(A)
The Floodplain (FP) Overlay District is established to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas. The provisions of this section are designed to:
(1)
Protect human life and health.
(2)
Minimize expenditure of public money on 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.
(5)
Minimize damage to public facilities and utilities, including, but not limited to: water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards.
(6)
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding.
(7)
Notify potential buyers that the property is in a special flood hazard area, and as applicable, notify potential buyers when development has been approved under a variance to the Floodplain Overlay District standards.
(8)
Minimize the threat to persons, property, and urban water quality from flooding, and inadequate or improper drainage resulting from uncontrolled development or redevelopment of land to include filling, grading, excavation, removal; earthwork construction including berms and dikes; stockpiling of materials; or other land and drainage alterations.
(9)
Notify those who occupy special flood hazard areas that they assume responsibility for their actions.
(10)
Participate in and maintain eligibility for flood insurance and disaster relief.
(B)
In order to accomplish the purpose, this section includes methods and provisions for:
(1)
Restricting or prohibiting uses and development 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 development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3)
Controlling the alteration of natural floodplains, stream channels, and protective 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 flood barriers which will unnaturally divert flood waters, or which may increase special flood hazards in other areas.
(6)
Issuing a Floodplain Development Permit.
(6434)
For the purposes of the Floodplain Overlay District only, the following definitions apply. Where the definitions in this section conflict with a definition provided in SDC 6.1.105 or SDC 6.1.110, the definition in this section will prevail. Unless specifically defined below or in SDC 6.1.110, words or phrases used in this Floodplain Overlay District shall be interpreted so as to give them the meaning they have in common usage.
A Appeal. Area of Shallow Flooding. Area of Special Flood Hazard.
A request for a review of the interpretation of any provision of this section or a request for a variance.
A designated Zone AO, AH, AR/AO or AR/AH on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. “Special flood hazard area” is synonymous in meaning and definition with the phrase “area of special flood hazard.”
B Base Flood. Base Flood Elevation (BFE). Basement. Building.
The flood having a 1 percent chance of being equaled or exceeded in any given year.
The elevation to which floodwater is anticipated to rise during the base flood.
Any area of the building having its floor subgrade (below ground level) on all sides.
See “Structure.”
C Community.
The City of Springfield and the area within Springfield’s planning and building safety jurisdiction which extends out to Springfield’s urban growth boundary.
D 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.
F Flood or Flooding.(1) (a) (b) (c) (2) Flood Elevation Study. Flood Insurance Rate Map (FIRM). Flood Insurance Study (FIS). Flood Proofing. Floodplain or Flood Prone Area. Floodplain Administrator. Floodplain Management. Floodplain Management Regulations. Floodway. Functionally Dependent Use.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) of this definition.
See “Flood Insurance Study.”
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).
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.
Any land area susceptible to being inundated by water from any source. See “Flood or Flooding.”
The community official designated by title to administer and enforce the floodplain management regulations.
The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance), and other application of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
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 a designated height. Also referred to as “Regulatory Floodway.”
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.
H Highest Adjacent Grade. Historic Structure.(1) (2) (3) (4)
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
L Letter of Map Change (LOMC).(1) (2) (3) (4) (5) (6) (7) Lowest Floor.
An official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. The following are categories of LOMCs:
Conditional Letter of Map Amendment (CLOMA).
A CLOMA is FEMA’s comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1-percent-annual-chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.
Conditional Letter of Map Revision (CLOMR).
A CLOMR is FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.
Conditional Letter of Map Revision based on Fill (CLOMR-F).
A CLOMR-F is FEMA’s comment on a proposed project that would, upon construction, result in a modification of the special flood hazard area through the placement of fill outside the existing regulatory floodway.
Letter of Map Amendment (LOMA).
An official amendment, by letter, to the Flood Insurance Rate Maps (FIRMs) based on technical data showing that an existing structure, parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been elevated by fill) above the base flood, that was inadvertently included in the special flood hazard area.
Letter of Map Revision (LOMR).
