HomeMy WebLinkAbout2021 10 19 AIS FloodplainUpdatesAGENDA ITEM SUMMARY Meeting Date: 9/19/2021
Meeting Type:Regular Meeting
Staff
Contact/Dept.:
Sandy Belson/DPW
Staff Phone No:541-736-7135
Estimated Time: 30 minutes
SPRINGFIELD PLANNING COMMISSION Council Goals: Mandate
ITEM TITLE: FLOODPLAIN OVERLAY DISTRICT CODE UPDATES
ACTION
REQUESTED:
Deliberate on the proposed changes to the Springfield Development Code (SDC)
Sections 3.3-400 Floodplain Overlay District and Section 6.1-100 Definitions and make
a recommendation to the City Council and Lane County Board of Commissioners who
are the approval authorities for this decision.
ISSUE
STATEMENT:
The City of Springfield participates in the National Flood Insurance Program (NFIP)
and must adopt and enforce a floodplain management ordinance regulating
development in the community’s floodplain. The City must adopt an updated floodplain
development ordinance to ensure ongoing compliance with current NFIP minimum
standards.
The City has proposed amendments to SDC Sections 3.3-400 and 6.1-100 which would
incorporate federal requirements as shown in the State of Oregon Model Flood Hazard
Management Ordinance (effective October 2020). Updating Springfield’s Development
Code to align with current federal requirements will allow the City to continue to
participate in the NFIP.
ATTACHMENTS:
ATT1 – Map of Floodplain
ATT2 – Briefing Memorandum
ATT3 – Draft Order and Recommendation
Exhibit A – Staff Report and Findings of Fact
Exhibit B - Legislative Code Amendments to SDC 3.3-400 and SDC 6.1-100
ATT4 - Clean Version of Code Amendments
ATT5 – Draft City Council Ordinance
ATT6 – Comment from Joseph Finley
ATT7 – Comment from William Carpenter
DISCUSSION: The proposed amendments are a Type IV Legislative Amendment to the Development
Code. The Planning Commission held a public hearing on September 8, 2021 and left
the record open for additional public comment through October 15, 2021. At this
meeting, the Commission will discuss the issues outlined in the Briefing Memo (ATT2)
and potentially make a recommendation to the City Council and Lane County Board of
Commissioners. Changes made to documents previously seen by the Planning
Commission are shown in yellow highlight.
There is enough time in the schedule to allow the Planning Commission to continue
deliberations to November 2 to consider additional changes to the proposed code
amendments and/or findings of fact.
The Springfield City Council and Lane County Board of Commissioners will hold a
joint work session and joint public hearing to review the Planning Commission’s
recommended amendments on December 13, 2021.
126
126
S 32nd StMain StPionee
r
Pa
rkway
Bob
S
t
ra
ub
P
kw
yMohawk BlvdBeltline Rd
S A St 42nd StMarcola Rd
Thurston Rd
66th StW illam e t te
R
iv
e
r
Springfield, Oregon 100-year Flood Plain
Urban growth boundary
100-year flood plain
Water
Springfield city limits
%&'(5
There are no warranties that accompany this product. Usersassume all responsibility for any loss or damage arising fromany error, omission, or positional inaccuracy of this product.
0 1 20.5 Miles I McKenzieR i v e r
Attachment 1, Page 1 of 1
M E M O R A N D U M City of Springfield
Date: 10/11/2020
To: Planning Commission BRIEFING
From: Sandy Belson, Interim Planning Manager MEMORANDUM
Subject: Floodplain Overlay District Amendments
ISSUE
The City of Springfield participates in the National Flood Insurance Program (NFIP) and must
adopt and enforce a floodplain management ordinance regulating development in the
community’s floodplain. The City must adopt an updated floodplain development ordinance to
ensure ongoing compliance with current NFIP minimum standards.
The City has proposed amendments to SDC Sections 3.3-400 and 6.1-100 which would
incorporate federal requirements as shown in the State of Oregon Model Flood Hazard
Management Ordinance (effective October 2020). Updating Springfield’s Development Code to
align with current federal requirements will allow the City to continue to participate in the NFIP.
BACKGROUND
This memo addresses the public comment and comments submitted to staff from Commissioner
Koivula that were not addressed at the public hearing on September 8, 2021.
VARIANCES
One of the comments submitted addressed the variance criteria (see Attachment 7). Mr.
Carpenter requests that an applicant be able to obtain a variance when the Floodplain Overlay
Zone is based on an out-of-date map. Essentially, that conditions on the ground have changed to
the extent that the floodplain map is no longer accurate. He also requests that instead of having
to show an “exception hardship” that the applicant only be required to show a “hardship”. He
calls on the Commission to support both of these approaches in support of affordable housing.
Staff Response:
It is true that there are situations where the FIRM does not match existing conditions. FEMA is
currently working on updating the maps to address some of these changes. A Letter of Map
Revision is the process FEMA has established to address this situation as it takes into account
the implementation of physical measures that affect the hydrologic or hydraulic characteristics
of the flooding source. As referenced by Mr. Carpenter, the City has also undertaken this type of
work in the past. The result would be a revised FIRM. Property owners have the option of
initiating the Letter of Map Revision process.
Weakening the variance criteria would not comply with the model code language and staff does
not recommend these changes. Findings to address the comments as well as those of Joseph
Finley have been added to the Staff Report and Findings Section IV on Procedural
Requirements and Citizen Involvement and V on Approval Criteria & Findings, specifically
Statewide Planning Goal 10. These additions are shown in yellow highlight.
Commissioner Koivula noted to staff that the proposed variance language does not include some
of the specifics of the existing code.
Staff Response:
Staff has included the following changes in staff’s recommendation.
Attachment 2, Page 1 of 5
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause such as, but not limited to, the facility
necessitates a waterfront location, or there are no other alternative locations for
the proposed use that are not subject to flooding or erosion damage;
(b) A determination that failure to grant the variance would result in exception
hardship to the applicant;
(c) A determination that the granting of the variance will not result in:
a. Increased flood heights,
b. 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),
c. Extraordinary public expense (such as the costs of providing government
services during flood conditions including maintenance and repair of public
utilities and facilities including but not limited to sewer, gas, electrical, and
water systems, and streets and bridges),
d. Create nuisances (based on expected heights, velocity, rate of rise,
sediment, debris transported by the floodwaters and the effects of wave
action, if applicable, expected at the site),
e. Cause fraud on or victimization of the public, or
f. Conflict with existing laws or ordinances.
REMAINING QUESTIONS/COMMENTS FROM COMMISSIONER KOIVULA
Prior to the public hearing on September 8, 2021, Commissioner Koivula submitted a series of
questions and comments regarding the proposed Floodplain Overlay District Code
Amendments. Katie Carroll, Portland State Fellow, addressed some of these during the meeting
and any corresponding changes have been included in staff’s recommended code amendments.
Some of Commissioner Koivula’s comments/questions needed additional research consideration
prior to being discussed. The next section of this memo presents those topics and options for the
Commission to consider in responding.
Tanks
Is there any way to include language, that, subject to contents of the tanks, that they are required
to be certified leakproof in all capacities, including feeder lines and drain lines, and that they
should be required to have 100% containment berms or other methods to ensure that hazardous
tank materials are not spilled in a wetland or riparian area? Are there sufficient protections in the
SUB wellhead protection codes that might help or cover these issues?
The concept of leak proofing tanks should be considered for other purposes in addition to
flooding. If, for instance a slow or moderate leak happens as a result of debris impacts,
accident, vandalism, or any other reason, a double wall tank will prevent most leaks and a tank
with 100% containment will serve to keep the contents away from the wetland or riparian area.
See for instance formaldehyde tank spill at Hexion along the Willamette at S2nd on 10/2020.
Tanks in these locations need special conditions.
Staff Response:
Celinda Adair, the National Flood Insurance Program Coordinator at the Oregon Department
of Land Conservation and Development, states that the elevation and anchoring requirements
Attachment 2, Page 2 of 5
for tanks is more effective than containment berms which may fail due to debris impact and the
extreme erosion forces associated with floodwaters. She states that is allowable to add
provisions for feeder and drain lines to be certified to be leakproof.
SDC 3.3-235 - Standards for Hazardous Materials within Time of Travel Zones within the
Drinking Water Protection Overlay District has standards that require secondary containment
for hazardous or other materials that pose a risk to groundwater (unless exempted) and methods
to monitor that secondary containment as well as inspection and record keeping
requirements. There are some prohibitions on underground storage facilities (including tanks)
and any product pipelines that contain/transport hazardous or other materials that pose a threat
to groundwater. There are also prohibitions of new uses or changes or increases in use of
Dense Non-Aqueous Phase Liquids (DNAPLS). These standards apply to time of travel zones
(TOZs). Not all floodplain areas in the city are within the TOZs that would require this type of
regulation.
Options for Commission:
1 – Do not add any further requirements for tanks.
2 – Add a requirement for feeder and drain lines to be certified to be leakproof.
3 – Add requirements for double wall tanks or 100% containment.
4 – Add requirements listed in both 2 and 3, above.
Storage of environmentally hazardous materials
Section 3.3.430 (B)(3)(f)(viii) of the proposed code language prohibits storage of toxic material,
oil, or gasoline, or any priority persistent pollutant identified by the Oregon Department of
Environmental Quality (DEQ) unless confined in a tank installed in compliance with SDC
3.3.430(A)(5). DEQ defines “persistent pollutants” as substances that are toxic and that either
persist in the environment or accumulate in the tissues of humans, fish, wildlife, or plants.” The
model code does not specifically prohibit or regulate their storage in residential garages or crawl
spaces.
Staff Response:
When it floods, there are typically many chemicals that make it into the water from items in
garages, crawlspaces, yards, homes etc… This is in part why it is so dangerous to be in flood
waters. It would be considered a higher standard than the minimum requirements, but
Springfield can adopt additional requirements to limit or prohibit the storage of toxics.
According to Celinda Adair, one typical approach is to prohibit storage of these materials
within crawlspaces and to require their storage within garages to be elevated to one foot above
the base flood elevation. Keep in mind however that it can be difficult to enforce those
requirements after a home is built. If there are damages resulting from the improper storage of
hazardous materials that could be tied to a property owner, the City could follow the
enforcement procedures cited within the Floodplain Overlay District. The City could also
prepare fact sheets and conduct other outreach to educate people about the issue and need for
code compliance.
Options for the Commission:
1 – Do not add any further requirements regarding storage of hazardous materials.
2 – Prohibit the storage of toxics in crawlspaces and require that they are elevated at least one
foot above base flood elevation in garages.
Attachment 2, Page 3 of 5
Recreational Vehicles (RVs)
RVs will be a problem in floods if not anchored, they can easily wash away and do significant
damage downstream. 180 days for temporary is different during the summer and just fine, but
given either significant storm events (e.g. 1996 Springfield) or emergency (failure of an
upstream earth filled dam) the RV’s could be a bigger problem. Would there be a way to specify
an easier way to anchor these? e.g. a concrete footing with a chain to the RV or chain it to a tree
or ?
Staff Response:
Celinda Adair has not seen any jurisdiction adopt requirements of this nature as they are hard
to enforce for short-term RVs. One approach she has seen is to require the owners/managers of
the RV Parks to sign an agreement with the City that the park they would operate the RV park in
compliance with local floodplain regulations. It is very hard to regulate individual RV owners
and much easier to regulate an RV park as a whole and to hold the RV park owner responsible
to ensure those they allow to park there are following the requirements. Furthermore, the
agreement could stipulate that prior to flood season, the manager is required to check to ensure
that RVs are either road ready (quick disconnect cables and no permanent features) or
anchored elevated (similar to manufactured homes) as required under the local floodplain
regulations if there for more than 180 days or not road ready.
