibility procedures under§65.14. (3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less: (i) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and (ii) Using this elevation, require the standards of paragraphs(c)(1)through(14)of this section. (4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (i) Determine the AR base flood elevation;and' (ii)Using that elevation require the standards of paragraphs (c)(1)through(14)of this section. (5)For all new construction of structures in areas within Zone AR/A1-30,ARAE,AR/AH,AR/AO, and ARIA: (i) Determine the applicable elevation for Zone AR from paragraphs(a)(3)and(4)of this section; 01) Determine the base flood elevation or flood depth for the underlying Al-30,AE,AH, AO and A Zone;and (iu) Using the higher elevation from paragraphs(a)(5)(1)and(ii)of this section require the standards of paragraphs(c)(1)through(14)of this section. (6)For all substantial improvements to existing construction within Zones AR/A1-30,ARAE,AR/AH, AR/AO, and ARIA: (i) Determine the Al-30 or AE,AH,AO, or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs(c)(1)through(14)of this section. (7)Notify the permit applicant that the area has been designated as an AR,AR/A1-30,AR/AE, ARAN,ARM, or ARIA Zone and whether the structure will be elevated or protected to or above the AR base flood elevation. [41 FR 46975, Oct.26, 19761 EDITORIAL NOTE:For FEDERAL REGISTER citations affecting§60.3,see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. Agnes Lindor From: Pilkenton, Roxanne <roxanne.reale-pilkenton@fema.dhs.gov> Sent: Wednesday, August 15, 2018 7:24 PM To: Agnes Lindor Cc: 'Adair, Celinda'; Shirley, Christine Subject: RE:Tigard Ordinance Review Hi Agnes, Thank you for all the work you've placed in your ordinance and getting the items corrected that FEMA had requested. Please accept this email as notification that FEMA approves this last version of the Tigard ordinance as being compliant with the NFIP provisions. FEMA will need to get a copy of the ordinance once it is fully approved, executed, adopted and effective along with copies of any notices that Tigard sends in regard to the adoption to be able to show that the ordinance is effective as required by 19 October 2018. Please note that if there are any further changes or corrections that are made to the Tigard ordinance a copy should be routed back to FEMA for review prior to adoption. Please let me know if I can be of any further assistance or answer any addition questions in regard to the review. Best, Roxanne Reale-Pilkenton c �� Floodplain Management Specialist FEMA Region X I Floodplain Management and Insurance Branch 130 228th Street SW I Bothell, Washington 98021-9792 Phone: (425) 487-4654 1 Cell: (202) 341-6948 Roxanne.Pilkenton(a,fema.dhs.gov Federal Emergency Management Agency (FEMA), Region X is committed to providing access, equal opportunity and reasonable accommodation in its services,programs, activities, education and employment for individuals with disabilities. To request a disability accommodation contact me at least five (5) working days in advance at 425-487-4654 or roxanne.reale-pilkenton@fema.dhs.gov. t FEMA r �r NATI ! #D PROGRAMINSURANCE 1 Agnes Lindor From: Pilkenton, Roxanne <roxanne.reale-pilkenton@fema.dhs.gov> Sent: Tuesday, August 14, 2018 7:23 AM To: Agnes Lindor Subject: RE:Tigard Ordinance Hi Agnes, To make responding easier I've written my answers to your questions below in the body of your email in an easy to distinguish font. Please let me know if you have any questions. Best, P.S. I'm sorry this is getting to you later than I anticipated. I wanted to get it to you last night. Roxanne Reale-Pilkenton cr,�i Floodplain Management Specialist FEMA Region X ( Floodplain Management and Insurance Branch 130 2281h Street SW I Bothell, Washington 98021-9792 Phone: (425)487-4654 1 Cell: (202) 341-6948 Roxanne.Pilkenton@,fema.dhs.gov Federal Emergency Management Agency (FEMA), Region X is committed to providing access, equal opportunity and reasonable accommodation in its services,programs, activities, education and employment for individuals with disabilities. To request a disability accommodation contact me at least five (5) working days in advance at 425-487-4654 or roxanne.reale-pilkenton@fema.dhs.gov. "coil NATIONAL FOiD From:Agnes Lindor[mailto:agnesl@tigard-or.gov] Sent: Monday,August 13,2018 6:25 AM To: Pilkenton, Roxanne<roxanne.reale-pilkenton@fema.dhs.gov> Subject: RE:Tigard Ordinance HiRoxanne- I am just checking in with you on the review below. I really need to get moving on this, could you please get back to me by tomorrow with a response to these below? I really appreciate all of you help and attention to this. Thank, Agnes Lindor I Associate Planner City of Tigard I Community Development 13125 SW Hall Boulevard Tigard,Oregon 97223 Phone: 503.718.2429 Email:AgnesL@tigard-or.gov From:Agnes Lindor Sent:Thursday,August 9,2018 6:44 AM To: 'Pilkenton, Roxanne'<roxanne.reale-pilkenton@fema.dhs.gov> Subject: RE:Tigard Ordinance Also, are all the definitions we currently have in 18.510.040.11 necessary or required? if not,can you identify which ones we can get rid of?Thanks, Agnes From:Agnes Lindor Sent:Wednesday,August 8, 2018 4:33 PM To: 'Pilkenton, Roxanne'<roxanne.reale-pilkenton@fema.dhs.gov> Subject:Tigard Ordinance Hi Roxanne- Thank you for taking the time to walk through the review checklist with me. Here is a link to the sensitive lands chapter, which is referenced below. Here are the clarification we talked about: State Model 2.0: Definitions: we currently have the following definition for basement(also included the definition of story since it is referenced in the basement definition: 21. "Basement" -Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as first story as defined in this section. While 1 think these definitions are helpful for buildin4/zoning I believe you could add a definition of basement that is for floodplain management purposes only which reads "Basement means any area of the building having its floor subarade(below ground level)on all sides." 