A LOMR is FEMA’s modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LMOR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.
Letter of Map Revision Based on Fill (LOMR-F).
A LOMR-F is FEMA’s modification of the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.
PMR.
A PMR is FEMA’s physical revision and republication of an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.
M Manufactured Dwelling. Manufactured Dwelling Park or Subdivision. Mean Sea Level.
A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured dwelling” does not include a “recreational vehicle” and is synonymous with “manufactured home.”
A parcel (or contiguous parcels) of land divided into 2 or more manufactured dwelling lots for rent or sale.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community’s Flood Insurance Rate Map are referenced.
N New Construction.
For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the City of Springfield and includes any subsequent improvements to such structures.
R Recreational Vehicle.(1) (2) (3) (4) Regulatory Floodway.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
See “Floodway.”
S Special Flood Hazard Area. Start of Construction. Structure. Substantial Damage. Substantial Improvement.(1) (2)
See “area of special flood hazard” for this definition.
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 from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured dwelling on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured dwelling.
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.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
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 “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
V Variance. Violation.
A grant of relief by the City of Springfield from the terms of a flood plain management regulation.
The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.
W Water Surface Elevation.
The height, in relation to the National Geodetic Vertical Datum (NGVD)of 1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(6434)
(A)
The FP Overlay District applies to all areas of special flood hazard within the Springfield urban growth boundary.
(B)
The areas of special flood hazard are identified as follows:
(1)
Those areas identified by the Federal Insurance Administration in scientific and engineering reports entitled “THE FLOOD INSURANCE STUDY (FIS) FOR THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON,” dated June 2, 1999 and any revision thereto, and “THE FLOOD INSURANCE STUDY FOR LANE COUNTY, OREGON, UNINCORPORATED AREAS,” dated June 2, 1999 and any revisions thereto, with accompanying Flood Insurance Rate Map (FIRM) panels 1133, 1134, 1135, 1141, 1142, 1144, 1153, 1154, 1158, 1161, 1162, 1165, 1166, 1167, and 1170 are hereby adopted by reference and declared to be a part of this section. The FIS and FIRM panels are on file at the Development Center located in Springfield City Hall;
(2)
Areas of special flood hazard designated as within the FP Overlay district because they are susceptible to inundation of water from any source where the above-referenced maps have not identified any special flood areas.
(C)
The flood insurance studies and accompanying Flood Insurance Rate Maps specified above are adopted by City Ordinance and filed with the City Engineer. These studies and their accompanying maps shall form the basis for the administration and implementation of this section.
(D)
Warning and Disclaimer of Liability. The degree of flood protection required by this section in the areas designated in subsection (B), above is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within these areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Springfield, any officer or employee of the City, or the Federal Insurance Administrator, for any flood damages that result from reliance on this section or any administrative decision lawfully made under this section.
(E)
Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS 455 that the City of Springfield administers and enforces the State of Oregon Specialty Codes, the City of Springfield does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this section is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.
(6434)
(A)
Floodplain development proposals within the FP Overlay District are reviewed under Type 1 procedure found in SDC 5.1.305 to 5.1.320. (See SDC 4.3.145 for siting standards and review process for certain wireless telecommunications systems facilities.) Floodplain development approval within the FP Overlay District, and a Land and Drainage Alteration Permit, must be obtained before construction or development begins within any area of special flood hazard established in SDC 3.3.420(B). Approval is required for all structures, manufactured homes and development as defined in this code.
(B)
Designation of the Floodplain Administrator. The Development and Public Works Director is hereby appointed to administer, implement, and enforce this section by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions.
(C)
Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator, or their designee, shall include, but not be limited to:
(1)
Permit Review. Review all development permit applications to determine that:
(a)
The permit requirements of this section have been satisfied.
(b)
All other required local, State, and Federal permits have been obtained.