Options for Commission:
1 – Do not add any further requirements anchoring of RVs.
2 – Add a requirement that the RV Park owner is required to operate the park in compliance
with the floodplain regulations and to check to ensure compliance prior to flood season.
Community
The provision in Section 3.3.430 (B)(3)(a) Before Regulatory Floodway is:
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 one foot at any point within the community.
Commissioner Koivula states that the language calling out all “existing and anticipated
development” is a problem. Who does the anticipation? Couldn’t there be lots of differing
amounts of development in the future depending on externalities? Seems, therefore that this is
nearly an impossible standard to define. This section also begins to call out “the community”
without defining this. Is this Springfield as a whole? A local area around the flood zone or, just
what is it? Community is mentioned a bunch later, as well.
Staff Response:
Community is the area over which Springfield has jurisdiction. Through an intergovernmental
agreement with Lane County, the City has land use and building safety jurisdiction in the
urbanizable area. Thus, staff has added a definition of “community” to the definitions to clarify
that community means the area with Springfield’s urban growth boundary. With this improved
understanding, staff made a number of edits to the proposed code language. The areas that
Attachment 2, Page 4 of 5
have been changed are highlighted in yellow in the legislative version of the proposed code
amendments.
The provision Commissioner Koivula cites above essentially applies when there is an AE flood
zone but no floodway identified. A floodway is defined as the stream channel and the area
adjacent to it that needs to be kept clear of development to allow for the conveyance of flood
waters and prevent the adjacent AE zones from having their base flood elevations increase more
than one foot. The floodway is designed by assuming full buildout of the AE zone. Basically, in
the engineering model, the engineer looks at the existing development in the AE zone and then
fills it in (assume full buildout) from both sides of the stream until it hits a point where the water
height increases by one foot. At that point the engineer designates the remaining area as the
floodway and limits development within it. What this section is requiring is basically to have an
engineer do a floodway analysis to determine where the floodway would be in that area to
ensure if the development goes forward that there would still be room for floodwaters to convey
through the channel without impacting existing structures by rising more than a foot above the
predicted flood water height (base flood elevation). Anticipated development is essentially an
assumption of full buildout by the engineer doing the hydraulic modelling.
If a private individual wants to build in an AE zone that does not yet have a floodway, then that
individual would hire the floodplain analysis to determine what area of the property would need
to remain generally clear of encroachments to convey the predicted volume of flood waters
through the area without causing the base flood elevations upstream or downstream to go up by
more than one foot. The analysis would need to be completed by a licensed professional
engineer using FEMA’s mapping requirements and guidance documents. The analysis would
have a report and a letter that would be stamped and dated by the engineer.
The provision in (a) is designed to make sure communities leave room for the floodway (stream
channel and flood water conveyance area needed to pass the floodwaters through while limiting
flood damage to existing structures in the area).
RECOMMENDED ACTION
Provide direction on the how to respond to the issues raised by the public and Commissioner
Koivula and any other issues the Commissioners may have.
Attachment 2, Page 5 of 5
PC Order & Recommendation
BEFORE THE PLANNING COMMISSION OF SPRINGFIELD, OREGON
ORDER AND RECOMMENDATION FOR:
AMENDMENT TO THE SPRINGFIELD DEVELOPMENT CODE ] 811‐21‐000210‐TYP4
3.3‐400 FLOODPLAIN OVERLAY DISTRICT AND ]
6.1‐100 DEFINITIONS ]
NATURE OF THE PROPOSAL
Request that the Springfield Planning Commission forward a recommendation of approval to the Springfield City
Council regarding amendments to the following sections of the Springfield Development Code as shown in Exhibit
B in order to comply with minimum standards required to continue participation in the National Flood Insurance
Program (NFIP):
Chapter 3 Land Use Districts:
Section 3.2‐400 Floodplain Overlay District
Chapter 6 Definitions
Section 6.1‐110 Meaning of Specific Words and Terms
Notice was sent to the Department of Land Conservation and Development on August 4, 2021, not less than 35
days prior to the first evidentiary hearing in compliance with OAR 660‐018‐0020.
Timely and sufficient notice of the public hearing has been provided, pursuant to ORS 227.186 and Springfield
Development Code Section 5.2‐115.
On September 8, 2021, the Springfield Planning Commission held a duly noticed public hearing on the proposed
text amendments. The public hearing was conducted in accordance with Springfield Development Code Sections
5.2‐120 through 5.2‐145. In making this recommendation, the Commission considered written comments
received through October 15, 2021. After review of the staff report, evidence in the record, and public testimony,
the Planning Commission determined that the code amendments meet the approval criteria.
CONCLUSION
On the basis of the Findings of Fact (Exhibit A) and evidence in the record, the proposed code amendments
(Exhibit B) meet the approval criteria of Springfield Development Code Section 5.6‐115.
ORDER/RECOMMENDATION
It is ORDERED by the Springfield Planning Commission that a RECOMMENDATION for approval of 811‐21‐000210‐
TYP4 be forwarded to the Springfield City Council and Lane County Board of Commissioners for consideration at
an upcoming public hearing.
____________________________ ____________________
Planning Commission Chairperson Date
ATTEST
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 3, Page 1 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
SPRINGFIELD PLANNING COMMISSION
STAFF REPORT and FINDINGS OF FACT
TYPE IV – LEGISLATIVE AMENDMENT TO THE SPRINGFIELD DEVELOPMENT CODE
CASE NUMBER: 811‐21‐000210‐TYP4
HEARING DATE: September 8, 2021
REPORT DATE: October 11, 2021
PROJECT NAME: Floodplain Overlay District Code Amendments
AFFECTED AREA: Properties within the Floodplain Overlay Zone
I. NATURE OF THE REQUEST
The City of Springfield seeks approval of amendments to the Springfield Development Code
(SDC) Sections 3.3‐400 Floodplain Overlay District and 6.1‐100 Definitions to incorporate federal
requirements as shown in the State of Oregon Model Flood Hazard Management Ordinance
(effective October 2020). Updating Springfield’s Development Code to align with current federal
requirements will allow the City to continue to participate in the National Flood Insurance
Program (NFIP).
II. BACKGROUND
The City of Springfield participates in the NFIP which is run by the Federal Emergency
Management Agency (FEMA). The objectives of the NFIP are to: (1) ensure that new buildings
will be free from flood damage; (2) prevent new development from increasing flood damages on
existing properties; and (3) ensure the natural and beneficial functions of the floodplain are
maintained. NFIP was created by the U.S. Congress in 1968 to help minimize the costs of disaster
relief and reduce the loss of life and property caused by flooding. Participation in the NFIP
allows members of the Springfield community to access federally backed flood insurance. Flood
insurance is required for federally backed loans to purchase or build structures located within
the floodplain. Participation also ensures the City remains eligible for Federal disaster assistance
in identified floodplain areas.
Participation in the NFIP requires communities to adopt and enforce a floodplain management
ordinance that regulates development within their floodplain. SDC 3.3‐400 includes the City of
Springfield’s regulating language. To ensure that a community is in compliance with FEMA
requirements, a flood insurance coordinator periodically makes Community Assistance Visits
(CAVs) to participating communities to evaluate their local floodplain management program in
relation to the regulations that govern the NFIP. In Oregon, the Department of Land
Conservation and Development (DLCD) conducts these visits on behalf of FEMA. The City of
Springfield’s most recent CAV visit resulted in the City being required to update its floodplain
code provisions to meet current minimum standards for continued participation in the NFIP.
The City of Springfield entered into the NFIP in 1985. Floodplain regulations were adopted as
Article 27 (Floodplain Special Purpose District) of the Comprehensive Zoning Code through
Ordinance 5304 on September 3, 1985. The Springfield Development Code (SDC) was adopted
by Ordinance 5326 on May 5, 1986, and the floodplain management regulations were included
EXHIBIT A, Page 1 of 10
Attachment 3, Page 2 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
as Article 27. FEMA revised its floodplain management regulations after the SDC was adopted,
which necessitated that the City adopt revised regulations consistent with FEMA provisions by
April 1, 1987 in order remain eligible for continued participation in the NFIP. These updated
regulations were adopted by Ordinance 5366 on March 16, 1987, which repealed Article 27 and
replaced it with a revised Article 27. Ordinance 5366 also amended Article 2 (Definitions) to
comply with required Federal definitions for the NFIP.
The floodplain management regulations of Article 27 were revised seven more times up through
1999; most amendments were very minor, such as changes to the dates of the regulating
floodplain maps or cross‐referencing other code sections. Ordinance 5858, adopted June 5,
1997, made specific amendments to the floodplain regulations to again bring the City into
compliance with current NFIP requirements by adopting several additional provisions including
permitting procedures, substantial damage inspections, and enforcement language. SDC was
reformatted through Ordinance 6206, adopted September 17, 2007; this resulted in the
Floodplain Overlay District being codified as Section 3.3‐400 of the SDC. Staff is unaware of any
amendments to Section 3.3‐400 Floodplain Overlay District that have occurred since that time.
III. SITE INFORMATION
Affected properties are those which are located within the City of Springfield’s Floodplain
Overlay District. This includes 938 tax lots. The Floodplain Overlay District encompasses areas
within Springfield’s Urban Growth Boundary (UGB) along the McKenzie and Willamette Rivers,
as well as around other streams and channels within the City.
IV. PROCEDURAL REQUIREMENTS AND CITIZEN INVOLVEMENT
Under SDC 5.6‐110, amendments of the Development Code text are reviewed under a Type IV
procedure as a legislative action. Type IV procedures, as defined in SDC 5.1‐140, require a
review and recommendation by the Planning Commission and adoption of ordinance by City
Council. As the floodplain regulations apply outside the city limits, per the Urban Transition
Agreement with Lane County, the Lane County Board must co‐adopt the code amendments for
them to apply outside the city limits. The Planning Director for the City of Springfield initiated
the development code amendments on August 4, 2021 on behalf of the City of Springfield as is
allowed under SDC 5.6‐105 B.
In accordance with the City of Springfield Citizen Involvement Program, the Committee for
Citizen Involvement (CCI) reviewed and approved a Citizen Engagement Strategy for this
proposal on August 3, 2021. Per this strategy and other requirements (as noted) the City has
completed the following:
Submitted notice of the proposed amendments to the Department of Land
Conservation and Development (DLCD) on August 4, 2021, 35 days in advance of the
first evidentiary hearing as required by ORS 197.610(1) and OAR 660‐018‐0020.
Mailed notice of the September 8, 2021 Planning Commission Hearing and December
13, 2021 City Council Joint Hearing with the Lane County Board of Commissioners to
property owners who own property within the Floodplain Overlay District on August 18,
2021.
EXHIBIT A, Page 2 of 10
Attachment 3, Page 3 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
Emailed notice of the proposed amendments to stakeholder groups per the Citizen
Engagement Strategy on August 23, 2021.
As required by SDC 5.1‐140 C, provided agency referrals to the Development Review
Committee regarding the proposed amendments via email on August 23, 2021
(Springfield Utility Board Water and Electric Division Directors, Northwest Natural,
CenturyLink, Comcast, Rainbow Water and Fire District, Emerald People’s Utility District,
and Willamalane Park and Recreation).
Published notice of the proposed amendments in the Register Guard on August 25, 2021
as required by SDC 5.1‐140.
Posted notice of the proposed amendments and the dates of the public hearings on the
City of Springfield website which routinely posts public hearing notices.
Social media post about the floodplain development code updates as part of the
National Preparedness Month outreach campaign. Post published Sunday, September
26, 2021
Creation of a floodplain webpage that includes project information. https://springfield‐
or.gov/city/development‐public‐works/floodplain‐management/. Webpage was first
available October 5, 2021 and is updated periodically.