136. "Story"-That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under floor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point,such basement or unused under-floor space shall be considered as a story. 137. "Story,first"-The lowest story in a building that qualifies as a story,except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined in this section,for more than 50 percent of the total perimeter,or more than eight feet below grade, as defined in this section,at any point. We will add:elevated building,flood, MH park or Subdivision,Substantial Development and modify Start of Construction.Sounds good. State Model 4.1-1,4.1-2 and 4.1-1(3): 18.510.020.B:these are permitted outright(does not include anything that is located in the SFHA). This explanation works. 18.510.020.E-SFHA actions that require a Type I review. This explanation works. 18.510.020.F-SFHA actions that require a Type II review. This explanation works. 2 18.510.020.G-SFHA actions that require a Type III review- including actions within the floodway and floodway fringe areas. This explanation works. State Model 4.3-5:we will add this to our ordinance. Thank you! State Model 5.1-3(3):we will make this change in our ordinance. Thank you! State Model 5.1-5:we will make this change in our ordinance. Thank you! State Model 5.2-3(4):Our ordinance does not allow development in residential zones. 18.510.070.B.3-only on lands designated as commercial and industrial. This explanation works. State Model 5.2-3(5,6 and 7):we will add this to our ordinance. Thank you! State Model 5.3:We do not have an AE zones without designated floodway. This explanation works. State Model 5.4(2): 18.510.070.B.2- 1 believe this complies. This explanation works. Please provide me with an updated checklist based on the information provided above as soon as possible (I am very pressed to meet the state deadlines).Once I receive this, I will need to make the revisions to the ordinance and will send you for review.Thanks!! I have my PC meeting scheduled for 9/17 and CC 10/16. 1 will need to get the notice out very soon. Agnes Lindor Associate Planner City of Tigard Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Phone: 503.718.2429 Email:AgnesL@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 3 Agnes Lindor From: Agnes Lindor Sent: Wednesday,August 8, 2018 4:33 PM To: 'Pilkenton, Roxanne' Subject: Tigard Ordinance Hi Roxanne- Thank you for taking the time to walk through the review checklist with me. Here is a link to the sensitive lands chapter, which is referenced below. Here are the clarification we talked about: State Model 2.0: Definitions: we currently have the following definition for basement(also included the definition of story since it is referenced in the basement definition: 21. "Basement" -Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as first story as defined in this section. 136. "Story"-That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under floor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point,such basement or unused under-floor space shall be considered as a story. 137. "Story,first" -The lowest story in a building that qualifies as a story,except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined in this section,for more than 50 percent of the total perimeter,or more than eight feet below grade, as defined in this section, at any point. We will add: elevated building,flood, MH park or Subdivision,Substantial Development and modify Start of Construction. State Model 4.1-1,4.1-2 and 4.1-1(3): 18.510.020.B:these are permitted outright (does not include anything that is located in the SFHA). 18.510.020.E-SFHA actions that require a Type I review. 18.510.020.F-SFHA actions that require a Type II review. 18.510.020.G-SFHA actions that require a Type III review-including actions within the floodway and floodway fringe areas. State Model 4.3-5:we will add this to our ordinance. State Model 5.1-3(3):we will make this change in our ordinance. State Model 5.1-5:we will make this change in our ordinance. State Model 5.2-3(4):Our ordinance does not allow development in residential zones. 18.510.070.B.3-only on lands designated as commercial and industrial. State Model 5.2-3(5,6 and 7):we will add this to our ordinance. State Model 5.3:We do not have an AE zones without designated floodway. State Model 5.4(2): 1 18.510.070.B.2- 1 believe this complies. Please provide me with an updated checklist based on the information provided above as soon as possible(I am very pressed to meet the state deadlines).Once I receive this, I will need to make the revisions to the ordinance and will send you for review.Thanks!! I have my PC meeting scheduled for 9/17 and CC 10/16. 