(c)
Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the floodway provisions in SDC 3.3.430(B)(4) are met; and
(d)
Review all development permit applications to determine if the proposed development is located in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study (FIS) or from another authoritative source. If BFE data is not available, then ensure compliance with the provisions of SDC 3.3.430(A)(8); and
(e)
Provide to the Building Official the Base Flood Elevation (BFE) applicable to any building requiring a development permit. When base flood elevation data has not been provided as specified in SDC 3.3.420(B)(1), the Floodplain Administrator will obtain, review and utilize any base flood elevation data and floodway data available from a Federal, State or other source in order to administer this section.
(f)
Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in SDC 3.3.415.
(g)
Review all development permit applications to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in SDC 3.3.430(A)(1).
(h)
Review all development permit applications to determine if the proposed development activity includes the placement of fill or excavation.
(2)
Information to Be Obtained and Maintained. The following information shall be obtained and maintained, and shall be made available for public inspection as needed:
(a)
Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where Base Flood Elevation (BFE) data is provided through the Flood Insurance Study (FIS), Flood Insurance Rate Map (FIRM), or obtained in accordance with SDC 3.3.430(A)(8).
(b)
Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of SDC 3.3.430(B) and SDC 3.3.425(C)(1) are adhered to.
(c)
Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).
(d)
Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.
(e)
Maintain all Elevation Certificates (EC) submitted to the City.
(f)
Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this section and where Base Flood Elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with SDC 3.3.430(A)(8).
(g)
Maintain all floodproofing certificates required under this section.
(h)
Record and maintain all variance actions, including justification for their issuance.
(i)
Obtain and maintain all hydrologic and hydraulic analyses performed as required under SDC 3.3.430(B).
(j)
Record and maintain all Substantial Improvement and Substantial Damage calculations and determinations as required under SDC 3.3.425(D).
(k)
Maintain for public inspection all records pertaining to the provisions of this section.
(3)
Requirement to Notify Other Entities and Submit New Technical Data.
(a)
Community Boundary Alterations. The Floodplain Administrator shall notify the Federal Insurance Administrator in writing whenever there is an annexation to the City of Springfield, when the boundary of the community has been modified by an expansion of the urban growth boundary, or the City has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately represent the community’s boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating annexed area or the new urban growth boundary or new area for which the community has assumed or relinquished floodplain management regulatory authority.
(b)
Watercourse Alterations. Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate State and Federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a Letter of Map Revision (LOMR) along with either:
(i)
A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or
(ii)
Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.
The applicant shall be required to submit a Conditional Letter of Map Revision (CLOMR) when required under SDC 3.3.425(C)(3)(c). Ensure compliance with all applicable requirements in SDC 3.3.425(C)(3)(c) and SDC 3.3.430(A)(1).
(c)
Requirement to Submit New Technical Data. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than 6 months after the date such information becomes available, the City shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 of the Code of Federal Regulations (CFR), Section 65.3. The City may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA Letter of Map Change (LOMC) process.
(i)
The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
(ii)
An applicant shall notify FEMA within 6 months of project completion when an applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision (LOMR).
(iii)
The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR applications and paying any processing or application fees associated with the CLOMR/LOMR.
(iv)
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 section and all applicable State and Federal permits.
(D)
Substantial Improvement and Substantial Damage Assessments and Determinations.
(1)
Building inspectors from the Development and Public Works Department shall conduct Substantial Improvement (SI) (as defined in SDC 3.3.415) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with SDC 3.3.425(C)(2); and shall conduct Substantial Damage (SD) (as defined in SDC 3.3.415) assessments when structures are damaged due to a natural hazard event or other causes; and shall make SD determinations whenever structures within the special flood hazard area (as established in SDC 3.3.420(B)) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(2)
A list of damaged structures, which are not in compliance with the provisions of this section, will be reported to FEMA.
(3)
The City will notify affected property owners when submitting the damage report to FEMA.
(6434; 6443)
(A)
General Standards. In all special flood hazard areas within the UGB, the following standards shall be adhered to:
(1)
Alteration of Watercourse. Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished. Require compliance with SDC 3.3.425(C)(3)(b) and SDC 3.3.425(C)(3)(c).