The Planning Commission held a public hearing on September 8, 2021 and left the record open
through October 15, 2021 for additional comment to be included in their consideration.
(Comments received after October 15, 2021 will be provided to the City Council for their public
hearing).
As of the date of this staff report, there were multiple inquiries about the proposed code
language and the location of the floodplain. Two people submitted written testimony prior to
the public hearing. Mr. Finley asked expressed concerns with 1) the requirements for
structures partially located in the floodplain must meet the floodplain development standards
and 2) requirements pertaining to the installation of new electrical, mechanical, plumbing, and
other equipment. He stated that the requirements were too much for someone who was 88
and on a fixed income.
Mr. Carpenter requests that an applicant be able to obtain a variance when the Floodplain
Overlay Zone is based on an out‐of‐date map when conditions on the ground have changed to
the extent that the floodplain map is no longer accurate. He also requests that instead of having
to show an “exception hardship” that the applicant only be required to show a “hardship”.
The code provisions cited by these two people are required as put forth by the state’s model
code in order to maintain compliance with federal requirements for NFIP participation. Findings
have been added to address these comments under Statewide Planning Goal 10.
For this request, the Planning Commission shall make a recommendation to the Springfield City
Council and Lane County Board of Commissioners which are the Approval Authorities for the
final local decision (SDC 5.1‐140 F.). Per the Urban Transition Intergovernmental Agreement and
SDC 5.6‐115 B., development code amendments which impact areas outside the City limits must
be co‐adopted by the Lane County Board of Commissioners in order to apply to urbanizable
EXHIBIT A, Page 3 of 10
Attachment 3, Page 4 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
areas within the Springfield UGB. Decisions of the Springfield City Council and Lane County
Board of Commissioners may be appealed to the Oregon Land Use Board of Appeals within 21
calendar days of the date the decision becomes final as specified in ORS 197.830 (SDC 5.1‐140
G.).
V. APPROVAL CRITERIA & FINDINGS
The request is subject to approval criteria in SDC 5.6‐115, which covers adoption or amendment
of refinement plans, plan districts and the development code. The following approval criteria
are listed under SDC 5.6‐115:
A. In reaching a decision on the adoption or amendment of refinement plans and this
Code’s text, the City Council shall adopt findings that demonstrate conformance to the following:
1. The Metro Plan;
2. Applicable State statutes; and
3. Applicable State‐wide Planning Goals and Administrative Rules.
Findings showing that the proposed amendments to the development code meet the applicable
criteria of approval appear in regular text below. Direct citations or summaries of criteria appear
in italics and precede or are contained within the relevant findings.
Conformance with the Metro Plan
The Eugene‐Springfield Metropolitan Area General Plan (Metro Plan) includes policy direction
relevant to floodplain regulations. Per SDC 3.3‐100, references for the Floodplain Overlay
District are contained in the Environmental Resources Element of the Metro Plan. The following
policies from the Natural Hazards subsection apply to this request:
“C.30 Except as otherwise allowed according to Federal Emergency Management Agency (FEMA)
regulations, development shall be prohibited in floodways if it could result in an increased flood
level. The floodway is the channel of a river or other water course and the adjacent land area
that must be reserved to discharge a one‐percent‐chance flood in any given year.”
Finding 1: The amendments bring the City of Springfield’s floodplain regulations into
compliance with current FEMA requirements for circumstances under which development is
allowed in the floodway. This includes requirements applicable to garages and appurtenant
(accessory) structures when proposed to be located within the floodway (SDC 3.3.430(B)(2)(a)(i)
and 3.3.430(B)(3)(f)(i)).
Finding 2: The amended standards specifically require the City of Springfield to review all
development permit applications to determine if development is proposed to be located in the
floodway (SDC 3.3.425(C)(1)(c)). If so, the amended standards require the City to assure certain
provisions are met as described in Findings 4‐6.
Finding 3: Under the amendments, the City requires applicants to obtain a Conditional Letter
of Map Revisions (CLOMR) from FEMA prior to issuing a floodplain development permit for
development that proposes encroachment in the floodway which would increase the base flood
EXHIBIT A, Page 4 of 10
Attachment 3, Page 5 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
elevation (the flood level) per SDC3.3.425(C)(3)(c)(i)(aa). A CLOMR is FEMA’s comment on a
proposed project that would affect hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of an existing floodway.
Finding 4: The standards prohibit fill, new construction, substantial improvements, and other
development within the floodway unless an applicant obtains certification from a registered civil
engineer demonstrating through specified studies that the proposed encroachment will not
increase flood levels during a base flood, or the applicant has applied for and been approved for
a CLOMR (SDC 3.3.430(B)(4)(a)(i)‐(ii)).
Finding 5: The amendments remove an exception from the currently adopted standards
which allows existing manufactured homes and other structures already in the floodway to be
replaced if located in the same site and of the same size without certification. This exception is
not compliant with current FEMA requirements.
Finding 6: The amendments maintain a higher standard that prohibits subdivision and
partitioning of land for residential purposes if land is located entirely in the floodway (SDC
3.3.430(B)(4)(c)).
Finding 7: The standards maintain approval criteria prohibiting the City from issuing a
variance within the floodway if any increase in flood levels during base flood discharge would
result (SDC 3.3.440(C)(3)).
“C.31 When development is allowed to occur in the floodway or floodway fringe, local
regulations shall control such development in order to minimize the potential danger to life and
property. Within the UGB, development should result in in‐filling of partially developed land. . .
.”
Finding 8: In this case “floodway fringe” is interpreted by the City to mean the floodplain.
The Metro Plan defines floodplain as, “The area adjoining a river, stream, or watercourse that is
subject to 100‐year flooding. A 100‐year flood has a one‐percent chance of occurring in any one
year as a result of periods of higher‐than‐normal rainfall or stream flows, high winds, rapid
snowmelt, natural stream blockages, tsunamis, or combination thereof.”
Finding 9: The purpose of the Floodplain Overlay District is to control development in the
floodplain, including the floodway, in such a way as to minimize potential danger to life and
property. Bringing SDC 3.3‐400’s provisions into compliance with current NFIP minimum
requirements will allow the City to better protect areas within the floodplain from flood hazard.
The amendments add or update standards which specify how development within the
floodplain must be built. These standards, such as anchoring, elevation, floodproofing, and flood
opening requirements, are intended to ensure development in the floodplain is better able to
withstand the impacts of flooding to minimize the potential danger during a flood event.
Finding 10: The amendments do not prevent in‐filling of partially developed land within the
UGB, rather, they require that development be done in a specified manner and meet certain
standards when done in the Floodplain Overlay District.
EXHIBIT A, Page 5 of 10
Attachment 3, Page 6 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
Conformance with Applicable State Statutes
ORS 227.186 requires local governments to mail individual notice (‘Ballot Measure 56 Notice’) to
real property owners of pending land use changes that could limit or prohibit previously allowed
uses. This notice must be mailed at least 20 days but not more than 40 days before the first
evidentiary hearing on the proposed ordinance changes.
Finding 11: On August 18. 2021, the City mailed Ballot Measure 56 notice for the first hearing
on September 8, 2021 to all owners of property within the Floodplain Overlay District, in
compliance with ORS 227.186. This notice also included the date and time of the public hearing
before the City Council and Board of County Commissioners.
ORS 197.610 and OAR 660‐018‐0020 require local jurisdictions to submit proposed land use
regulation changes to the Department of Land Conservation and Development.
Finding 12: As noted in Section IV, the City provided notice of the proposed amendments to
DLCD on August 4, 2021, 35 days in advance of the first evidentiary hearing in conformance with
ORS 197.610(1) and OAR 660‐018‐0020.
ORS 195.305 requires public entities to provide just compensation to property owners when
enacting land use regulations that restrict the residential use of private real property or a
farming or forest practice and that reduce the fair market value of the property.
Finding 13: The amendments do restrict development under certain circumstances in the
Floodplain Overlay District, but do not require compensation due to the restriction of real
property because they satisfy two exceptions noted in that statute. First, the amendments
satisfy the exception under ORS 197.305(3)(c), which provides that the requirement does not
apply to land use regulations that “are required to comply with federal law.” The amendments
are required by federal law to comply with the FEMA NFIP minimum standards for participation.
Second, the amendments satisfy the exception under ORS 195.305(3)(b), which exempts
payment of just compensation when the regulations “restrict or prohibit activities for the
protection of public health and safety.” Flood hazard areas are subject to periodic inundation
which may result in loss of life and property, health and safety hazards, and other adverse
effects on the public health, safety, and general welfare. The proposed amendments mitigate
these adverse effects and therefore are necessary to protect public health and safety.
Conformance with Applicable State‐wide Planning Goals and Administrative Rules
Statewide Planning Goal 7‐ Areas Subject to Natural Disasters and Hazards: Requires local
governments to protect people and property from natural hazards, including flooding. In part, it
requires local governments to adopt comprehensive plans that reduce risk from natural hazards
Finding 14: The Metro Plan contains a section entitled Natural Hazards which covers
protection of life and property from natural hazards and disasters. Findings 1‐10 detail how the
amendments comply with the Metro Plan’s policies for reducing risk from flood hazard.
EXHIBIT A, Page 6 of 10
Attachment 3, Page 7 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
Finding 15: Goal 7 includes a “safe harbor” provision based on the implementation of the
minimum requirements of the National Flood Insurance Program: “Local governments will be
deemed to comply with Goal 7 for coastal and riverine flood hazards by adopting and
implementing local floodplain regulations that meet the minimum National Flood Insurance
Program (NFIP) requirements.” The amendments make changes to the SDC that are required to
bring the City’s regulations into compliance with current minimum requirements for
participation in the NFIP. The amendments are intended to align SDC 3.3‐400 more closely with
the state’s model floodplain ordinance, which has been approved by FEMA.
Finding 16: The Goal 7 Guidelines encourage local governments to consider additional
provisions that go beyond the safe harbor approach: “Local governments should consider
measures that exceed the National Flood Insurance Program (NFIP)”. The amendments retain all
currently adopted higher standards.
Finding 17: The Goal 7 Guidelines also state, “Local governments should give special
attention to emergency access when considering development in identified hazard areas.” The
amendments retain adopted standards which require ingress and egress on streets for
emergency vehicles and services during flood events, and also retain adopted standards which
prohibit any new street from being at an elevation of less than one foot below the base flood
height to ensure streets are drivable during a base flood event (SDC 3.3.430(A)(6)).
Finding 18: The Goal 7 Guidelines also state, “When reviewing development requests in high
hazard areas, local governments should require site‐specific reports, appropriate for the level
and type of hazard (e.g., hydrologic reports, geotechnical reports or other scientific or
engineering reports) prepared by a licensed professional. Such reports should evaluate the risk
to the site as well as the risk the proposed development may pose to other properties.” The
amendments remove an exception that allowed structures located within the floodplain to be
replaced without a study if on the same site and of the same size. Removal of this exception
now requires a site‐specific report be generated for all development proposed in the floodway,
which is a high hazard area. The amendments add a requirement to the Floodways section that
requires hydrologic and hydraulic analyses be performed to ensure proposed encroachments in
the floodway would not result in an increase in flood levels (SDC 3.3.430 (B)(4)(a)(i)). The
amendments also add language to multiple sections specifying that information and certification
must be provided by licensed professionals, such as in the provisions for Non‐residential
Construction where the language of “registered professional” is added (SDC 3.3.430
(B)(3)(c)(i)(ca)).
Statewide Planning Goal 9‐ Economic Development: Requires local governments to maintain a
working inventory of buildable lands suitable for economic growth and opportunity. In part, the
comprehensive plan must, “Provide for at least an adequate supply of sites of suitable sizes,
types, locations, and service levels for a variety of industrial and commercial uses consistent with
plan policies.”