1 will need to get the notice out very soon. Agnes Lindor Associate Planner City of Tigard Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Phone: 503.718.2429 Email: AgnesL@tgard-or.gov 2 U.S.Department of Homeland Security 500 C Street,SW Washington,DC 20472 FEMA uxf JUL 16 2018 • Dsy CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable John L. Cook Mayor, City of Tigard 13125 Southwest Hall Boulevard Tigard, Oregon 97223 Dear Mayor Cook: I commend you for the efforts that have been put forth in implementing the floodplain management measures for the City of Tigard, Oregon,to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: - a Flood Insurance Study(FIS) and Flood Insurance Rate Map(FIRM)have been completed for your community; - the FIS and FIRM will become effective on October 19, 2018; and - by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency(FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated April 19, 2018, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Washington County. Therefore,the City of Tigard should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for the City of Tigard will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Oregon Department of Land Conservation and Development. You may contact Christine Shirley, CFM, the NFIP State Coordinator, by telephone at(503) 373-0050, in writing at 635 Capitol Street,Northeast, Suite 150, Salem, Oregon 97301-2540, or by electronic mail at christine.shirley@state.or.us. The FEMA Regional staff in Bothell, Washington, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City of Tigard and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at(425) 487-4600 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region X, at 130 -228th Street, Southwest, Bothell, Washington 98021-8627. www.fema.gov JUL 162018 The Honorable John L. Cook Page 2 You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures,this letter is FEMA's official notification that you only have until October 19, 2018,to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by October 19, 2018. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sincerely, Rachel Sears, Director Floodplain Management Division Mitigation Directorate I FEMA cc: Mike O'Hare, Regional Administrator, FEMA Region X Christine Shirley, CFM,NFIP State Coordinator, Oregon Department of Land Conservation and Development Tom McGuire, Assistant Community Development Director, City of Tigard Oregon State Model Ordinance (Evaluation Sheet) Locality Reviewer's Name Ordinance No Date Ordinance Date Flood Zones: ❑A ❑ AE ❑ AE(w/o FW) ❑ V, VE Level of Regulations: ❑A ❑B ❑C ED DE ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section Section 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, OBJECTIVES 1.1 AUTHORIZATION The State of Oregon has in 1 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its Oregon citizenry. Therefore, the city/town/county, does Constitution, Article XI, ordain as follows: {change for tribal government} Section 2 Almost all Oregon cities and some Oregon counties will derive ORS 203.035 their authority to adopt a flood damage prevention ordinance from the home rule provisions of the Oregon Constitution. 44 CFR See Article XI, Section 2 of the Oregon Constitution and your 59.22(a)[2] local government charter, if applicable.All counties, including those without home rule charters, have been granted authority to enact ordinances under Oregon Revised Statute 203.035. 1.2 FINDINGS OF FACT (1) The flood hazard areas of city/town/county/tribe are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, 44 CFR extraordinary public expenditures for flood 59.22(1) protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money and costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; 44 CFR (5) Minimize damage to public facilities and utilities 59.22(1) such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) Ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 2 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of 44 CFR initial construction; 59.22(3) (3) Controlling the alteration of natural flood 44 CFR plains, stream channels, and natural protective 60.3(b)(1) barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; (5) Preventing or regulating the construction of 44 CFR 60.3(b)(6) flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. (6) Coordinating and supplementing the provisions of the state building code with local land use and development ordinances. Section 2.0 DEFINITIONS "APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO, or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and 44 CFR 59.1 indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. A= Flood Hazard Boundary Map OK...(') Does not Comply (X) and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 3 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any 44 CFR 59.1 given year. Designation on maps always includes the letters A or V. "BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." 44 CFR 59.1. Designation on maps always includes the letters A or V. BASEMENT means any area of the building having its floor subgrade (below ground level) on all sides. 44 CFR 59.1* "BELOW-GRADE CRAWL SPACE" means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the FEMA lowest adjacent exterior grade and the height, Technical measured from the interior grade of the crawlspace Bulletin 11 to the top of the crawlspace foundation, does not exceed 4 feet at any point. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, 44 CFR 59.1 without causing damage to the elevated portion of the building or supporting foundation system. "COASTAL HIGH HAZARD AREA" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity 44 CFR 59.1 wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-V30, VE or V. "CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be too great. ASCE 24 Critical facilities include, but are not limited to Highlights of schools, nursing homes, hospitals police, fire and 24-14 emergency response installations, installations FEMA Guidance which produce, use or store hazardous materials or hazardous waste. A= Flood Hazard Boundary Map OK...