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HomeMy WebLinkAboutOrdinance 5858 06/16/1997 ORDINANCE NO. mm>B (GENERAL) .', . AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, ARTICLE 27, FP FLOODPLAIN OVERLAY DISTRICT, BY AMENDING SECTIONS 27.020, 27.030 AND 27.050 AND ADDING SECTIONS 27.070, 27.080, 27.090, AND 27.100, AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: 1. The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance. 2. On June 3, 1997, the Springfield Planning Commission held a public hearing on this SDC amendment request (Jo. No. 97-04-096). The Springfield Planing Commission voted 7 to 0 to recommend approval of these amendments to the City Council. . .. 3. Findings in support of adoption of these amendments to the SDC are set forth in the Staff Report and the Recommendation to the Council (10. No. 97-04-096) incorporated herein by reference. 4. Based on the above record and findings, the City Council concludes that the SDC amendments are consistent with the criteria of approval as set forth the Staff Report and the Recommendation to the Council (10. No. 97- 04-096) incorporated herein by reference. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: . Section 1: The purpose of this Ordinance is to bring the City into compliance with the Federal Emergency Management Agency's National Flood Insurance Program by adopting Land and Drainage Alteration (grading/excavation) standards and enforcement provisions within the City's urbanizable area. Section 2: The Article 27 title page is hereby amended as described below: ARTICLE 27 FP FLOODPLAIN OVERLAY DISTRICT 27.010 GENERAL 27.020 DESCRIPTION 27.030 REVIEW 27.040 DEVELOPMENT STANDARDS 27.050 EMERGENCY APPROVAL 27 .060 VARIANCE PROCEDURES 27.070 POST-FLOOD SUBSTANTIAL DAMAGE PROCEDURES 27.080 PERIODIC FLOODPLAIN INSPECTIONS AND ENFORCEMENT ACTIONS 27,090 LAND AND DRAINAGE AL TERA TION PERMITS - ENFORCEMENT OF REGULATIONS AND PENALTIES . 27.100 LAND DRAINAGE ALTERATION PERMITS - FEES Ordinance 5858 Page I . . . Section 3: Section 27.020 is hereby amended as described below: (1) It is the purpose of this Article 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 Article are designed to: (h) 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. (2) In order to accomplish its purpose, this Article includes methods and provisions for: (t) Issuing a Land and Drainage Alteration Permit. Section 4: Section 27.030 is hereby amended as described below: (1) Development proposals within the FP Overlay District shall be reviewed under Type I procedure (refer to Section 32.130 for siting standards and review process for certain wireless telecommunications systems facilities). Development Approval within the FP Overlay District, including a Land and Drainage Alteration Permit, shall be obtained before construction or development begins within any area of special flood hazard established in Section 27.0 I 0(2) of this Article. Approval shall be required for all structures, manufactured homes and development as defmed in this Code. (a) Special Review Procedures. The Director shall administer this Article in consultation with the Building Official and the City Engineer. They shall: (3) Applications shall also include the following information: [a) A Plot Plan drawn to scale showing the nature, location and dimensions and elevation referenced to mean sea level of the area in question, including existing and proposed structures, fill, storage of materials and drainage facilities. The Plot Plan shall also include all items required for a complete Land and Drainage Permit application. Section 5: Section 27.050 is hereby amended as described below: In the case of an emergency, the Director may issue development approval, including a Land and Drainage Alteration Permit either orally or in writing: Section 6: Section 27.070 POST-FLOOD SUBSTANTIAL DAMAGE PROCEDURES is hereby added as described below: (1) Building inspectors from the Development Services Department shall make post-flood inspections immediately after a flood event to determine damage to structures by the flooding. (2) A list of damaged structures, which are not in compliance with the provisions of this Article, shall be reported to FEMA. (3) The City shall notify affected property owners prior to submitting the damage report to FEMA. Ordinance 5858 - Page 2 Section 7: Section 27.080 PERIODIC FLOODPLAIN INSPECTIONS AND ENFORCEMENT . " ACTIONS is hereby added as described below: . Field staff from the Development Services Department and/or the Public Works Department shall make periodic inspections of floodplain areas both within the city limits and outside the city limits, but within the City's urban services area to establish that any activity involving the fill and/or removal of materials within the floodplain is being performed in compliance with an approved Land and Drainage Alteration Permit. The staff shall prepare a field report listing non-complying conditions to be delivered to the Director. Upon receipt of the report, the Director shall 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. Section 8: Section 27.090 LAND AND DRAINAGE ALTERATION PERMITS - ENFORCEMENT OF REQUIREMENTS AND PENAL TIES is hereby added as described below: (1) Within Springfield's city limits: (a) Enforcement of the provisions of this Article shall be through commencement of civil legal proceedings in the Springfield Municipal Court. Violation of the provisions of this Article including the failure to obtain a Land and Drainage Alteration Permit and the failure to comply with the requirements of a Land and Drainage Alteration Permit shall be punished by a fme not exceeding $250.00 or imprisonment, not exceeding 100 days, or both fme and imprisonment. Every day of the violation shall constitute a separate offense. (b) Enforcement of the provisions of this Article may also be through commencement of legal proceedings in Lane County Circuit Court. Upon determination that a violation has occurred, the court may: . 1. Require the person responsible and/or the property owner to cease the violation of the provisions of this Article and bring the property into' conformance with this Article; 2. 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 Land and Drainage Alteration Permit; 3. If the person responsible and/or the property owner does not return the property to its original condition within the proscribed 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 Land and Drainage Alteration Permit, or otherwise bring the property into conformance with the provisions of this Article; 4. 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 Article either against the property itself, the person responsible, or the property owner; and/or 5. 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. (c) Enforcement of the provisions of this Article may also be through the use of nuisance abatement procedures of Sections 5-15-1 to 5-15-12 of Springfield Code, 1965. . Ordinance 6858 - Page 3 1-'.... (2) Beyond Springfield's city limits but within Springfield's urQan services area. ' . (a) Enforcement of the provisions of this Article may also be through commencement of legal proceedings in Lane County Circuit Court. Upon determination that a violation has occurred, the court may: 1. Require the person responsible and/or the property owner to cease the violation of the provisions of this Article and bring the property into conformance with this Article; 2. 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 Land and Drainage Alteration Permit; 3. If the person responsible and/or the property owner does not return the property to its original condition within the proscribed 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 Land and Drainage Alteration Permit, or otherwise bring the property into conformance with the provisions of this Article; 4. 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 Article either against the property itself, the person responsible, or the property owner; and/or 5. 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. . Section 9: Section 27.l00LAND AND DRAINAGE ALTERATION PERMITS - FEESjs hereby added as described below: Permit Fees shall be as specified on the current Land and Drainage Alteration Permit forms. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such ruling shall not affect the validity of the remaining portions hereof. Section II: It is hereby found and declared that matters pertaining to bring the City into compliance with the Federal Emergency Management Agency's National Flood Insurance Program by adopting Land and Drainage Alteration (grading/excavation) standards and enforcement provisions within the City's urbanizable area are matters affecting the public health, safety and welfare of the City of Springfield and that this Ordinance shall, therefore, take effect immediately upon its passage by the City Council and approved by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against, this 16th day of June, 1997. APPROVED by the Mayor of the City of Springfield, this 16 t hday of June, 1997. ATTEST: ~~LoUL~ ~City corder ei~7lJn&v~ Mayor Ordinance 5858 Page 4