Finding 19: The amendments are more restrictive in terms of what development is allowed
within the floodway; however, the City does not count areas within the floodway in its industrial
or commercial lands inventory. Outside of the floodway within other areas of the Floodplain
Overlay District, the amendments do not regulate if development can occur, but rather how
EXHIBIT A, Page 7 of 10
Attachment 3, Page 8 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
development is done. These new regulations add specific standards for tanks (SDC 3.3.430
(A)(5); for electrical, mechanical, plumbing and other equipment (SDC 3.3.430 (A)(4)(a)); and
require conformance with floodplain regulations when converting a building to a commercial or
industrial use. These design requirements do not have a material effect on the size or type of
development allowed. Thus, the amendments do not reduce the development potential of
Springfield’s industrial or commercial land inventories in a manner inconsistent with Goal 9.
Statewide Planning Goal 10‐ Housing: Requires local governments to inventory buildable lands
that are suitable and available for residential use. Cities must develop plans “in a manner that
insures the provision of appropriate types and amounts of land within urban growth
boundaries.” The amount of land planned for residential development should be adequate for a
20‐year supply.
Finding 20: The amendments are more restrictive in terms of what development is allowed
within the floodway; however, the City does not count areas within the floodway in its housing
lands inventory. Outside of the floodway within other areas of the Floodplain Overlay District,
the amendments do not regulate if development can occur, but rather how development is
done. The new regulations add specific standards for electrical, mechanical, plumbing and other
equipment (SDC 3.3.430 (A)(4)(a)); specifically require that a manufactured dwelling park
greater than 5 acres in size establish a base flood elevation if it is not already known; affects the
height at which a manufactured dwelling must be elevated (SDC 3.3.430 (A)(8)(b) and SDC
3.3.430 (b)(3)(d)); changes anchoring standards for manufactured dwellings (SDC 3.3.430 (A)(2)
and 3.3.430 (B)(3)(d)); creates design requirements specific to garages and appurtenant
structures (SDC 3.3.430 (B)(2) and SDC 3.3.430 (B)(3)(f); and require conformance with
floodplain regulations when converting a building to a residential use. These design
requirements do not have a material effect on the density of residential development. Thus, the
amendments do not reduce the development potential of Springfield’s housing land inventories
in a manner inconsistent with Goal 10.
Finding 21: In his written testimony, William Carpenter identifies a Statewide Planning Goal to
encourage Affordable Housing as the criterion he addresses in support of revisions to the
variance language. He notes two problems with the variance section. One is that an out‐of‐date
FIRM shows an “Impossible Floodway” exists where the past open drainage channels have been
filled in and their flows directed into underground piping systems that no longer present a
channeled pathway for floodwaters to reach the property. The example he provides is actually
an area of special flood hazard, Zone A, rather than a floodway. The process that FEMA has set
up to address this situation which is referenced in the code language is the Letter of Map
Revision. As stated in the definition, LOMRs are “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 LOMR process
appropriately addresses the situation described and therefore no changes are needed to the
Variance Section.
Finding 22: The second problem Mr. Carpenter identified in the Variance section is the
“exceptional hardship” language, asserting that it should be amended to just “hardship”. While
the City is in need of affordable housing and supports the implementation of Goal 10, it seeks to
do so while maintaining compliance with federal requirements. The “exceptional hardship”
EXHIBIT A, Page 8 of 10
Attachment 3, Page 9 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
language is from the model code. Not including that language could result non‐compliance with
the National Flood Insurance Program requirements which could eventually lead to the loss of
ability to access the flood insurance necessary to obtain a federally backed mortgage when
purchasing a house in the regulatory floodplain. That outcome would have a much broader and
long‐lasting negative impact on the ability of households to purchase homes in all areas of the
community planned for residential development.
Finding 23: Joseph Finley submitted written testimony. Although he didn’t cite an approval
criterion, he cited that certain requirements are too much for an 80‐year‐old on fixed income.
The most relevant criterion is the Statewide Planning Goal for Housing. The two requirements
Mr. Finely identifies (1 – require that new electrical, mechanical, plumbing, and other
equipment be installed to resist hydrostatic and hydrodynamic loads and stresses, including the
effects of buoyancy, and 2 – specify that structures partially located in the floodplain comply
with the Development Standards) are minimum requirements of the model code. As with the
Finding above, compliance with the National Flood Insurance Program requirements enables
community members to access the flood insurance required to obtain a federally backed
mortgage when purchasing a house in the regulatory floodplain, thus allowing homeowners to
purchase homes in areas of the community planned for residential development.
Statewide Planning Goal 12‐ Transportation: Requires jurisdictions to create a transportation
system that supports a variety of transportation modes so as not to limit residents in the way
they can access various aspects of their community. The Transportation Planning Rule (OAR 660‐
012‐0060) implements Goal 12.
Finding 24: OAR 660‐012‐0060 requires a local government to establish mitigation
measures if an amendment to a land use regulation would “significantly affect an existing or
planned transportation facility.” Subsections (1)(a)‐(c) determine whether the requested land
use regulations amendments significantly affect a transportation facility.
Finding 25: A land use regulation amendment “significantly affects” transportation under
Subsection 1(a) if it “Change[s] the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in an adopted plan).” The
amendments do not change any functional classification under OAR 66‐012‐0060(1)(a).
Finding 26: A land use regulation amendment “significantly affects” transportation under
Subsection 1(b) if it “Change[s] standards implementing a functional classification system.” The
amendments do not change the City’s standards for implementing its functional classification
system under OAR 66‐012‐0060(1)(b).
Finding 27: Under Subsection (1)(c), a land use regulation amendment “significantly affects”
transportation if it results in (A) types or levels of travel or access inconsistent with the functional
classification of a transportation facility; (B) degrades the performance of a transportation
facility such that it would not meet performance standards identified in the TSP or
comprehensive plan; or (C) degrades the performance of a transportation facility that is
otherwise projected to not meet the performance standards in the TSP or comprehensive plan.
To determine whether the amendments “significantly affect” a transportation facility within the
meaning of (1)(c) a local government should compare the most traffic‐generative use reasonably
EXHIBIT A, Page 9 of 10
Attachment 3, Page 10 of 47
Planning Commission Staff Report
Floodplain Overlay District Amendments
allowed in the current zone with the most traffic‐generative use reasonably allowed in the new
zone. The amendments to the Floodplain Overlay District do not change the underlying zoning
districts or materially change the uses that are allowed outright, conditionally allowed, or
prohibited. Accordingly, the amendments do not change the most traffic‐generative uses
reasonably allowed on impacted properties and therefore do not result in any of the effects
described under (A)‐(C).
Finding 28: The amendments to the code will not “significantly affect” an existing or
planned transportation facility under OAR 660‐012‐0060(1)(a), (b), or (c) and thus complies with
OAR 660‐012‐0060 and Goal 12 requirements.
VI. CONCLUSION
Based upon the evidence above and the criteria of SDC 5.6‐115 for approving amendments to
the Springfield Development Code, the text amendments to SDC 3.3‐400 and SDC 6.1‐100 are
consistent with these criteria.
EXHIBIT A, Page 10 of 10
Attachment 3, Page 11 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Legislative Version of
Proposed Amendments to the Springfield Development Code
Section 3.3-400 Floodplain Overlay District to Incorporate Federal
Requirements
Staff Recommendation – October 11, 2021
Changes from August 30, 20201 public review draft highlighted in yellow highlight
PROPOSED AMENDMENTS
Section 3.3-400 of the Springfield Development Code (SDC) has been re-organized to more
closely match the structure of the Oregon Model Hazard Ordinance (version October 2020) that
was developed to incorporate requirements of the Federal Emergency Management Agency.
The proposed amendments are shown in legislative format (deleted text with strike-thru red font
and new text with double underline red font). For ease of review, this legislative format does not
show where code language was moved from one place to another. Commentary is shown in
purple italics font, preceding the text to which it is referring.
An overview of the key changes proposed is available in a separate document titled “Floodplain
Overlay District - Key Changes.”
Commentary: The existing structure of Section 3.3-400 is shown in purple. A table of contents
outlining the new structure of the Floodplain Overlay District section will be added (shown in
red) to match the layout used in the upcoming Development Code updates. Throughout,
numbering has also been formatted to match the upcoming Development Code updates.
Section 3.3-400 Floodplain Overlay District
3.3-405 Purpose
3.3-410 Applicability
3.3-415 Review
3.3-420 Development Standards
3.3-425 Emergency Approval
3.3-430 Variance Procedures
3.3-435 Post-Flood Substantial Damage Procedures
3.3-440 Periodic Floodplain Inspections and Enforcement Actions
3.3-445 Land and Drainage Alteration Permits—Enforcement of Requirements and
Penalties
3.3.400 Floodplain Overlay District
3.3.405 Statutory Authority and Interpretation
3.3.410 Purpose
3.3.415 Definitions
3.3.420 Applicability
3.3.425 Administration
3.3.430 Development Standards
3.3.435 Floodplain Development Permits
3.3.440 Variances
3.3.445 Periodic Floodplain Inspection, Enforcement of Requirements and
Penalties
EXHIBIT B, Page 1 of 36
Attachment 3, Page 12 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Creates new section on Statutory Authority and Interpretation that adds required
language from model code.
3.3.405 Statutory Authority and Interpretation
(A) Statutory Authorization.
The State of Oregon has in ORS 197.175 delegated the responsibility to local governmental
units to adopt floodplain management regulations designed to promote the public health,
safety, and general welfare of its citizenry.
(B) Interpretation. In the interpretation and application of this Section, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Commentary: Matches language from model code by making minor changes to wording and
adds (9) and (10). Adds language to (7) stating a purpose is also to inform potential buyers of
approved variances in the floodplain.
3.3.410 Purpose
3.3-405 Purpose
(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
areas of special flood hazard areas so as to minimize future flood blight areas caused by
flooding.
(7). Provide information toNotify potential buyers of that the property is in a special flood
hazard areain areas of special flood hazard, and as applicable, notify potential buyers
when development has been approved under a variance to the Floodplain Overlay
District standards.
EXHIBIT B, Page 2 of 36
Attachment 3, Page 13 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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 Alterationsland 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.
Commentary: Matches language from model code by making minor changes to wording.
Updates title of permit issued in floodplain to Floodplain Development Permit to clarify that it is a
separate permit from the Land and Drainage Alteration Permit (LDAP).
(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 these 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 Land and Drainage Alteration Floodplain Development Permit.
Commentary: Adds a definitions section. Defines terms as required or recommended by model
code. Clarifies definitions in this Section apply to the Floodplain Overlay District. Definitions
specific to the management of floodplains removed from SDC 6.1-110, as described below.
3.3.415 Definitions
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. A request for a review of the interpretation of any provision of this Section or a
request for a variance.
EXHIBIT B, Page 3 of 36
Attachment 3, Page 14 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH on a
community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual
chance of flooding to an average depth of one to three 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.
Area of special flood hazard. The land in the floodplain within a community subject to a
one 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. The flood having a one percent chance of being equaled or exceeded in
any given year.
Base flood elevation (BFE). The elevation to which floodwater is anticipated to rise
during the base flood.
Basement. Any area of the building having its floor subgrade (below ground level) on all
sides.
Building. 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 general and temporary condition of partial or complete inundation of normally dry
land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (a)(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.
EXHIBIT B, Page 4 of 36
Attachment 3, Page 15 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(2) 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 (a)(1) of this
definition.
Flood elevation study. See “Flood Insurance Study”.
Flood Insurance Rate Map (FIRM). 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).
Flood Insurance Study (FIS). 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.
Flood proofing. 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.
Floodplain or flood prone area. Any land area susceptible to being inundated by
water from any source. See "Flood or flooding."
Floodplain administrator. The community official designated by title to administer and
enforce the floodplain management regulations.