(J) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 4 of 30 ✓ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or 44 CFR 59.1* drilling operations or storage of equipment or materials located within the area of special flood hazard. "ELEVATED BUILDING" means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by 44 CFR 59.1 foundation walls, shear walls, post, piers, pilings, or columns. "FLOOD" OR "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 44 CFR 59.1 (i) The overflow of inland or tidal waters and/or (ii) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administrator has delineated both the areas of 44 CFR 59.1 special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the 44 CFR 59.1 Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood 44 CFR 59.1 without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in 44 CFR 59.1* 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 A=Flood Hazard Boundary Map OK...(J) Does not Comply (X)and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 5 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.2-1(2). "MANUFACTURED DWELLING" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached 44 CFR 59.1 to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots 44 CFR 59.1 for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after 44 CFR 59.1 the effective date of this ordinance. "RECREATIONAL VEHICLE" means a vehicle which is: (iii) Built on a single chassis; (iv) 400 square feet or less when measured at the largest horizontal projection; (v) Designed to be self-propelled or 44 CFR 59.1 permanently towable by a light duty truck; and (vi) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent 44 CFR 59.1 construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it A=Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 6 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is 44 CFR 59.1 principally above ground. "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 percent of the 44 CFR 59.1* market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means 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 either: (i) Before the "start of construction" of the improvement; or (ii) If the structure has been damaged and is being restored, before the damage occurred. (iii) The term does not, however, include either: 44 CFR 59.1* • 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 • Any alteration of a structure listed on the A=Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 7 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 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'. "VARIANCE" means a grant of relief from the requirements of this ordinance. 44 CFR 59.1* "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special 44 CFR 59.22(a) flood hazards within the jurisdiction of ;'count yj trite. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the :aty/town/county/tribe-_use county if FIRMs are in countywide format," dated month dqy, 20vr, with accompanying Flood Insurance Maps are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is 44 CFR 60.2(h) on file at location. The best available information for flood hazard area identification as outlined in Section 4.3-2 shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under section 4.3-2. 3.3 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and 44 CFR 60.2(e) other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection A=Flood Hazard Boundary Map OK...0i) Does not Comply (X)and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 8 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than amount or imprisoned for not more than ,umae days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city/town/county/tribe from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND SEVERABILITY 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 44 CFR imposes the more stringent restrictions shall prevail. 60.1 (b) If any section clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; 44 CFR (2) Liberally construed in favor of the governing 60.1 (d) body; and, (3) Deemed neither to limit or repeal any other powers granted under State statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does A= Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 9 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 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. This ordinance shall not create liability on the part of city/town/county/trim , any officer or employee thereof, or the Federal Insurance and Mitigation Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Section 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1-1 Development Permit Required A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including 44 CFR manufactured homes, as set forth in the 60.3(a)(1) "DEFINITIONS," and for all development including fill and other activities, also as set forth in the "DEFINITIONS." A=Flood Hazard Boundary Map OK...('i) Does not Comply (X) and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 10 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 4.1-2 Application for Development Permit Application for a development permit shall be made on forms furnished by the tipt., e.g. rianninq, Engineering, et_ 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) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level of flood proofing in any structure; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE LOCAL FLOODPLAIN ADMINISTRATOR The is hereby appointed to 44 CFR administer and implement this ordinance by 59.22(b)(1) granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL FLOODPLAIN ADMINISTRATOR Duties of the local floodplain administrator shall include, but not be limited to: 4.3-1 Permit Review Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (1) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior A=Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA)not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 11 of 30 CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section approval is required. (2) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.4 are met. (3) Provide to building officials the base flood elevation and freeboard applicable to any building requiring a building permit. 