Chapter 19.69A
FLOOD HAZARD OVERLAY
Sections:
19.69A.020 Flood hazard areas.
19.69A.030 General rules of administration.
19.69A.040 Administration in approximate floodplain (or unnumbered “A” zone) flood hazard areas.
19.69A.050 Administration in floodway fringe (or numbered “A” zone) areas.
19.69A.055 Administration in floodway fringe areas without mapped floodway.
19.69A.060 Administration in floodway areas.
19.69A.070 Divisions of land in flood hazard areas.
19.69A.080 Development permit requirements.
19.69A.090 Property development standards.
19.69A.091 Alteration of watercourses.
19.69A.092 Variance to elevation standards.
19.69A.093 Variance procedure.
19.69A.010 Purpose.
A. It is the purpose of this overlay to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To qualify residents of the County for flood insurance through the Federal Emergency Management Administration, Federal Insurance Administration;
4. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
5. To minimize prolonged business interruptions;
6. To minimize damage to public facilities and utilities including water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
7. To 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;
8. To ensure that potential buyers are notified property is in an area of special flood hazard;
9. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. In order to accomplish its purposes, this chapter 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 and related structures and facilities which are vulnerable to floods are protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas.
C. 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 manmade or natural causes. This chapter does not imply that land outside of flood hazard areas or uses permitted within those areas will be free from flooding and flood damage. This chapter shall not create liability on the part of Josephine County including any officer or employee, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under the provisions of this title or chapter. [2005 RLDC § 69.110.]
19.69A.020 Flood hazard areas.
This chapter shall apply to all areas of flood hazard within Josephine County as identified in the Flood Insurance Study for Josephine County, Oregon, and Incorporated Areas (two volumes), with Flood Insurance Rate Map panels and a map index, effective December 3, 2009, prepared by the Federal Emergency Management Agency for use in the administration of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. The study, maps and index are adopted by this reference and incorporated into this code. The documents are on file in the Josephine County Planning Office. Flood hazard areas include the following: approximate floodplain (or unnumbered “A” zones), floodway fringe (or numbered “A” zones), and floodway. (See Chapter 19.11 JCC for these and other definitions related to flood hazard administration.) [Ord. 2009-003 § 1 (Exh. A); 2005 RLDC § 69.120.]
19.69A.030 General rules of administration.
A. The Planning Director is designated the Floodplain Administrator for Josephine County and has the authority to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The duties and responsibilities shall include, but not be limited to:
1. Interpret the location of the boundaries for all flood hazard areas and impose any conditions upon development which are reasonably necessary to accomplish the purposes of this chapter.
2. Determine that the permit requirements of this chapter have been satisfied.
3. Determine that all necessary federal, state, and local permits have been obtained.
4. Assure all development where base flood elevation has not been provided meets the requirements of JCC 19.69A.040.
5. Assure all development where a base flood elevation data have been provided meets requirements of JCC 19.69A.050.
6. Assure all development located in a floodway meets requirements of JCC 19.69A.060.
7. Maintain and make available to the public all permit applications, elevation certificates, letters of map amendment (LOMA), letters of map revision (LOMR), and letters of map revision – based on fill (LOMR-F).
B. For all new or substantially improved structures, the Building Safety Director’s duties and responsibilities shall include, but not be limited to:
1. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement).
2. Implement building requirements for flood hazard areas.
3. Maintain floodproofing certificates.
C. In order to best accomplish the purposes of this chapter, the administration of any of its provisions shall be subject to the following special rules:
1. Any condition or requirement imposed on development within a flood hazard area shall be considered the minimum requirement, and this chapter shall not preclude more restrictive measures from being imposed by the County or any other jurisdiction or agency having concurrent authority, now or in the future;
2. Where conditions imposed by this chapter are less restrictive than corresponding requirements imposed by any other jurisdiction or agency also having authority within a flood hazard area, the Planning Director is authorized to administer such other requirements as necessary to promote the purposes of this chapter; and
3. Questions of interpretation shall be liberally construed to protect the public health, safety and welfare by restricting development in flood hazard areas. [2005 RLDC § 69.130.]
19.69A.040 Administration in approximate floodplain (or unnumbered “A” zone) flood hazard areas.
A. When the proposed development is located on a site subject to periodic flooding, the development is subject to the requirements of JCC 19.69A.050. If the proposed development is “reasonably safe from flooding” because of geographical, elevation, historical flood patterns, or other factors, the application for development shall support the request by submitting the following information:
1. The applicant shall obtain a statement from a licensed professional, such as a geologist, soil scientist, engineer, surveyor or other similarly qualified professional, certifying the development is reasonably safe from flooding. The statement shall discuss the basis for the certification, and shall reference and attach the sources of information used to support the statement.
2. If helpful in the evaluation, the Director may require the submission of a scaled map of the property with the location of the flood hazard area delineated.