Floodplain management. 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.
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.
Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height. Also referred to as
"Regulatory Floodway."
Functionally dependent use. 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.
EXHIBIT B, Page 5 of 36
Attachment 3, Page 16 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
H
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) 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;
(2) 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;
(3) 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
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or
(b) Directly by the Secretary of the Interior in states without approved programs.
L
Letter of Map Change (LOMC). Means 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.,
EXHIBIT B, Page 6 of 36
Attachment 3, Page 17 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
has not been elevated by fill) above the base flood, that was inadvertently included in the
special flood hazard area.
(5) 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.
(6) 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.
(7) 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 baes flood elevations, or the special flood hazard area.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building’s
lowest floor, provided that 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. A structure, transportable in one 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”.
Manufactured dwelling park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured dwelling lots for rent or sale.
Mean sea level. 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
EXHIBIT B, Page 7 of 36
Attachment 3, Page 18 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Recreational vehicle. A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway. See “Floodway”.
S
Special flood hazard area. See “Area of special flood hazard” for this definition.
Start of construction. 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.
Structure. 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.
Substantial damage. Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial improvement. 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:
(1) 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
EXHIBIT B, Page 8 of 36
Attachment 3, Page 19 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure.”
V
Variance. A grant of relief by the City of Springfield from the terms of a flood plain
management regulation.
Violation. 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.
3.3.420 Applicability
3.3-410 Applicability
Commentary: Adds clarifying language.
(A.)The FP Overlay District applies to all areas of special flood hazard within the Springfield
urban growth boundary.
Commentary: Adds required language from model code identifying FIRM panel numbers
applicable to Springfield and physical location of flood maps.
(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 Maps; 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;
Commentary: Makes wording changes to accurately reflect process for designation of additional
flood hazard areas. These areas would be designated through a zoning process rather than by
the City Engineer.
EXHIBIT B, Page 9 of 36
Attachment 3, Page 20 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(2). Areas of special flood hazard designated as within the FP Overlay district because
they are by the City Engineer as susceptible to inundation of water from any source
where the above-referenced maps have not identified any special flood areas.
Commentary: Makes minor wording additions as required to comply with model code.
(C. ) The flood insurance studies and accompanying Flood Insurance Rate Maps specified
above are hereby 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, or any officer or employee of the City, or the Federal Insurance
Administrator, for any flood damages that may result from reliance on this Section or any
administrative decision lawfully made under this Section.
Commentary: Adds required language from model code.
(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.
Commentary: Renames Section to better match model code layout and intent of language
added to the Section.
3.3.425 Administration
3.3-415 Review
Commentary: Makes minor wording changes to clarify review process.
(A.) Floodplain Ddevelopment proposals within the FP Overlay District shall beare reviewed
under Type I 1 procedure found in SDC 5.1-125. (Ssee Section SDC 4.3-145 for siting
standards and review process for certain wireless telecommunications systems facilities).
Floodplain Ddevelopment approval within the FP Overlay District, andincluding a Land and
Drainage Alteration Permit, shall must be obtained before construction or development
begins within any area of special flood hazard established in Section SDC 3.3.-4210(B).
Approval is required for all structures, manufactured homes and development as defined in
this Code.
Commentary: Adds language required by model code and identifies the job title within the City
responsible for administering the floodplain management program.
EXHIBIT B, Page 10 of 36
Attachment 3, Page 21 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
Commentary: Adds Subsection (C) which is required language from model code and explains
the City’s duties in administering the floodplain management program. Deletes Subsection B,
and moves bullets 1-10 under Subsection (1) Permit Review and rewords or deletes as
described below to match required language from model code.
B. Special Review Procedures. The Director shall administer this Section in consultation
with the Building Official and the City Engineer. They shall:
(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:
Commentary: Subsections 1.-4. are reworded to match required model code language and
renumbered to (a)-(c) and (e). Subsection (d) is required language from model code that is
added and requires the City to determine if proposed development is located with an area of the
floodplain where Base Flood Elevation (BFE) has been determined.
(a) 1.Review all development applications to determine that tThe application permit
requirements of this Section have been satisfied;.
(b) 2.Review all development applications to determine that Aall other required local,
state, and federal permits have been obtained.necessary permits have been
obtained from those Federal, State or local governmental agencies for which prior
approval is required;
(c) 3.Review all development permit applications to determine if the proposal
proposed development is located in the floodway. If the proposal is located in the
floodway, assure that the floodway provisions in SDC 3.3.430(B)(4) encroachment
provisions of Section 3.3-420C. 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 bBuilding oOfficials the Base Flood Elevation (BFE) applicable to
any building requiring a development permit. 4. When base flood elevation data has
not been provided as specified in Section SDC 3.3.-4210(B).(1)., the Floodplain
Administrator City Engineer wishall 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.
Commentary: Adds required language from model code which outlines responsibilities of the
City in administering the floodplain regulations.
EXHIBIT B, Page 11 of 36
Attachment 3, Page 22 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(f) Review all development permit applications to determine if the proposed
development qualifies as a substantial improvement as defined in SDC3.3.415.
(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.
Commentary: Language deleted from this Subsection to match model code layout. Covered by
Subsection (2)(a) of this Section 3.3.425(C).
5. Where base flood elevation data is provided through the Flood Insurance Study or
as specified in Subsection B.4., above, obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure contains a
basement;
Commentary: Language deleted from this Subsection to match model code layout. Substantial
Improvement requirements are covered by Section 3.3.425 (D).
6. For all new or substantially improved flood-proofed structures:
a. Verify and record the actual elevation (in relation to mean sea level); and
b. Maintain the flood-proofing certifications required in Section 3.3-
420B.2.a.iii.;
Commentary: Language deleted from this Subsection to match model code layout. Covered by
Subsection (2)(k) of this Section 3.3.425(C).
7. Maintain for public inspection all records pertaining to the provisions of this
Section;
Commentary: Language deleted from this Subsection to match model code layout.
Requirements covered by Subsection (3)(b) Watercourse Alterations of this Section 3.3.425(C).
and Subsection (A)(1) of Section 3.3.430.
8. Notify adjacent communities and the Division of State Lands prior to any alteration
or relocation of a watercourse, and submit evidence of this notification to the Federal
Insurance Administration;
9. Require that a program of periodic inspection and maintenance be provided with
the altered or relocated portion of a watercourse so that the flood carrying capacity of
the watercourse is not diminished; and
Commentary: Language deleted from this Subsection as this is now done through a FEMA
process (LOMA, LOMR).
EXHIBIT B, Page 12 of 36
Attachment 3, Page 23 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
10. Make interpretation, where needed, as to exact location of the boundaries of
areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). A person contesting the
location of the boundary may appeal the interpretation as specified in Section 5.3-
100.
Commentary: Adds required language from model code. Subsection (2) clarifies the information
related to floodplain management that the City must keep and make available for the public.
Subsection (3) describes circumstances under which the City must provide information to other
entities. This includes: requiring the City to notify the Federal Insurance Administrator when
community boundaries change (which for Springfield would be triggered by an urban growth
boundary expansion), notify DLCD and relevant agencies and adjacent communities prior to
altering a watercourse, providing information to the Federal Insurance Administrator when the
base flood elevation changes.
(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)(4) and
SDC 3.3.425(C)(1)(b) 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;
EXHIBIT B, Page 13 of 36
Attachment 3, Page 24 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(i) Obtain and maintain all hydrologic and hydraulic analyses performed as required
under SDC 3.3.430(B)(4).
(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 the boundaries of the
community have 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 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 SDC3.3.425(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 six 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:
EXHIBIT B, Page 14 of 36
Attachment 3, Page 25 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(aa) Proposed floodway encroachments that increase the base flood
elevation; and
(ba) Proposed development which increases the base flood elevation by
more than one foot in areas where FEMA has provided base flood elevations
but no floodway.
(ii) An applicant shall notify FEMA within six (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.
Commentary: Moves Section 3.3-435 to Subsection (D) of this Section 3.3.425 and renames to
better align with layout of model code. Subsection A. is reworded to match required language
from model code. Changes require City to now make damage inspections for any event, natural
or other causes, not just post-flood. Wording in Subsection C. is updated to accurately reflect
timing of reporting damage. A determination of Substantial Improvement (which includes a
determination of Substantial Damage) triggers requirements for the structure to be brought into
compliance with current code requirements, including the development standards of Section
3.3.430. This means a property owner wishing to substantially improve a structure within the
Floodplain Overlay District will need to comply with the floodplain development standards.
(D) Substantial Improvement and Substantial Damage Assessments and Determinations.
3.3-435 Post-Flood Substantial Damage Procedures
(1)A. Building inspectors from the Development Services 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.
make post-flood inspections immediately after a flood event to determine damage to
structures by the flooding.
(2)B. A list of damaged structures, which are not in compliance with the provisions of this
Section, shall will be reported to FEMA.
EXHIBIT B, Page 15 of 36
Attachment 3, Page 26 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(3)C. The City shall will notify affected property owners prior towhen submitting the
damage report to FEMA.
3.3.430 Development Standards
3.3-420 Development Standards
Commentary: Minor wording changes to match model code language.
(A.) General Standards. In all areas of special flood hazard areas within the City and its
urbanizable area, the following standards applyshall be adhered to:
Commentary: Adds required model code language. Some of this language was contained in
3.3-415 B.9.. If development alters or relocates a watercourse, requires that the flood carrying
capacity not be diminished and requires that maintenance be provided to ensure this.
(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).
Commentary: Updates to comply with required model code language. These changes remove
the use of two anchoring standards and removes anchoring requirements for manufactured
homes from this Subsection. Anchoring requirements for manufactured homes are contained in
3.3.430(B)(3)(d) Manufactured Dwellings and have been updated to match required model code
language and comply with current requirements.
(2) 1. Anchoring. All new construction, manufactured homes and substantial
improvements subject to less than 18 inches of flood water during a 100 year flood 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).and shall be
installed using methods and practices that minimize flood damage. Anchoring methods
for manufactured homes 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). If subject to 18 inches or more of
flood water, or located in the floodway, manufactured homes, apart from manufactured
homes in Mobile Home Parks and Subdivisions, shall be anchored to prevent flotation or
lateral movement and the design shall be certified by an engineer or architect.
Manufactured homes in an existing Mobile Home Park or Subdivision may use the ties to
ground anchors and additional techniques specified above.
Commentary: Minor revisions for consistency with model code language.
(3)2. Construction Materials and Methods.
(a. ) All new construction and substantial improvements shall be constructed with
approved materials and utility equipment resistant to flood damage.
(b.) All new construction and substantial improvements shall be constructed using
approved methods and practices that minimize flood damage.
EXHIBIT B, Page 16 of 36
Attachment 3, Page 27 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Moves Subsection 2. c. to this Subsection. Renames 3. Utilities to (b) Water
Supply, Sanitary Sewer, and On-Site Waste Disposal Systems and makes it a subsection of (4)
Utilities to match model code layout. Under (a): adds duct systems, provides more specific
requirements for how equipment must be designed and installed to resist flooding and more
explicit requirements for where equipment must be elevated to. Requires equipment to meet
these standards if replaced as part of a substantial improvement. Minor changes to wording in
(b) to comply with required model code language.
(4) Utilities and Equipment.
(a) Electrical, Mechanical, Plumbing, and Other Equipment. c. Electrical, heating,
ventilation, air-conditioning, plumbing, duct systems, and air-conditioning equipment
and other equipment and service facilities shall be designed and/or otherwise
elevated at or above the base flood elevation or shall be designed and installed
located 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)3.UtilitiesWater Supply, Sanitary Sewer, and On-Site Waste Disposal Systems.
(i) a.All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;.
(ii) b.New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharge
from the systems into flood waters; and.
