CHAPTER 153
Flood Hazard Prevention

Section

General Provisions

153.01    Purpose

153.02    Definitions

153.03    Lands to which chapter applies

153.04    Establishing areas of special flood hazard

153.05    Abrogation and greater restrictions

153.06    Interpretation

153.07    Disclaimer of liability

Flood Hazard Protection

153.20    General standards

153.21    Specific standards

153.22    Floodways

Administration and Requirements

153.35    Enforcement by City Manager; duties

153.36    Development permit required

153.99    Penalty

GENERAL PROVISIONS

153.01 PURPOSE.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for:

(A)    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;

(B)    Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;

(C)    Controlling the alteration of natural flood plains, stream channels and natural protective barriers which help accommodate or channel flood waters;

(D)    Controlling filling, grading, dredging and other development which may increase flood damage; and

(E)    Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 2167, passed 8-23-10)

153.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPEAL. A request for review of the Floodplain Administrator’s interpretation of provisions of this chapter or request for a variance.

AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year. Designation on maps always includes the letter "A."

BASEMENT. The portion of a structure with its floor sub grade (below ground level) on all sides.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year also referred as the "100-year flood." Designation on maps always includes the letter "A."

CRITICAL FACILITY. A facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential and occupancy structures, special occupancy structures, essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material storage facilities.

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 located within the area of special flood hazard.

ELEVATED BUILDING. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)    The overflow of inland or tidal waters; and/or

(2)    The unusual and rapid accumulation of runoff or surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRMS). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY. 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.

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.

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 the enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of this chapter found at § 153.21.

MANUFACTURED HOME. A structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this chapter.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

START OF CONSTRUCTION. 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 preparations such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation 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.

STRUCTURE. A walled and roofed building or mobile home including a gas or liquid storage tank that is principally above ground.

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% of its market value before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(1)    Before the improvement or repair is started; or

(2)    If the structure has been damaged and is being restored before the damage occurred. For the purpose of this chapter, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

VARIANCE. A grant of relief by the governing body from a requirement of this chapter.

(Ord. 2167, passed 8-23-10)

153.03 LANDS TO WHICH CHAPTER APPLIES.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. 2167, passed 8-23-10)

153.04 ESTABLISHING 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 (FIS) for Umatilla County, Oregon and Incorporated Areas, dated September 3, 2010, with accompanying Flood Insurance Rate Maps are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Hermiston City Hall, 180 N.E. 2nd Street, Hermiston, Oregon 97838.

(Ord. 2167, passed 8-23-10)

153.05 ABROGATION AND GREATER RESTRICTIONS.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenant, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, deed restriction or code provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 2167, passed 8-23-10)

153.06 INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(A)    Considered as minimum requirements;

(B)    Liberally construed in favor of the governing body; and

(C)    Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 2167, passed 8-23-10)

153.07 DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 2167, passed 8-23-10)

FLOOD HAZARD PROTECTION

153.20 GENERAL STANDARDS.

In all areas of special flood hazards, the following standards are required:

(A)    Anchoring.

(1)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2)    All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (Reference FEMA’s Manufactured Home Installation in Flood Hazard Areas guidebook for additional techniques).

(B)    Construction material and methods.

(1)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3)    Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(C)    Utilities.

(1)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

(2)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(D)    Subdivision proposals.

(1)    All subdivision proposals shall be consistent with the need to minimize flood damage;

(2)    All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4)    Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).

(E)    Review of building permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, as described in § 153.35, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of 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.

(Ord. 2167, passed 8-23-10) Penalty, see § 153.99

153.21 SPECIFIC STANDARDS.

In all areas of special flood hazards where base flood elevations data has been provided as set forth in §§ 153.04 or 153.35, the following provisions are required:

(A)    Residential construction.

(1)    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one 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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(a)    A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(b)    The bottom of all openings shall be no higher than one foot above grade.

(c)    Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(B)    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; and

(3)    Be certified by a registered engineer or architect that the design and methods of construction are in accordance with accepted standards or practices for meeting provisions of this division based on their development and/or review of the structural design, specifications and plans. Certifications shall be provided to the official as set forth in § 153.35(C)(2);

(4)    Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in division (A)(2) of this section;

(5)    Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level).

(C)    Manufactured homes. All manufactured homes to be placed or substantially improved with Zones A1 30, AH, and AE shall be elevated on a permanent foundation that the lowest floor of the manufactured home is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of § 153.20(A)(2).

(D)    Recreational vehicles. Recreational vehicles placed on sites are required to either:

(1)    Be on the site for fewer than 180 consecutive days,

(2)    Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions;

(3)    Meet the requirements of division (C) of this section and the elevation and anchoring requirements for manufactured homes; or

(4)    Meet all requirements of § 72.09 of this Code of Ordinances regarding the parking of recreational vehicles outside of recreational vehicle parks.

(E)    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 or to the height of the 500 year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic 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.

(Ord. 2167, passed 8-23-10) Penalty, see § 153.99

153.22 FLOODWAYS.

Located within areas of special flood hazard established in § 153.04 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

(A)    Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(B)    If division (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 153.20 through 153.22.

(Ord. 2167, passed 8-23-10) Penalty, see § 153.99

ADMINISTRATION AND REQUIREMENTS

153.35 ENFORCEMENT BY CITY MANAGER; DUTIES.

(A)    Designation. The City Manager or his or her designee is hereby appointed to administer and implement floodplain administration and the other standards of this chapter by granting or denying development permit applications in accordance with its provisions.

(B)    Duties and responsibilities. Duties of the City Manager or his or her designee shall include but not be limited to:

(1)    Permit review.

(a)    Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(b)    Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(c)    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 § 153.22(A) are met.

(2)    Use of other base flood data. When base flood elevation data has not been provided in accordance with § 153.04, the city shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of § 153.21.

(3)    Information to be obtained and maintained.

(a)    Where base flood elevation data is provided through the flood insurance study or required as in division (B)(2) above, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.

(b)    For all new or substantially improved floodproofed structures:

1.    Verify and record the actual elevation (in relation to mean sea level);

2.    Maintain the floodproofing certifications required in § 153.21(B)(3); and

3.    Maintain for public inspection all records pertaining to the provisions of this chapter.

(4)    Alteration of watercourses.

(a)    Notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse and submit evidence of notification to the Federal Insurance Administration.

(b)    Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.

(5)    Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. 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).

(Ord. 2167, passed 8-23-10)

153.36 DEVELOPMENT PERMIT REQUIRED.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 153.04. The permit shall be for all structures including manufactured homes, as set forth in the definitions, and for all other development including fill and other activities, also as set forth in the definitions. Prior to issuance of a development permit the following information is required:

(A)    Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

(B)    Elevation in relation to mean sea level to which any structure has been floodproofed;

(C)    Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 153.21(B); and

(D)    Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

(Ord. 2167, passed 8-23-10) Penalty, see § 153.99

153.99 PENALTY.

(A)    No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

(B)    Any person who violates this chapter or fails to comply with any of its requirements commits a Class A violation for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2167, passed 8-23-10)