4.3-2 Use of Other Base Flood Data (In A and V Zones) When base flood elevation data has not been provided (A and V Zones) in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD the local administrator 44 CFR shall obtain, review, and reasonably utilize any base 60.3(b)(4) flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3 FLOODWAYS. 4.3-3 Information to be Obtained and Maintained (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement. 44 CFR (2) For all new or substantially improved 60.3(b)(5) floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in Section 4.3-2: (3) Verify and record the actual elevation (in relation to mean seal level), and (4) Maintain the floodproofing certifications required in Section 4.1-2(3). A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 12 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section (5) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of Watercourses (1) 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 and 44 CFR 60.3(b)(6)and Mitigation Administration as required in (b)(7) Section 4.3-5. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 Requirement to Submit New Technical Data (1) Notify FEMA within six months of project completion when an applicant had 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). (2) The property owner shall be responsible for 44 CFR 65.3 preparing technical data to support the LOMR application and paying any processing or application fees to FEMA. (3) The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable State and Federal laws. 4.3-6 Interpretation of FIRM Boundaries Make interpretations where needed, as to exact Optional location of the boundaries of the areas of special provision flood hazards (for example, where there appears to A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA)not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 13 of 30 CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. NOTE: If you do not include Section 4.4(Variance Procedure), end the above sentence after the word "interpretation," and add the following sentence: "such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). 4.3-7 Critical Facilities Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access ASCE24 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 substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 4.4 VARIANCE PROCEDURE 4.4-1 Appeal Board (1) The as established by ordinance shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city/town/county/t.° in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 14 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section , or any taxpayer, may appeal such decision to the , as provided in ordinonce. (4) In passing upon such applications, the shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (5) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (6) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the may attach such A= Flood Hazard Boundary Map OK...( ) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 15 of 30 Source of Local Code J CRITERIA& MODEL ORDINANCE REFERENCE CommentsAuthority Section conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) The local floodplain administrate shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4.4-2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in 44 CFR this section, provided that the alteration will 60.3(d)(4) not preclude the structure's designation as an 'historic structure'. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) A showing of good and sufficient cause, (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant, A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA)not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 16 of 30 Source of Local Code I CRITERIA& MODEL ORDINANCE REFERENCE Comments Authority Section (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public as identified in Section 4.1-4(4), or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4-2(1), and otherwise complies with Sections 5.1-1 through 5.1-3 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation and that such construction below the base flood elevation increases risks to life and property. Such notification shall be permanently maintained with the floodplain development permit. NOTE: If you do not include Section 1.1 (Variance Procedure), end the above sentence after the word "interpretation," and add the following sentence: "such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 17 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 59 76). A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 18 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards, the following standards are required: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 44 CFR 60.3 (a)(3)(i) (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using 44 CFR methods and practices that minimize flood 60.3(b)(1)44 damage. Anchoring methods may include, but CFR are not limited to, use of over-the-top or frame 60.3(b)(2) ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques) 5.1-2 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with 44 CFR 60.3 materials and utility equipment resistant to (a)(3)(ii) flood damage. (2) All new construction and substantial improvements shall be constructed using 44 CFR 60.3 methods and practices that minimize flood (a)(3)(iii) damage. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise 44 CFR 60.3 elevated or located so as to prevent water from (a)(3)(iv) entering or accumulating within the components during conditions of flooding. 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or 44 CFR 60.3 eliminate infiltration of flood waters into the (a)(5) system; A=Flood Hazard Boundary Map OK...(\I) Does not Comply (X) and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 19 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate 44 CFR 60.3 infiltration of flood waters into the systems and (a)(6)(i) discharge from the systems into flood waters; and, (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination 44 CFR 60.3 from them during flooding consistent with the (a)(6)(ii) Oregon Department of Environmental Quality. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent 44 CFR 60.3 with the need to minimize flood damage; (a)(4)(i) (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and 44 CFR 60.3 constructed to minimize or eliminate flood (a)(4)(ii) damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood 44 CFR 60.3 (a)(4)(iii) damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for 44 CFR subdivision proposals and other proposed 60.3(b)(3) developments which contain at least 50 lots or 5 acres (whichever is less). 5.1-5 Review of Building Permits Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 4.3-2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from 44 CFR Move to floodplain admin flooding. The test of reasonableness is a local 60.3(a)(3) duties? judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. A=Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E = Flood Insurance Rate Map with floodways and V zones Page 20 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 5.1-6 AH and AO Zone Drainage Adequate drainage paths are required around 44 CFR structures on slopes to guide floodwaters around 60.3(c)(11) and away from proposed structures. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data (In A and V Zones), the following provisions are required: 5.2-1 Residential Construction (1) New construction and substantial improvement of any residential structure shall 44 CFR have the lowest floor, including basement, 60.3(c)(7) elevated to a minimum of one foot above the base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be 44 CFR either be certified by a registered professional 60.3(c)(5) engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher 44 CFR than one foot above grade. 60.3(c)(5) (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided 44 CFR that they permit the automatic entry and exit of 60.3(c)(5) floodwaters. (iv) If a building has more than one enclosed area below the lowest floor, each area shall be 44 CFR 60.3(c)(5) equipped with adequate flood openings. A=Flood Hazard Boundary Map OK...hI) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 21 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum according to design classes set forth in ASCE 24; or, together with attendant utility and sanitary facilities, shall: 44 CFR 60.3 (1) Be floodproofed so that below the base (c)(3)(i) flood level the structure is watertight with walls 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 44 CFR engineer or architect that the design and 60.3(c)(3)(ii) methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as 44 CFR set forth in Section 4.3-3(2); 60.3(c)(4)(i) (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2); (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a 44 CFR building floodproofed to the base flood level 60.3(c)(5) will be rated as one foot below. (6) Applicants shall supply a Maintenance Plan for the entire structure to include but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to A=Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 22 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section the structure; all seals or gaskets for shields, gates, barriers, or components; and, the location of all shields, gates, barriers, and components as well as all associated hardware, and any materials or specialized tools necessary to seal the structure. (7) Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP. 5.2-3 Manufactured Dwellings (1) Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with 5.1-1(2) above; 44 CFR (2) The bottom of the longitudinal chassis frame 60.3(c)(12)(ii) beam in A zones, shall be at or above BFE; (3) The manufactured dwelling shall be anchored 44 CFR to prevent flotation, collapse, and lateral 60.3(b)(8) 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 44 CFR Home Installation in Flood Hazard Areas" 60.3(c)(6)(iv) guidebook for additional techniques), and; (4) Electrical crossover connections shall be a minimum of 12 inches above BFE. 5.2-4 Recreational Vehicles Recreational vehicles placed on sites are required to: (1) Be on the site for fewer than 180 consecutive days, and (2) Be fully licensed and ready for highway use, on 44 CFR 60.3 its wheels or jacking system, is attached to the (c)(14)(i-iii) site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (3) Meet the requirements of 5.2-3 above and the elevation and anchoring requirements for A= Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA)not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 23 of 30 Source of Local Code J CRITERIA& MODEL ORDINANCE REFERENCE Comments Authority Section manufactured homes. 