(iii) c.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.
Commentary: Adds Subsection with required language from model code. Subsection covers
specific development standards for tanks including anchoring requirements.
(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.
Commentary: Moves Subsection 3.3-420 B. 5. to this subsection to better align with new layout
of Section 3.3.430 and makes minor updates to wording.
(6)5. Streets.
EXHIBIT B, Page 17 of 36
Attachment 3, Page 28 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(a). Adequate provisions shall 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 shall may be at an elevation of less than 1
one foot below the base flood height.
(7)4.Subdivision Proposals.
Commentary: Adds language to comply with model code layout and required language. This
language is similar to the standard contained in 3.3-420 A. 4. f..
(a) All new subdivision proposals and other proposed new developments (including
proposals for manufactured dwelling parks and subdivisions) greater than 50 lots or
five acres, whichever is the lesser, shall include within such proposals, Base Flood
Elevation data;
Commentary: Changes formatting of a. and b. to match model code layout and wording of a.-c.to
align with required model code language. Expands requirements to include other large
developments, including manufactured dwelling parks.
(b) b.All new subdivision proposals and other proposed new developments (including
proposals for manufactured dwelling parks and subdivisions) shall:
(i)a. All subdivision proposals shall bBe consistent with the need to minimize
flood damage;
(ii) hHave public utilities and facilities such as, including, but not limited to:
sewer, gas, electrical and water systems located, constructed, and maintained to
minimize or eliminate flood damage;
(iii)c. All subdivision proposals shall hHave adequate drainage provided to
reduce exposure to flood hazards.damage; and
Commentary: Minor wording changes to make terminology consistent with other Sections.
(c)d. One hundred-yearBase flood elevation data shall must be provided and shown
on final and subdivision plats. The boundaries of the 100-yearbase flood and
floodway shall must be shown on the final subdivision plat;
(d)e. A permanent monument shall must be established and maintained on land
subdivided, showing the elevation in feet above mean sea level. The location of the
monument shall must be shown on the final partition map or subdivision plat;
Commentary: Deleted to match model code. Language contained in Subsection (a) above.
f. Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be prepared by the applicant's engineer for
subdivision proposals and other proposed developments which contain at least 50
lots or 5 acres (whichever is less).
EXHIBIT B, Page 18 of 36
Attachment 3, Page 29 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Subsection renamed to align with model code layout. Language added and
deleted to comply with required model code language. Requires Base Flood Elevation to be
determined for large-scale development in any A zone if there is not an established base flood
elevation. Now requires development proposals within unnumbered A zones to be elevated a
minimum of two feet if no base flood elevation data is available. Removes the exemption for
manufactured homes in existing mobile home parks and subdivisions.
(8)5.Review of Building PermitsUse of Other Base Flood Data.
(a) When Where 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
five 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. is not
available either through the Flood Insurance Study or from another authoritative
source, applications for Building Permits including those for manufactured home
placement shall be reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness shall includes without limitation the
but not be limited to 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 two (2) feet
above the highest adjacent grade to be reasonably safe from flooding. Failure to
elevate at least 2 two feet above (the exterior) grade in these zones may result in
higher insurance rates.. This requirement does not apply to manufactured homes in
existing Mobile Home Parks and Subdivisions.
Commentary: Adds language required by model code. Requires structures that are partially
located in the floodplain to comply with the Floodplain Overlay District standards, and requires
structures located in multiple flood zones to comply with the more restrictive requirements.
(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.
Commentary: Makes changes to wording to comply with required model code language.
EXHIBIT B, Page 19 of 36
Attachment 3, Page 30 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(B.)Specific Standards. In all areas of special flood hazardflood zones within the City and its
urbanizable area where base flood elevation data has been provided as specified in
Sections 3.3-410A. and B. or 3.3-415B.4., the following provisions are required:specific
standards shall apply to all new construction and substantial improvements in addition to the
General Standards contained in SDC 3.3.430(A).
Commentary: Adds required model code language. Some of these standards for flood openings
were applied to residential construction in 3.3-420 B. 1. B. i.-iv.. The new required language
applies flood opening standards more broadly to all development with fully enclosed areas
below the lowest floor.
(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;
(c) Be certified by a registered professional engineer or architect or meet or exceed
all of the following minimum criteria:
(i) A minimum of two openings,
(ii) The total net area of non-engineered openings shall not be less than one
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 one 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.
Commentary: Adds required language from model code. Subsection covers specific
development standards for garages. Allows attached garages to be constructed below base
flood elevation as long as certain standards are met including that the garage is only used for
parking, building access, or storage. Clarifies that detached garages must follow standards for
appurtenant structures as described in Section 3.3.430(B)(3)(f).
(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:
EXHIBIT B, Page 20 of 36
Attachment 3, Page 31 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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 one side;
(iii) The garage is used solely for parking, building access, and/or storage;
(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 non-residential structures in SDC
3.3.430(B)(3)(c) depending on the square footage of the garage.
Commentary: Adds required model code language.
(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.
Commentary: Moves Section 3.3-420 D. to align with model code layout, renamed and
language revised to comply with required model code language. Language now specifies zones
in which the requirement applies and affirmatively prevents development in the floodplain unless
the stated standard is met.
(a)D. Encroachment. 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
Tthe cumulative effect of theany proposed development, when combined with all
other existing and anticipated development, shawill not increase the water surface
elevation of the base flood more than 1 one foot at any point within the community.
Commentary: Subsection moved from 3.3-420 B. 1. to align with the model code layout.
Wording changes made to align with required model code language and to delete flood opening
requirements which are now contained in 3.3.430(B)(1). Adds that conversion of a building to
residential use must elevation requirements.
EXHIBIT B, Page 21 of 36
Attachment 3, Page 32 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
1.(b) Residential Construction. a. New construction, conversion to, and substantial
improvement of any residential structure shall have the lowest floor, including
basement, elevated to 1 one foot above the Bbase Fflood Eelevation (BFE).
Enclosed areas below the lowest floor shall comply with the flood opening
requirements in SDC 3.3.430(B)(1).
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 flood-waters. Designs for
meeting this requirement shall either be certified by an engineer or architect or
shall meet or exceed the following minimum criteria:
i. A minimum of 2 openings of equal size having a total net area of not less
than 1 square inch for every square foot of enclosed area subject to flooding
shall be provided.
ii. The bottom of all openings shall be no higher than 1 foot above grade.
iii. Openings shall be located to allow unrestricted cross-flow of flood-waters
through the enclosed area from one side to the other.
iv. Openings may be equipped with screens, louvers, or other coverings or
devices if certified by an engineer or architect, provided that they permit the
automatic entry and exit of flood-waters.
Commentary: Subsection moved from 3.3-420 B. 2. and language revised to comply with model
code layout and required language. Adds conversions nonresidential uses must comply with
these standards. Adds requirement than certification be done by a registered professional.
(c)2. Non-residential Construction.
(i)a. New construction, conversion to, and substantial improvement of any
commercial, industrial or other nonresidential structure shall have either the
lowest floor, including basement, elevated to a level at least 1 one foot above the
base flood elevation (BFE); or Or together with attendant utility and sanitary
facilities shall,:
(aa)i. Be flood-proofed to 1 one foot above the base flood elevationlevel, so
that the structure is watertight with walls substantially impermeable to the
passage of water;
(ba)ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(ca)iii. Be certified by a registered professionaln 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.
EXHIBIT B, Page 22 of 36
Attachment 3, Page 33 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
The Such certifications shall be provided to the Floodplain Administrator as
set forth in SDC 3.3.425(C)(2)Building Official as specified in Section 3-
415B.6.b.
(ii)b. Nonresidential structures that are elevated, not flood-proofed, shall meet
comply with the same standards for enclosed areas below the lowest floor in
SDC 3.3.430(B)(1). space below the lowest floor as specified in Subsection
B.1.b., above.
(iii)c. Applicants flood-proofing non-residential buildings shall be notified that
flood insurance premiums will be based on rates that are 1 one foot below the
flood-proofed level (e.g., a building constructed floodproofed to the base flood
elevationlevel will be rated as 1 one foot below that level).
Commentary: Subsection moved from 3.3-420 B. 3., renamed, and language revised to
comply with model code layout and required language. Requirements remove the two
different standards that were in place for elevation and replace with one standard for all
manufactured dwellings regardless of location. Requirements change how elevation from
base flood elevation is measured for manufactured dwellings from lowest floor to bottom of
longitudinal chassis frame and electrical crossover. Adds anchoring requirements specific to
manufactured dwellings to this Subsection. Some of this language was previously contained
in 3.3-420 A. 1. Removes c. regarding Recreational Vehicles to its own subsection to match
model code layout.
(d)3. Manufactured HomesDwellings.
(i)a. 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);All manufactured homes that
are placed or substantially improved within Zones A1-30, AH and AE shall be
elevated on a permanent foundation where the lowest floor of the manufactured
home is elevated to a height of 1 foot above the base flood elevation:
i. On sites outside of a manufactured home park or subdivision;
ii. On sites in a new manufactured home park or subdivision;
iii. On sites in an expansion to an existing manufactured home park or
subdivision; and
iv. On sites within an existing manufactured home park or subdivision and
upon which manufactured homes have incurred substantial damage as the
result of flood.
(ii) The bottom of the longitudinal chassis frame beam shall be at or above Base
Flood Elevation;
(iii)b. All mManufactured homes 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
EXHIBIT B, Page 23 of 36
Attachment 3, Page 34 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for
additional techniques), andon sites in an existing manufactured home park or
subdivision within Zones A1-30, AH or AE that are not subject to the provisions of
Subsection a., above shall be elevated so that:
i. The lowest floor of the manufactured home is at or above the base flood
elevation, or
ii. 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.
(iv) Electrical crossover connections shall be a minimum of twelve (12) inches
above Base Flood Elevation (BFE).
Commentary: Creates new Subsection specific to recreational vehicles (RVs) to match model
code layout. Language from 3.3-420 B. 3. c. moved and revised to comply with required
language from model code. Changes further clarify what is considered temporary siting of an
RV and requires that if an RV does not meet temporary siting requirements it must comply with
the development standards for manufactured dwellings. Clarifies that RV’s get a Floodplain
Development Permit if not temporarily sited.
(e)c. Recreational Vehicles. Recreational vehicles placed on sites are required to:
within Zones A1-30, AH or AE shall:
(i). Be on the site for fewer than 180 consecutive days, and
(ii) Band 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). Satisfy Meet the review procedurerequirements of Section SDC
3.3.430(B)(3)(d)-415, including the anchoring and elevation requirements for
manufactured dwellings.
(iv) Obtain a Floodplain Development Permit per SDC 3.3.425
Commentary: Adds Subsection with required language from model code. Subsection covers
specific development standards for appurtenant structures. Requires certain development
standards be met including limiting uses and size, requiring flood-resistant materials and design.
(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;
EXHIBIT B, Page 24 of 36
Attachment 3, Page 35 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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 incompliance 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.
Commentary: Makes changes to comply with required model code language. Adds
Subsection clarifying conditions under which the City may permit encroachment in the
floodway resulting in an increase in base flood elevation. Removes an existing exception
which is not compliant with current requirements.
(4)C. Floodways. Located within the areas of special flood hazard area established in
Section SDC 3.3.420(B)-410A. and B. are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the following provisions apply:
(a)1. Encroachments, including fill, new construction, substantial improvements, and
other development is prohibited within the adopted regulatory floodway unless:
(i) c Certification by an registered professional civil engineer or architect is
provided demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachments
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
EXHIBIT B, Page 25 of 36
Attachment 3, Page 36 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
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.
EXCEPTION: Manufactured homes as well as other structures already in the
floodway may be replaced if they are located in the same site and are the same size
without the certification.
