The purpose of this chapter is to minimize building hazards and threats to life and property that may be created by landslides, coastal erosion, weak foundation soils and other hazards as identified and mapped by the city. This purpose is achieved by basing city decisions on accurate geologic and soils information prepared by a registered geologist and requiring the application of engineering principles in any construction that occurs where such studies indicate potential hazards.
(Ord. 24-05, 6/5/2024)
The following are potential geologic hazard areas to which the standards of this section apply:
A. 
In any area with an average slope of 20 percent or greater;
B. 
In areas of potential landslide hazard, as identified in the city master hazards map and comprehensive plan;
C. 
In areas abutting the ocean shore, or velocity zone flood hazard, as identified on the city's FIRM maps;
D. 
In areas identified by the soil survey of Clatsop County, Oregon as containing weak foundation soils; or
E. 
In open sand areas regardless of the type of dune or its present stability, and conditionally stable dunes not located in a velocity flood hazard zone, as identified on the city's FIRM maps, which in the view of the building official have the potential for wind erosion or other damage.
(Ord. 24-05, 6/5/2024)
The requirements of this section shall be met prior to the issuance of a building permit. The city manager may require that the requirements of this section be met in conjunction with a request for the approval of a setback reduction, variance, conditional use, design review request, preliminary subdivision proposal, major partition request, minor partition request, and preliminary planned development request.
(Ord. 24-05, 6/5/2024)
A. 
Geologic Site Investigation Report.
1. 
A geologic site investigation report shall be prepared by a registered geologist or engineering geologist. The report is to be prepared in conformance with the city's site investigation report checklist.
2. 
Where recommended by the geologic site investigation report, or required by the city manager, an engineering report prepared by a registered civil engineer shall be prepared. The report shall discuss the engineering feasibility of the proposed development and include findings and conclusions for: the design and location of structures; the design and location of roads; the design and location of utilities; land grading practices, including excavation and filling; stormwater management; and vegetation removal and replanting.
3. 
The burden of proof shall be upon the applicant to show construction feasibility. A proposed use will be permitted only where:
a. 
The geologic site investigation report indicates that there is not a hazard to the use proposed on the site or to properties in the vicinity; or
b. 
The geologic site investigation report and engineering report specifies engineering and construction methods which will eliminate the hazard or will minimize the hazard to an acceptable level.
4. 
The standards and recommendations contained in the geologic site investigation and engineering report, upon acceptance by the manager, shall become requirements of any building permit that is issued.
5. 
The manager may have the geologic site investigation report, or the engineering report reviewed by an independent expert of his or her choosing. Such a review may address either the adequacy or completeness of the site investigation, or the construction methods recommended in the engineering report. The applicant shall pay for the cost of the review.
6. 
A geologic site investigation report shall remain valid for a period of not more than five years from the date of its preparation. The continued reliance on a geologic site investigation report that is more than five years old requires the following additional new information:
a. 
An on-site re-inspection of the site by a qualified individual to determine if there has been any change in circumstances.
b. 
If no change in circumstances is found, a short report noting or including:
I. 
A description of site conditions and any changes between the date of the original geologic site investigation report and the date of the re-inspection;
II. 
Any additional maps, aerial photographs or other documents consulted; and
III. 
Conclusions regarding the accuracy of the original geologic site investigation report.
c. 
If a change in circumstances is noted, the information in subsection (A)(6)(b) of this section shall be provided along with:
I. 
Additional field data needed to verify and document any change in the status of the area;
II. 
Revised mapping;
III. 
Data, documentation, and other information as needed to define the existing geologic condition of the property; and
IV. 
Revised recommendations and conclusions based on the changed circumstances applicable to the property.
(Ord. 24-05, 6/5/2024)
The degree of protection from problems caused by geologic hazards which is required by this chapter is considered reasonable for regulatory purposes. This chapter does not imply that uses permitted will be free from geologic hazards. This chapter shall not create a liability on the part of the city or by any officers, employee or official thereof for any damages due to geologic hazards that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 24-05, 6/5/2024)
A map shall be maintained in the city hall delineating areas of natural hazards, as required by the comprehensive plan. The map shall be updated periodically in order to contain up-to-date information on mass movement, slumping, weak foundation soils or other hazards. Flood hazards shall be indicated by the city's flood insurance rate map.
(Ord. 24-05, 6/5/2024)