B. Whether a development site is reasonably safe from flooding is a question of local judgment based on historic sources of information, which may include any of the following:
1. Notarized statements from eyewitnesses of flood conditions at the site during a time of known flooding;
2. Old newspaper articles or other self-authenticating records or documents which depict or describe flood conditions at the site during a time of known flooding;
3. Old photographs depicting flood conditions at the site at a time of known flooding;
4. Documented conditions at the site, which may include high water marks, soil or vegetation disturbances, or other physical or geological circumstances which are relevant to establish the historic flood location.
C. The Director shall review the information submitted pursuant to subsection (B) of this section, along with any other evidence the Director believes may be helpful in making a determination as to the exact location of the flood hazard area at the site. The Director’s determination as to the location of the flood hazard area in relationship to the proposed development shall be documented by attachment to the development permit, together with a description of special conditions, if any, placed on the development.
D. Failure to elevate at least two feet above grade in this flood hazard area may result in higher insurance rates. [2005 RLDC § 69.140.]
19.69A.050 Administration in floodway fringe (or numbered “A” zone) areas.
A. The Director is authorized to review all applications for development and to impose mitigating conditions upon development which are reasonably necessary to accomplish the purposes of this chapter. At a minimum, all development shall meet the following requirements:
1. Structures shall be located at the site which is least impacted by inundation. In administering this condition, the Director is authorized to consider evidence of past flooding, as well as the geographic and geologic circumstances of the property. Whenever the Director believes it is helpful in making this determination, the Director is authorized to require the applicant to submit evidence as required in JCC 19.69A.040(B).
2. All development permit requirements of JCC 19.69A.080.
3. All property development requirements per JCC 19.69A.090. [2005 RLDC § 69.150.]
19.69A.055 Administration in floodway fringe areas without mapped floodway.
The Director is authorized to review all applications for development within floodway fringe areas where the boundaries of the floodway have not been mapped by imposing mitigating conditions upon development which are reasonably necessary to accomplish the purposes of this chapter and section. At a minimum, all development shall meet the requirements of subsection (A) or (B) of this section:
A. The applicant shall submit evidence prepared by an Oregon registered professional engineer in accordance with accepted engineering practices that identifies floodway boundaries at the development site. Depending upon whether the proposed development is located inside or outside of the regulatory floodway, the requirements of JCC 19.69A.050 (floodway fringe areas) or 19.69A.060 (floodway areas) shall apply. The location of the floodway boundaries shall be presumed to lie equally on both sides of the centerline of the affected stream.
B. The applicant shall submit evidence prepared by an Oregon registered professional engineer in accordance with accepted engineering practices that shows the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood to rise more than one foot at any point within the community. For the purposes of administering this section, “anticipated development” shall mean development for which an application is currently under review for permit approval by the Planning and/or Building Safety Departments. The County will collect and separately maintain records for pending and approved developments within the floodway fringe areas without mapped floodway boundaries and make such records available for use by applicants for doing the one-foot rise analysis. [Ord. 2009-003 § 1 (Exh. A).]
19.69A.060 Administration in floodway areas.
A. The Director is authorized to review all applications for development and to impose mitigating conditions which are reasonably necessary to accomplish the purposes of this chapter. At a minimum, all development shall meet the following requirements:
1. All encroachments (including fill, new construction, substantial improvements and all other development) are prohibited unless a floodway study is provided from a registered engineer or architect demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment will not result in any increase (“no-rise”) in flood levels within the community during the occurrence of the base flood discharge.
2. All development permit requirements of JCC 19.69A.080.
3. All property development requirements of JCC 19.69A.090.
B. An application shall be accompanied by the following information:
1. A site review application which meets the requirements of JCC 19.42.050 and which includes the following additional information:
a. The nature, location, dimensions, contours and elevations for all areas of development, including those involving excavation and/or fill; and
b. The location of existing or proposed structures, areas of fill, storage areas and drainage facilities;
2. A written description of the kind and location of the on-site waste disposal system, together with an explanation of how the system has been designed and located so as to avoid impairment of use or leakage during times of flooding;
3. A written description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;
4. Hydraulic backwater computer models of the 100-year flood and floodway water-surface profiles;
5. A copy of the National Flood Insurance Program map showing the existing floodway with the project location identified;
6. Topographic mapping of the entire project area indicating the locations of all cross-sections used in the modified hydraulic model and a plan view of all project elements;
7. Construction plans for all project elements, including measures employed to provide additional effective conveyance certified by a registered engineer;
8. A loss of conveyance hand computation;
9. Documentation that measures compensating for lost conveyance will be maintained perpetually;
10. An executed “no-rise” certificate from a registered engineer. [2005 RLDC § 69.160.]
19.69A.070 Divisions of land in flood hazard areas.
All proposals for the division of land within a flood hazard area shall comply with the following standards:
A. Demonstrate building sites on all lots are in compliance with all the provisions of this chapter. This standard does not apply to lots which will be created around dwellings already lawfully developed prior to the division;
B. All new lots shall have available public utilities and facilities, including sewer, gas, electric, and water systems located and constructed so as to minimize damage due to flooding;
C. Adequate drainage shall be provided to reduce the risk of damage to the development and surrounding lands due to flooding;
D. Provide base flood elevation data when this information is not available from another authoritative source and the division will create 50 lots or the original parcel is larger than five acres. [2005 RLDC § 69.170.]