5.2-5 Small Accessory Structures Relief from elevation or floodproofing as required in 5.2-1 or 5-2-2 above may be granted for small accessory structures that are: (1) Less than 200 square feet and do not exceed one story; (2) Not temperature controlled; (3) Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged; (4) Not used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality shall unless confined in a tank installed in compliance with this ordinance or stored at least one foot above Base Flood Elevation (5) Located and constructed to have low damage potential; (6) Constructed with materials resistant to flood damage; (7) Anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood; (8) Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or (i) provide a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all openings shall be no higher than one foot above the higher of the exterior or A= Flood Hazard Boundary Map OK...(i) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 24 of 30 CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section interior grade or floor immediately below the opening; (iii) openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions without manual intervention. (9) 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. 5.2-6 Below-grade crawl spaces Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas: (1) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in Section B below. Because of hydrodynamic loads, crawlspace construction is 44 CFR not allowed in areas with flood velocities 60.3(c)(5) greater than five (5) feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas. (2) The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one (1) foot above the lowest adjacent exterior grade. (3) Portions of the building below the BFE must be A=Flood Hazard Boundary Map OK...(V) Does not Comply (X)and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 25 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE. (4) Any building utility systems within the crawispace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. (5) The interior grade of a crawlspace below the BFE must not be more than two (2) feet below the lowest adjacent exterior grade. (6) The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four (4) feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas. (7) There must be an adequate drainage system that removes floodwaters from the interior area of the crawispace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means. (8) The velocity of floodwaters at the site should A=Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 26 of 30 CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section 5.4 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Except as provided in paragraph (3), prohibit 44 CFR encroachments, including fill, new construction, 60.3(d)(2) substantial improvements, and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in base flood or floodway elevations when compared to pre- 44 CFR 60.3(d)(3) project conditions. (2) If Section 5.4(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION or ASCE 24, whichever is more stringent. (3) Temporary structures placed in the floodway: Relief from no-rise evaluation, elevation or dry flood-proofing standards may be granted for a non-residential structure placed during the dry season (June—October) and for a period of less than 90 days. A plan for the removal of the temporary structure after the dry season or when a flood event threatens shall be provided. The plan shall include disconnecting and protecting from water infiltration and damage all utilities servicing the temporary structure. 5.5 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FIRMs as AO zones 44 CFR with depth designations. The base flood depths in 60.3(c)(7) these zones range from 1 to 3 feet above ground 44 CFR A=Flood Hazard Boundary Map OK...(Ai) Does not Comply (X)and explain; (NA)not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 28 of 30 CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section not exceed five (5) feet per second for any crawlspace. For velocities in excess of five (5) feet per second, other foundation types should be used. For more detailed information refer to FEMA Technical Bulletin 11-01. ADDITIONAL OPTIONS Include the diagrams from the Technical Bulletin in the ordinance to illustrate the 2 ft./4 ft. rules but revise to correctly reference the state building code requirements to elevate 1 ft. above BFE for residential structures. Include language advising citizens about the increased insurance cost associated with below- grade crawlspaces. There is a charge added to the basic policy premium for a below-grade crawlspace. 5.3 BEFORE REGULATORY FLOODWAY In areas where a regulatory floodway has not been designated, and where the Flood Insurance Study indicates that it is possible to calculate a floodway, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's 44 CFR 60.3 FIRM, unless it is demonstrated that the cumulative (c)(10) effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. A=Flood Hazard Boundary Map OK...(-Ni) Does not Comply (X)and explain; (NA) not applicable B= Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E =Flood Insurance Rate Map with floodways and V zones Page 27 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section where a clearly defined channel does not exist, or 60.3(c)(8) where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding 44 CFR 60.3 (c)(8)(ii) is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above two feet above highest adjacent grade so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in section 5.2-2(3). (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i) Be on the site for fewer than 180 A= Flood Hazard Boundary Map OK...