(b)2. If the requirements of SubsectionSDC 3.3.430(B)(4)C.1., above are satisfied,
all new construction, and substantial improvements, and other development shall
comply with all other applicable special flood hazard reduction provisions of
SDCSubsection3.3.430 B., above.
(c)3. Subdivision and partitioning of land for residential purposes is prohibited if land
is located entirely within the floodway.
Commentary: Adds Subsection with language from model code that is required if a
community has any shallow flooding areas ( designated as AH or AO) on their FEMA flood
maps. Although Springfield does not currently have any areas designated as such, FEMA is
updating the maps covering Springfield and may add AO or AH zones. Inclusion of this
language allows the City to have provisions in place should FEMA designate areas of
shallow flooding or should the City designate areas as such. Subsection covers specific
development standards in areas of shallow flooding for development, including new
construction, conversions, substantial improvements and RVs.
(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 one (1) to three (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 two (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 non-
residential structures within AO zones shall either:
EXHIBIT B, Page 26 of 36
Attachment 3, Page 37 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(aa) 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 two (2) feet if
no depth number is specified); or
(ba) Together with attendant utility and sanitary facilities, be completely
floodproofed to or above the depth number specified on the FIRM or a
minimum of two (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)(ca).
(iii) Recreational vehicles placed on sites within AO Zones on the community’s
Flood Insurance Rate Maps (FIRM) shall either:
(aa) Be on the site for fewer than 180 consecutive days, and
(ba) 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
(ca) 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).
Commentary: Adds section with required model code language. Makes clear that a Floodplain
Development Permit must be obtained before any development-related activity begins, and
describes the required elements of a permit application.
3.3.435 Floodplain Development Permits
(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:
EXHIBIT B, Page 27 of 36
Attachment 3, Page 38 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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 non-residential 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.
Commentary: Updates Section title to reflect model code layout and adds required model code
language.
3.3.440 Variances
3.3-430 Variance Procedures
(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.
Commentary: Makes minor wording changes to align with terminology to be used in the
development code updates.
(B)A. A Variance from the provisions of this Section, with respect to the provisions for
special flood hazard reduction, shall will be reviewed as a Type III procedure3 decision as
specified in Section SDC 5.1-135.
Commentary: Adds required model code language covering the conditions under which the City
may grant a variance. (2) and (3) were covered by 3.3-430 E. and F. and were moved here and
reworded to match model code.
(C) Conditions for Variance
(1) Generally, variances may be issued 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 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 one-half acre, the technical justification
required for issuing a variance increases.
EXHIBIT B, Page 28 of 36
Attachment 3, Page 39 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
Commentary: Adds required model code language. 3.3-430 B. 1.-3. and 9.-10. are covered by
required model code language (c), 4.-5. are added to (a) as examples of good and sufficient
cause.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause, such as, but not limited to, the facility
necessitates a waterfront location, or there are no other alternative locations for the
proposed use that are not subject to flooding or erosion damage;
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(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 wave action, if
applicable, expected at the site),
(v) Cause fraud on or victimization of the public, or
(vi) Conflict with existing laws or ordinances.
Commentary: Adds required model code language. Allows the City to grant variances for new
construction and substantial improvements if certain requirements are met.
(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.
EXHIBIT B, Page 29 of 36
Attachment 3, Page 40 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Adds required model code language. Requires the City to provide certain
disclaimers when a variance is granted and keep records of variances granted.
(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).
Commentary: Deletes approval criteria. The criteria below are either removed or covered by
(4)(a)-(c) of the above subsection as noted.
B. The Approval Authority shall consider all technical evaluations, all relevant factors and
standards specified elsewhere in this Section. A Variance shall be granted if the proposal is
determined by the Approval Authority to meet each of the following criteria:
1. There is no potential danger that materials may be swept onto other lands to the
injury of others;
2. There is no potential danger to life and property due to flooding, debris or erosion
damage;
3. There is no significant susceptibility of the proposed facility and its contents to
flood damage and the effect of that damage on the individual owner;
4. The facility necessitates a waterfront location, where applicable;
5. There are no other alternative locations for the proposed use, which are not
subject to flooding or erosion damage;,
6. The proposed use is compatible with existing and anticipated development;
7. The proposed use is consistent with the Metro Plan and Floodplain management
program for that area;
8. There is adequate and safe access to the property in times of flood for ordinary
and emergency vehicles;
9. There has been adequate consideration of expected heights, velocity, duration,
rate of rise, sediment, debris transported by the floodwaters and the effects of wave
action, if applicable, expected at the site; and
10. There are no substantial costs of providing governmental services during or after
flood conditions, including maintenance and repair of public utilities and facilities,
including, but not limited to: sewer, gas, electrical and water systems, and streets and
bridges.
EXHIBIT B, Page 30 of 36
Attachment 3, Page 41 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Makes language changes to update the process to be used for recording a
variance to ensure it aligns with Lane County practice and expands requirement for this to be
done to include a variance of any kind.
(E)C. Reasonable conditions may be established in connection with a Variance if necessary
to comply with the purpose and requirements standards of this Section. If approved, n cases
where a Variance is granted to allow residential construction with a lowest floor elevation
below the required minimum elevation, or nonresidential flood-proofing below the required
minimum elevation, the applicant shall must record a deed covenant that notice of variance
with Lane County Deeds and Records..the cost of flood insurance will be commensurable
with the increased risk resulting from the reduced floor elevation flood-proofing.
Commentary: Deletes language which is covered by the required definition for Substantial
Improvement in Section 3.3.415(34)(b).
D. Variances may be issued for the reconsideration, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places without regard to procedures specified in the remainder of this Section.
Commentary: Deletes language which is covered by required model code language in Section
3.3.440 (C)(2)-(3).
E. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
F. Variances shall only be issued upon a determination that the Variance is the minimum
necessary, considering the special flood hazard, to afford relief.
Commentary: Creates new Section combining 3.3-440 and 3.3-445 and making language edits
to comply with required model code language.
3.3.445-440 Periodic Floodplain Inspections, and Enforcement of Requirements and
PenaltiesActions
Commentary: Updates to clarify departments and roles responsible for floodplain inspection,
updates name of required permit, removes language that does not align with City practice.
(A) Field staff from tThe Development Services Department and/or the Public Works
Department shall will make periodic inspections of floodplain areas both within the city limits
and outside the city limits, but within the City’s urban services areaUGB 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 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 a report listing non-complying conditions , the
Flood Plain AdministratorDirector shall 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.
3.3-445 Land and Drainage Alteration Permits—Enforcement of Requirements and
Penalties
EXHIBIT B, Page 31 of 36
Attachment 3, Page 42 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Commentary: Adds required model code language stating requirement to comply with the
requirements of the Floodplain Overlay District and clearly stating the consequences of a
violation.
(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.
Commentary: Updates language to comply with required model code language and relevant
enforcement procedures within the City. Updates name of permit required to reflect that the
Floodplain Development Permit is the permit required in the floodplain.
A. Within Springfield’s city limits:
(1) Within City limits, 1.Eenforcement of the provisions of this Section is through
commencement of civil legal proceedingsthe applicable procedures for abatement and
civil infractions as provided in the Springfield Municipal CourtCode. Violation of the
provisions of this Section 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 fine not exceeding $250.00 or imprisonment, not
exceeding 100 days, or both fine and imprisonment. Every day of the violation shall
constitute a separate offense.
(2). Within the UGB (including within City limits), Eenforcement 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 Land and Drainage Alteration 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 Land and Drainage Alteration Permit Floodplain
Development Permit, or otherwise bring the property into conformance with the
provisions of this Section;
EXHIBIT B, Page 32 of 36
Attachment 3, Page 43 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
Commentary: Delete language that is not applicable to enforcement of a Floodplain
Development Permit. Existing code does not clearly explain the difference between a Floodplain
Development Permit (which is required by the Development Code) and Land Drainage and
Alteration Permit (which is required by the Municipal Code). Updated language in this Section
3.3.445 focuses on enforcement provisions for the Floodplain Development Permit which is
within the City’s jurisdiction to enforce, even outside of city limits.
3. Enforcement of the provisions of this Section may also be through the use of nuisance
abatement procedures of Sections 5.000 to 5.018 of the Springfield Municipal Code,
1997.
B. Beyond Springfield’s city limits but within Springfield’s urban services area. 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:
1. 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;
2. Require the person responsible and/or the property owner to take action to return the
property to its original condition 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 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 Land and Drainage Alteration Permit, or otherwise bring the property
into conformance with the provisions of this Section;
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 Section 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.
Commentary: This Subsection was deleted from 3.3-420 Development Standards B. 4.. The
model code does not have any requirements specific to foundations as that is covered by
Section 3.3.430 (B)(3)(d) and the Building Code.
EXHIBIT B, Page 33 of 36
Attachment 3, Page 44 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
4. Foundations. Foundations for all new construction, substantial improvements and
manufactured homes subject to 18 inches or less of flood water during a 100-year flood
shall be as specified in the Springfield Building Safety Codes. Foundations for all new
construction, substantial improvements and manufactured homes not in a Mobile Home
Park or Subdivision subject to 18 inches or more of flood water during a 100-year flood
or located within a designated floodway shall be certified by an engineer to meet the
following foundation requirements:
a. Concrete footings sized for 1000 psf soil pressure unless data to substantiate
the use of higher values are submitted;
b. Footings shall extend not less than 18 inches below the undisturbed natural
grade or engineered fill and in no case less than the frost line depth; and
c. Reinforced concrete, reinforced masonry, or other suitably designed
supporting systems to resist all vertical and lateral loads which may reasonably
occur independently or combined.
Commentary: This section was removed from the Floodplain Overlay District Section. SDC 5.1-
110 B. covers emergency situations within the City.
3.3-425 Emergency Approval
Where there is an emergency, the Director may issue development approval, including a Land
and Drainage Alteration Permit either orally or in writing:
A. If issued orally, written approval shall follow within 5 days setting forth the conditions
of operation.
B. Emergency approval may be issued to protect existing shorelines or structures under
immediate threat by flood or storm waters or for the prevention of channel changes that
threaten immediate and significant loss of property.
C. A representative of the City may inspect the project site to verify that an emergency
condition exists and that the emergency action will not adversely impact water
resources.
D. Emergency approval shall be in effect for the time required to complete the authorized
emergency action and shall not exceed 60 days.
E. Any emergency approval shall be circulated for public information within 10 days of
issuance.
EXHIBIT B, Page 34 of 36
Attachment 3, Page 45 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Legislative Version of
Proposed Amendments to the Springfield Development Code
Section 6.1-110 Meaning of Specific Words and Terms to Remove
Language Specific to Section 3.3.400 Floodplain Overlay District
Staff Recommendation – October 11, 2021
Changes from September 1, 2021 Public Review Draft highlighted in yellow highlight
PROPOSED AMENDMENTS
The proposed amendments to the section are shown in legislative format (deleted text with
strike-thru red font). Only definitions proposed to be changed or deleted are shown below.
Commentary is show in purple italics font.
Commentary: The changes to the definitions in this chapter remove any of the specific language
related to the floodplain. They also remove words that are only used in the Floodplain Overlay
District Section. The required definitions for the Floodplain Overlay District are contained in the
proposed amendments to Section 3.3-415 as shown above.
Building. Any structure used or intended for sheltering any use or occupancy. As used in
Section 3.3-400 Floodplain Overlay District, the terms “building” and “structure” are
synonymous, and are framed, erected, constructed or placed to stand temporarily or
permanently on a tract of land. This definition specifically includes a mobile home, manufactured
home and any accessories, and gas or liquid storage tanks principally above ground.
Building Official. The person responsible for the administration and enforcement of the
Building Safety Codes; the duly authorized representative of the Director responsible, in
consultation with the City Engineer, for the interpretation of Section 3.3-400 Floodplain Overlay
District.