19.69A.080 Development permit requirements.
A. A development permit shall be obtained before any development as defined in JCC 19.11.060 occurs on lands located within a flood hazard area.
B. A development permit within approximate floodplain areas (or unnumbered “A” zones) or floodway fringe (or numbered “A” zones) shall be processed using ministerial review procedures as set forth in Chapter 19.22 JCC.
C. A development permit within a floodway shall require pre-application for site plan review as provided in JCC 19.42.030.
D. Nonstructural development such as mining, dredging, filling, grading, paving, stockpiling of materials and excavation must be authorized by a development permit. [2005 RLDC § 69.180.]
19.69A.090 Property development standards.
The property development standards in the underlying zone shall apply to all development regulated by this chapter. The standards contained in this chapter shall be in addition to the standards of the underlying zone.
A. General Standards for All Flood Hazard Areas.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b. 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).
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 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.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
B. Specific standards for all flood hazard areas where base flood elevation data has been provided (numbered A or AE zones – floodway and floodway fringe).
1. All Residential Construction (Except Manufactured Homes).
a. New construction and substantial improvement of any conventional residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.
b. 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 either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[1] 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.
[2] The bottom of all openings shall be no higher than one foot above grade.
[3] Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
2. Manufactured Homes.
a. All manufactured homes to be placed or substantially improved on sites:
[1] Outside of a manufactured home park or subdivision;
[2] In a new manufactured home park or subdivision;
[3] In an expansion to an existing manufactured home park or subdivision; or
[4] In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;
shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 18 inches above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1 – 30 and AE (or floodway and floodway fringe) that are not subject to the above manufactured home provisions must be elevated so that either:
[1] The lowest floor of the manufactured home is elevated 18 inches above the base flood elevation; or
[2] The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.
3. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and methods for 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;
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1) of this section;
e. 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 floodproofed to the base flood level will be rated as one foot below).
4. Recreation Vehicles. Recreation vehicles placed within flood hazard areas are required to either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking system, be 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 subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured homes. [2005 RLDC § 69.190.]
19.69A.091 Alteration of watercourses.
A. The Director shall notify the Oregon Department of Land Conservation and Development, the Division of State Lands, the Water Resources Board, and any abutting municipality whenever a development proposes to alter or relocate a watercourse, and submit evidence of the notification to the Federal Insurance Administration. The Director shall review all agency and municipal comments and incorporate any recommended conditions for development in the permit where it is appropriate in the Director’s opinion. At a minimum, the Director shall assure that:
1. Any alteration or relocation shall not diminish the capacity of a watercourse to carry floodwaters; and
2. Maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. [2005 RLDC § 69.191.]
19.69A.092 Variance to elevation standards.
A. Variances as interpreted in the National Flood Insurance Program are based on the principle that they pertain to a physical piece of property, are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. 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 that the items listed below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B. The application for a variance from the flood standards shall contain the following information:
1. A description of the variance requested, why it is necessary, and how failure to grant the variance will result in exceptional hardship to the applicant;
2. A plot plan which meets the requirements of JCC 19.41.020(B)(3) in duplicate, which shows the following additional information:
a. The nature, location, dimensions, contours and elevations of the area in question;
b. Existing or proposed structures, fill, storage of materials, drainage facilities;
3. The developer shall obtain a certificate from a qualified professional (i.e., soil geologist, engineer, surveyor) that the development is reasonably safe from flooding as set forth in JCC 19.69A.040(A);
4. A description of the on-site waste disposal systems which shall be located to avoid impairment to them or contamination from them during flooding;
5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
6. A statement discussing if the variance will grant a special privilege not normally enjoyed by property owners in the vicinity. [2005 RLDC § 69.192.]
19.69A.093 Variance procedure.
A. An application for a variance under this section shall be processed as follows:
1. The application shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC and shall be subject to the standards set out in JCC 19.69A.094;
2. Upon consideration of the factors of this section and the purposes of this chapter, the Review Body may attach any conditions deemed necessary to further the purposes of this chapter;
3. 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 rise resulting from the reduced lowest floor elevation;
4. A decision of the Review Body may be appealed within 10 days under Chapter 19.33 JCC.
B. The Review Body shall maintain the records of all variances, including technical information, and shall report any variances to the Federal Insurance Administration upon request. [2005 RLDC § 69.193.]
19.69A.094 Variance criteria.
The following criteria shall be considered before granting a variance:
A. All technical evaluations, all relevant factors, and standards specified in other sections of this chapter;
B. The justification for the variance must address:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of any damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations on the property for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
11. The costs of providing 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;
C. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section;
D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result;
E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
F. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (B) of this section, or conflict with existing local laws or codes; and
4. A finding that the variance will not result in special privileges not normally enjoyed by property owners in the vicinity;
G. 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 subsection (B) of this section and the standards required by the Building and Safety Department. [2005 RLDC § 69.194.]