(-V) Does not Comply (X)and explain; (NA)not applicable B= Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E= Flood Insurance Rate Map with floodways and V zones Page 29 of 30 JCRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section consecutive days, and 44 CFR (ii) Be fully licensed and ready for highway use, 60.3(c)(11) 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 44 CFR 60.3 (iii) Meet the requirements of 5.5 above and the (c)(14)(i-iii) elevation and anchoring requirements for manufactured homes. 5.6 COASTAL HIGH HAZARD AREAS Located within areas of special flood hazard established in Section 3.2 are Coastal High Hazard Areas, designated as Zones V1-V30, VE, V, or coastal A Zones. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this ordinance and state building codes, the following provisions shall also apply: (1) All new construction and substantial improvements in Zones V1-V30 and VE, V (where base flood elevation data is available), and coastal A zones shall be elevated on pilings and columns such that: (i) The bottom of the lowest horizontal structural member of the lowest floor 44 CFR (excluding the pilings or columns) is elevated 60.3(e)(4) a minimum of one foot above the base flood Building code level; and (coastal A (ii) The pile or column foundation and structure zones) attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. 44 CFR Wind and water loading values shall each 60.3(e)(4) have a one percent chance of being equaled or exceeded in and given year (100-year mean recurrence interval); (2) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, 44 CFR and shall certify that the design and methods 60.3(e)(4) of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (i) and (ii) of this A=Flood Hazard Boundary Map OK...(\I) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 30 of 30 J CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section Section. (3) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially 44 CFR improved structures and whether or not such 60.3(e)(2) structures contain a basement. The local administrator shall maintain a record of all such information. (4) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. 44 CFR For the purpose of this section, a breakaway 60.3(e)(5) wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (5) Breakaway wall collapse shall result from water 44 CFR 60.3 load less than that which would occur during (e)(5)(i) the base flood; and (6) If breakaway walls are utilized, such enclosed space shall be useable solely for parking of 44 CFR 60.3 vehicles, building access, or storage. Such (e)(5) space shall not be used for human habitation. (7) Walls intended to break away under flood loads shall have flood openings that meet or Building code exceed the following criteria: A= Flood Hazard Boundary Map OK...(I) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C= Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 31 of 30 ./ CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) If a building has more than one area enclosed by breakaway walls, each area shall be equipped with sufficient flood openings. (8) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100- year mean recurrence interval). (9) Prohibit the use of fill for structural support of 44 CFR buildings. 60.3(e)(6) (10) All new construction shall be located landward of the reach of mean high tide. (11) Prohibit man-made alteration of sand dunes 44 CFR which would increase potential flood damage. 60.3(e)(7) (12) All manufactured homes to be placed or substantially improved within Zones V1-V30, V, 44 CFR VE or coastal A zones on the community's 60.3(e)(7)(i- FIRM on sites meet the standards of iii) paragraphs 5.6(1) through (11) of this section. (13) Recreational vehicles placed on sites within Zones V1-30, V, VE, or coastal A zones on the community's FIRM either: (i) Be on the site for fewer than 180 44 CFR consecutive days, 60.3(e)(9)(i- (ii) Be fully licensed and ready for highway use, iii) on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently A=Flood Hazard Boundary Map OK...(J) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D=Flood Insurance Rate Map with floodways June 2018 E=Flood Insurance Rate Map with floodways and V zones Page 32 of 30 L / CRITERIA& MODEL ORDINANCE REFERENCE Source of Local Code Comments Authority Section attached additions; or (iii) Meet the requirements of Section 4.1- 1(Permitting requirements) and paragraphs 5.6(1) through (11) of this section. (14) For construction of new essential and new special occupancy structures refer to ORS 455.446 and 447 which states that new essential and new special occupancy structures may not be constructed in the Tsunami Inundation Zone. The Tsunami Inundation Zone would include V, A, and potentially other flood zones. If an exception is granted then the Coastal High Hazard Area construction standards in the model ordinance shall apply to the building of these new structures in the Tsunami Inundation Zone. Coastal communities should be encouraged to adopt Coastal High Hazard Area standards to all new structures or substantially improved or damaged structures that fall within the Tsunami Inundation Zone. A=Flood Hazard Boundary Map OK...('/) Does not Comply (X)and explain; (NA) not applicable B=Flood Insurance Rate Map without elevation C=Flood Insurance Rate Map with base flood elevations D= Flood Insurance Rate Map with floodways June 2018 E = Flood Insurance Rate Map with floodways and V zones Page 33 of 30