(2)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured dwellings shall be anchored per SDC 3.3.430(B)(3)(d).
(3)
Construction Materials and Methods.
(4)
Utilities and Equipment.
(a)
Electrical, Mechanical, Plumbing, and Other Equipment. Electrical, heating, ventilation, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated at or above the base flood elevation or shall be designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall meet all the requirements of this section if replaced as part of a substantial improvement.
(b)
Water Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.
(i)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(ii)
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.
(iii)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.
(5)
Tanks.
(a)
Underground tanks shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.
(b)
Above-ground tanks shall be installed at or above the base flood elevation or shall be anchored to prevent flotation, collapse, and lateral movement under conditions of the base flood.
(c)
Above-ground and underground storage tanks, piping, pumps, and related equipment shall meet the requirements of the City of Springfield’s locally adopted fire code.
(6)
Streets.
(a)
Adequate provisions must be made for accessibility during a base flood to ensure ingress and egress for ordinary and emergency vehicles and services during potential future flooding.
(b)
No street or surface of any new street may be at an elevation of less than 1 foot below the base flood height.
(7)
Subdivision Proposals.
(a)
All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include within such proposals, Base Flood Elevation data.
(b)
All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) shall:
(c)
Base flood elevation data must be provided and shown on final and subdivision plats. The boundaries of the base flood and floodway must be shown on the final subdivision plat.
(d)
A permanent monument must be established and maintained on land subdivided, showing the elevation in feet above mean sea level. The location of the monument must be shown on the final partition map or subdivision plat.
(8)
Use of Other Base Flood Data.
(a)
When base flood elevation data has not been provided in accordance with SDC 3.3.420(B) the local floodplain administrator shall obtain, review, and reasonably utilize any Base Flood Elevation data available from a Federal, State, or other source, in order to administer SDC 3.3.430. All new subdivision proposals and other proposed new developments (including proposals for manufactured dwelling parks and subdivisions) must meet the requirements of SDC 3.3.430(A)(7).
(b)
Base Flood Elevations shall be determined for development proposals that are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established base flood elevation. Development proposals located within an unnumbered A zone shall be reasonably safe from flooding. The test of reasonableness includes without limitation the use of historical data, high water marks, FEMA provided Base Level Engineering data, or photographs of past flooding, where available. When no base flood elevation data is available, the elevation requirement for development proposals within an unnumbered A zone is a minimum of 2 feet above the highest adjacent grade to be reasonably safe from flooding. Failure to elevate at least 2 feet above grade in these zones may result in higher insurance rates.
(9)
Structures Located in Multiple or Partial Flood Zones. In coordination with the State of Oregon Specialty Codes:
(a)
When a structure is located in multiple flood zones on the community’s Flood Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply.
(b)
When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
(B)
Specific Standards. In all flood zones within the City and its urbanizable area the following specific standards shall apply to all new construction and substantial improvements in addition to the General Standards contained in SDC 3.3.430(A).
(1)
Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces shall:
(a)
Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters.
(b)
Be used solely for parking, storage, or building access; however, storage of toxic material, oil, gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality is not allowed unless confined to a tank installed in compliance with SDC 3.3.430(A)(5) and the City of Springfield’s locally adopted fire code.
(c)
Be certified by a registered professional engineer or architect or meet or exceed all of the following minimum criteria:
(i)
A minimum of 2 openings.
(ii)
The total net area of non-engineered openings shall not be less than 1 square inch for each square foot of enclosed area, where the enclosed area is measured on the exterior of the enclosure walls.
(iii)
The bottom of all openings shall be no higher than 1 foot above grade.
(iv)
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area.
(v)
All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable.
(2)
Garages.
(a)
Attached garages may be constructed with the garage floor slab below the base flood elevation (BFE) in flood zones, if the following requirements are met:
(i)
If located within a floodway the proposed garage must comply with the requirements of SDC 3.3.430(B)(4);
(ii)
The floors are at or above grade on not less than 1 side;
(iii)
The garage is used solely for parking, building access, and/or storage; however, storage of toxic material, oil, gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality is not allowed unless elevated 1 foot above base flood elevation or confined to a tank installed in compliance with SDC 3.3.430(A)(5) and the City of Springfield’s locally adopted fire code;
(iv)
The garage is constructed with flood openings in compliance with SDC 3.3.430(B)(1) to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;
(v)
The portions of the garage constructed below the BFE are constructed with materials resistant to flood damage;
(vi)
The garage is constructed in compliance with the standards in SDC 3.3.430(A); and
(vii)
The garage is constructed with electrical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
(b)
Detached garages must be constructed in compliance with the standards for appurtenant structures in SDC 3.3.430(B)(3)(f) or nonresidential structures in SDC 3.3.430(B)(3)(c) depending on the square footage of the garage.
(3)
For Special Flood Hazard Areas with Base Flood Elevations. In addition to the general standards listed in SDC 3.3.430(A) the following specific standards shall apply in special flood hazard areas with Base Flood Elevations (BFE): Zones A1-A30, AH, and AE, and in other flood zones where Base Flood Elevations are available or required to be determined under subsections (A)(7) and (8) above.
(a)
Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the community.
(b)
Residential Construction. New construction, conversion to, and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to 1 foot above the Base Flood Elevation (BFE). Enclosed areas below the lowest floor shall comply with the flood opening requirements in SDC 3.3.430(B)(1).
(c)
Nonresidential Construction.
(i)
New construction, conversion to, and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated to at least 1 foot above the base flood elevation (BFE); or together with attendant utility and sanitary facilities:
A.
Be floodproofed to 1 foot above the base flood elevation, so that 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 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 Floodplain Administrator as set forth in SDC 3.3.425(C)(2).
(ii)
Nonresidential structures that are elevated, not floodproofed, shall comply with the standards for enclosed areas below the lowest floor in SDC 3.3.430(B)(1).
(iii)
Applicants floodproofing 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 floodproofed to the base flood elevation will be rated as 1 foot below).
(d)
Manufactured Dwellings.
(i)
Manufactured dwellings to be placed (new or replacement) or substantially improved that are supported on solid foundation walls shall be constructed with flood openings that comply with SDC 3.3.420(B)(1);
(ii)
The bottom of the longitudinal chassis frame beam shall be at or above Base Flood Elevation;
(iii)
Manufactured dwellings to be placed (new or replacement) or substantially improved shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and
(iv)
Electrical crossover connections shall be a minimum of 12 inches above base flood elevation (BFE).
(e)
Recreational Vehicles. Recreational vehicles placed on sites are required to:
(i)
Be on the site for fewer than 180 consecutive days; and
(ii)
Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(iii)
Meet the requirements of SDC 3.3.430(B)(3)(d), including the anchoring and elevation requirements for manufactured dwellings; and
(iv)
Obtain a Floodplain Development Permit per SDC 3.3.425.
(v)
Recreational Vehicle Parks and Recreational Vehicle Storage. Owners of a recreational vehicle park and/or recreational vehicle storage must enter into an agreement with the City stating that the recreational vehicle park/storage will be operated in compliance with the City’s floodplain regulations; stipulate that prior to flood season the manager check to ensure that the recreational vehicles comply with the requirements above; and create an emergency plan that specifies how flood warnings will be received and how vehicles, trailers, and occupants will be safely evacuated in the event of a flood.
(f)
Appurtenant (Accessory) Structures. Relief from elevation or floodproofing requirements for residential and non-residential structures in flood zones may be granted for appurtenant structures that meet the following requirements:
(i)
Appurtenant structures located partially or entirely within the floodway must comply with requirements for development within a floodway found in SDC 3.3.430(B)(4).
(ii)
Appurtenant structures must only be used for parking, access, and/or storage and shall not be used for human habitation.
(iii)
In compliance with FEMA’s policy issued in 2021 for appurtenant (accessory) structures within special flood hazard areas, appurtenant structures are limited to one-story structures less than 600 square feet.
(iv)
The portions of the appurtenant structure located below the base flood elevation must be built using flood resistant materials.
(v)
The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
(vi)
The appurtenant structure must be designed and constructed to equalize hydrostatic flood forces on exterior walls and comply with the requirements for flood openings in SDC 3.3.430(B)(1).
(vii)
Appurtenant structures shall be located and constructed to have low damage potential.
(viii)
Appurtenant structures shall not be used to store toxic material, oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with SDC 3.3.430(A)(5).
(ix)
Appurtenant structures shall be constructed with electrical, mechanical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
(4)
Floodways. Located within the special flood hazard area established in SDC 3.3.420(B) 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:
(a)
Encroachments, including fill, new construction, substantial improvements, and other development is prohibited within the adopted regulatory floodway unless:
(i)
Certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge; or
(ii)
The City may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that a Conditional Letter of Map Revisions (CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for such revision as established under Volume 44 of the Code of Federal Regulations Section 65.12 are fulfilled.
(b)
If the requirements of SDC 3.3.430(B)(4) are satisfied, all new construction, substantial improvements, and other development shall comply with all other applicable flood hazard reduction provisions of SDC 3.3.430.
(c)
Subdivision and partitioning of land for residential purposes is prohibited if land is located entirely within the floodway.
(5)
Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as AO zones with depth designations or as AH zones with Base Flood Elevations. For AO zones the base flood depths range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. For both AO and AH zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
(a)
Standards for AH Zones. Development within AH Zones must comply with the standards in SDC 3.3.430(A), SDC 3.3.430(B), and SDC 3.3.430(B)(5).
(b)
Standards for AO Zones. In AO zones, the following provisions apply in addition to the requirements in SDC 3.3.430(A) and SDC 3.3.430(B)(5):
(i)
New construction, conversion to, and substantial improvement of residential structures and manufactured dwellings within AO zones shall have the lowest floor, including basement, elevated above the highest grade adjacent to the building, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRM) (at least 2 feet if no depth number is specified). For manufactured dwellings the lowest floor is considered to be the bottom of the longitudinal chassis frame beam.
(ii)
New construction, conversion to, and substantial improvements of nonresidential structures within AO zones shall either:
A.
Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, at minimum to or above the depth number specified on the Flood Insurance Rate Maps (FIRMS) (at least 2 feet if no depth number is specified); or
B.
Together with attendant utility and sanitary facilities, be completely floodproofed to or above the depth number specified on the FIRM or a minimum of 2 feet above the highest adjacent grade if no depth number is specified, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as stated in SDC 3.3.430(B)(3)(c)(i)(C).
(iii)
Recreational vehicles placed on sites within AO Zones on the community’s Flood Insurance Rate Maps (FIRM) shall either:
A.
Be on the site for fewer than 180 consecutive days; and
B.
Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
C.
Meet the elevation requirements of SDC 3.3.430(B)(5)(b)(i), and the anchoring and other requirements for manufactured dwellings of SDC 3.3.430(B)(3)(d).
(iv)
In AO zones, new and substantially improved appurtenant structures must comply with the standards in SDC 3.3.430(B)(3)(f).
(v)
In AO zones, enclosed areas beneath elevated structures shall comply with the requirements in SDC 3.3.430(B)(1).
(6434)
(A)
Floodplain Development Permit Required. A Floodplain Development Permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in SDC 3.3.420(B). The permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in SDC 3.3.415, including fill and other development activities.
(B)
Application for Floodplain Development Permit. Application for a permit may be made on forms furnished by the Floodplain Administrator and includes plans drawn to scale showing the nature, location, dimensions, and elevations of the development area; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1)
In flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of SDC 3.3.425(C)(2).
(2)
Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed.
(3)
Certification by a registered professional engineer or architect licensed in the State of Oregon that the floodproofing methods proposed for any non-residential structure meet the floodproofing criteria for nonresidential structures in SDC 3.3.430(B)(3)(c).
(4)
Description of the extent to which any watercourse will be altered or relocated.
(5)
Base Flood Elevation data for subdivision proposals or other development when required per SDC 3.3.425(C)(1) and SDC 3.3.430(A)(7).
(6)
Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.
(7)
The amount and location of any fill or excavation activities proposed.
(6434)
(A)
The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by Federal statute according to actuarial risk and will not be modified by the granting of a variance.
(B)
A variance from the provisions of this section, with respect to the provisions for special flood hazard reduction, will be reviewed under Type 3 procedure as specified in SDC 5.1.405 to 5.1.455.
(C)
Conditions for Variance.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 0.5 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, in conformance with the provisions of SDC 3.3.440(C)(3) and SDC 3.3.440(C)(5), and SDC 3.3.440(D). As the lot size increases beyond 0.5 acre, the technical justification required for issuing a variance increases.
(2)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(3)
Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in:
(i)
Increased flood heights,
(ii)
Additional threats to public safety (such as potential danger that materials may be swept onto other lands to the injury of others; potential danger to life and property due to flooding, debris, or erosion damage; inability for emergency vehicles to safely access the property in times of flood),
(iii)
Extraordinary public expense (such as the costs of providing government services during flood conditions including the maintenance and repair of public utilities and facilities including but not limited to sewer, gas, electrical, and water systems, and streets and bridges),
(iv)
Create nuisances (based on expected heights, velocity, rate of rise, sediment, debris transported by the floodwaters and the effects of hydrodynamic forces, if applicable, expected at the site),
(v)
Cause fraud on or victimization of the public, or
(vi)
Conflict with existing laws or ordinances.
(5)
Variances may be issued by the City for new construction and substantial improvements, and for other development necessary for the conduct of a functionally dependent use provided that the criteria of SDC 3.3.440(C)(2)—(4) are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(D)
Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance shall be maintained in accordance with SDC 3.3.425(C)(2).
(E)
Reasonable conditions may be established in connection with a variance if necessary to comply with the purpose and standards of this section. If approved, the applicant must record a notice of variance with Lane County Deeds and Records.
(6434; 6443)
(A)
The Development and Public Works Department will make periodic inspections of floodplain areas within the City’s UGB to establish that any activity involving the fill and/or removal of materials within the floodplain is being performed in compliance with an approved Floodplain Development Permit. Upon receipt of a report listing non-complying conditions, the Floodplain Administrator will proceed with enforcement actions including, but not limited to: the issuance of a Stop Work Order; the issuance of a citation; and the commencement of civil legal proceedings.
(B)
All development within special flood hazard areas is subject to the terms of this section and required to comply with its provisions and all other applicable regulations.
(C)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a civil infraction subject to the applicable procedures and penalties for abatement and civil infractions in the Springfield Municipal Code (SMC). Nothing contained herein shall prevent the City of Springfield from taking such other lawful action as is necessary to prevent or remedy any violation, nor preclude the City from using any other remedies available by law.
(1)
Within city limits, enforcement of the provisions of this section is through the applicable procedures for abatement and civil infractions as provided in the Springfield Municipal Code.
(2)
Within the UGB (including within city limits), enforcement of the provisions of this section may also be through commencement of legal proceedings in Lane County Circuit Court. Upon determination that a violation has occurred, the court may:
(a)
Require the person responsible and/or the property owner to cease the violation of the provisions of this section and bring the property into conformance with this section;
(b)
Require the person responsible and/or the property owner to take action to return the property to its original condition action before any work initiated without a Floodplain Development Permit;
(c)
If the person responsible and/or the property owner does not return the property to its original condition within the prescribed time period, authorize the City to take whatever action is necessary to return the property to its original condition prior to the initiation of any work without a Floodplain Development Permit, or otherwise bring the property into conformance with the provisions of this section;
(d)
Authorize the City to charge the costs for restoring the property to its original condition or for bringing the property into conformance with the provisions of this section either against the property itself, the person responsible, or the property owner; and/or
(e)
Order the person responsible and/or the property owner to pay to the City its attorney fees and costs incurred in pursuing its civil legal remedies.
(6434)