Development. Any human-made change to improved or unimproved real estate, including, but
not limited to, a change in use; construction, installation or change of a structure; subdivision
and partition; establishment or termination of a right of access; storage of materials, equipment
or vehicles on the land; drilling and site alteration due to land surface mining, filling, grading,
dredging, paving, excavation or clearing of trees and vegetation. Agricultural uses (including
agricultural structures), when otherwise permitted by the base zoning district, are exempt from
this definition unless agricultural structures are placed within adopted special flood hazard
zones. As used in Section 3.3-400, Floodplain Overlay District, any human-made change to
improved or unimproved real estate located within the area of special flood hazard, including,
but not limited to, buildings and other structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations. As used in Section 3.4-280C., any activity within the
Glenwood Riverfront portion of the Willamette Greenway Overlay District that would alter the
elevation of the land; remove or destroy plant life; cause structures of any kind to be installed,
erected, or removed; or result in a measurable change of any kind.
Flood/Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid
accumulation of run-off of surface waters from any source.
EXHIBIT B, Page 35 of 36
Attachment 3, Page 46 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Flood, Base. The flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the “100 year flood.” Designation on maps always includes the
letters A or V.
Flood Hazard, Area of Special. The land in the floodplain subject to a one percent or greater
chance of flooding in any given year. Designation on maps always includes the letters A or V.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the applicable risk
premium zones.
Flood Insurance Study. The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation
of the base flood.
Flooding, Area of Shallow. A designated AO or AH Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and intermediate; and, velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
Floodway. The channel of a river or other watercourse and the adjacent land areas that is
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in
an area other than a basement area, is not considered a building's lowest floor, provided that
the enclosure is not built to render the structure in violation of the applicable non-elevation
design requirements.
Structure. Anything constructed or built, any edifice or building or any kind or any piece of work
artificially built up or composed of parts joined together in some definite manner. As used in
Section 3.3-400, Floodplain Overlay District, a walled or roofed building including a gas or liquid
storage tank that is principally above ground.
EXHIBIT B, Page 36 of 36
Attachment 3, Page 47 of 47
Code Amendments – Legislative Version
Floodplain Overlay District
Clean Version of
Proposed Amendments to the Springfield Development Code
Section 3.3-400 Floodplain Overlay District to Incorporate Federal
Requirements
Staff Recommendation – October 11, 2021
Changes from August 30, 20201 public review draft highlighted in yellow highlight
PROPOSED AMENDMENTS
Section 3.3-400 of the Springfield Development Code (SDC) has been re-organized to more
closely match the structure of the Oregon Model Hazard Ordinance (version October 2020) that
was developed to incorporate requirements of the Federal Emergency Management Agency.
This document shows how the Floodplain Overlay District regulations would appear in the
Springfield Development code if all proposed amendments are adopted.
A listing of key changes proposed is available as a separate document entitled “Floodplain
Overlay District Key Changes.” Please see the legislative version of proposed code
amendments for detailed explanations of the proposed changes to formatting and text.
3.3.400 Floodplain Overlay District
3.3.405 Statutory Authority and Interpretation
3.3.410 Purpose
3.3.415 Definitions
3.3.420 Applicability
3.3.425 Administration
3.3.430 Development Standards
3.3.435 Floodplain Development Permits
3.3.440 Variances
3.3.445 Periodic Floodplain Inspection, Enforcement of Requirements and
Penalties
3.3.405 Statutory Authority and Interpretation
(A) Statutory Authorization.
The State of Oregon has in ORS 197.175 delegated the responsibility to local governmental
units to adopt floodplain management regulations designed to promote the public health,
safety, and general welfare of its citizenry.
(B) Interpretation. In the interpretation and application of this Section, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
3.3.410 Purpose
Attachment 4, Page 1 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
Attachment 4, Page 2 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
3.3.415 Definitions
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. A request for a review of the interpretation of any provision of this Section or a
request for a variance.
Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH on a
community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual
chance of flooding to an average depth of one to three 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.
Area of special flood hazard. The land in the floodplain within a community subject to a
one 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. The flood having a one percent chance of being equaled or exceeded in
any given year.
Base flood elevation (BFE). The elevation to which floodwater is anticipated to rise
during the base flood.
Basement. Any area of the building having its floor subgrade (below ground level) on all
sides.
Building. 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.
Attachment 4, Page 3 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
F
Flood or Flooding.
(1) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (a)(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.
(2) 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 (a)(1) of this
definition.
Flood elevation study. See “Flood Insurance Study”.
Flood Insurance Rate Map (FIRM). 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).
Flood Insurance Study (FIS). 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.
Flood proofing. 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.
Floodplain or flood prone area. Any land area susceptible to being inundated by
water from any source. See "Flood or flooding."
Floodplain administrator. The community official designated by title to administer and
enforce the floodplain management regulations.
Floodplain management. 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.
Attachment 4, Page 4 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
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.
Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height. Also referred to as
"Regulatory Floodway."
Functionally dependent use. 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. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) 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;
(2) 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;
(3) 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
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or
(b) Directly by the Secretary of the Interior in states without approved programs.
L
Letter of Map Change (LOMC). Means 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:
(1) 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
Attachment 4, Page 5 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 baes flood elevations, or the special flood hazard area.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building’s
lowest floor, provided that 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. A structure, transportable in one 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”.
Attachment 4, Page 6 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
Manufactured dwelling park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured dwelling lots for rent or sale.
Mean sea level. 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. A vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway. See “Floodway”.
S
Special flood hazard area. See “Area of special flood hazard” for this definition.
Start of construction. 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.
Attachment 4, Page 7 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
Structure. 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.
Substantial damage. Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial improvement. 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:
(1) 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
(2) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure.”
V
Variance. A grant of relief by the City of Springfield from the terms of a flood plain
management regulation.
Violation. 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.
3.3.420 Applicability
(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,
Attachment 4, Page 8 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
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.
3.3.425 Administration
(A) Floodplain development proposals within the FP Overlay District are reviewed under
Type 1 procedure found in SDC 5.1-125. (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.
Attachment 4, Page 9 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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 SDC3.3.415.
(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)(4) and
SDC 3.3.425(C)(1)(b) 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.
Attachment 4, Page 10 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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)(4).
(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 the boundaries of the
community have 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 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 SDC3.3.425(C)(3)(c). Ensure compliance with all
applicable requirements in SDC 3.3.425(C)(3)(c) and SDC 3.3.430(A)(1).
Attachment 4, Page 11 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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 six 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:
(aa) Proposed floodway encroachments that increase the base flood
elevation; and
(ba) Proposed development which increases the base flood elevation by
more than one foot in areas where FEMA has provided base flood elevations
but no floodway.
(ii) An applicant shall notify FEMA within six (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.
Attachment 4, Page 12 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(3) The City will notify affected property owners when submitting the damage report to
FEMA.
3.3.430 Development Standards
(A) General Standards. In all special flood hazard areas within the City and its urbanizable
area, 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.
(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.
(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.
Attachment 4, Page 13 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
(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 one
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
five 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:
(i) Be consistent with the need to minimize flood damage;
(ii) Have public utilities and facilities such as sewer, gas, electrical and water
systems located, constructed, and maintained to minimize or eliminate flood
damage;
(iii)Have adequate drainage provided to reduce exposure to flood hazards.
(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).
Attachment 4, Page 14 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(b) Base Flood Elevations shall be determined for development proposals that are
five 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 two (2) feet above the highest adjacent grade to be reasonably safe from
flooding. Failure to elevate at least two 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;
(c) Be certified by a registered professional engineer or architect or meet or exceed
all of the following minimum criteria:
(i) A minimum of two openings,
(ii) The total net area of non-engineered openings shall not be less than one
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 one 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
Attachment 4, Page 15 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
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 one side;
(iii) The garage is used solely for parking, building access, and/or storage;
(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 non-residential 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.
(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 one foot at any point within the community.
Attachment 4, Page 16 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(b) Residential Construction. New construction, conversion to, and substantial
improvement of any residential structure shall have the lowest floor, including
basement, elevated to one 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) Non-residential 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 one foot above the base flood
elevation (BFE); Or together with attendant utility and sanitary facilities,:
(aa) Be floodproofed to one foot above the base flood elevation, so that the
structure is watertight with walls substantially impermeable to the passage of
water;
(ba) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(ca) 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 non-residential 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 elevation will be
rated as one 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
Attachment 4, Page 17 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
“Manufactured Home Installation in Flood Hazard Areas” guidebook for additional
techniques), and
(iv) Electrical crossover connections shall be a minimum of twelve (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.
(iv) Obtain a Floodplain Development Permit per SDC 3.3.425
(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;
Attachment 4, Page 18 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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 incompliance 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 SDC3.3.430.
(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 one (1) to three (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):
Attachment 4, Page 19 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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 two (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 non-
residential structures within AO zones shall either:
(aa) 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 two (2) feet if
no depth number is specified); or
(ba) Together with attendant utility and sanitary facilities, be completely
floodproofed to or above the depth number specified on the FIRM or a
minimum of two (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)(ca).
(iii) Recreational vehicles placed on sites within AO Zones on the community’s
Flood Insurance Rate Maps (FIRM) shall either:
(aa) Be on the site for fewer than 180 consecutive days, and
(ba) 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
(ca) 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).
3.3.435 Floodplain Development Permits
(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
Attachment 4, Page 20 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
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 non-residential 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.
3.3.440 Variances
(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 as a Type 3 decision as specified in SDC 5.1-135.
(C) Conditions for Variance
(1) Generally, variances may be issued 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 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 one-half 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.
Attachment 4, Page 21 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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 such as, but not limited to, the facility
necessitates a waterfront location, or there are no other alternative locations for the
proposed use that are not subject to flooding or erosion damage;
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(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 wave action, 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. .
Attachment 4, Page 22 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
3.3.445 Periodic Floodplain Inspections, Enforcement of Requirements and
Penalties
(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 Flood Plain 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
Attachment 4, Page 23 of 24
Code Amendments – Legislative Version
Floodplain Overlay District
(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.
Clean Version of
Proposed Amendments to the Springfield Development Code
Section 6.1-110 Meaning of Specific Words and Terms to Remove
Language Specific to Section 3.3.400 Floodplain Overlay District
Staff Recommendation – October 11, 2021
Changes made from September 1, 2021, Public Review Draft in yellow highlight
PROPOSED AMENDMENTS
The proposed amendments to the section are shown in legislative format (deleted text with
strike-thru red font). Only definitions proposed to be changed or deleted are shown below.
Commentary is show in purple italics font.
Commentary: The changes to the definitions in this chapter remove any of the specific language
related to the floodplain. They also remove words that are only used in the Floodplain Overlay
District Section. The required definitions for the Floodplain Overlay District are contained in the
proposed amendments to Section 3.3-415 as shown above.
Building. Any structure used or intended for sheltering any use or occupancy.
Building Official. The person responsible for the administration and enforcement of the
Building Safety Codes.
Development. Any human-made change to improved or unimproved real estate, including, but
not limited to, a change in use; construction, installation or change of a structure; subdivision
and partition; establishment or termination of a right of access; storage of materials, equipment
or vehicles on the land; drilling and site alteration due to land surface mining, filling, grading,
dredging, paving, excavation or clearing of trees and vegetation. Agricultural uses (including
agricultural structures), when otherwise permitted by the base zoning district, are exempt from
this definition As used in Section 3.4-280C., any activity within the Glenwood Riverfront portion
of the Willamette Greenway Overlay District that would alter the elevation of the land; remove or
destroy plant life; cause structures of any kind to be installed, erected, or removed; or result in a
measurable change of any kind.
Structure. Anything constructed or built, any edifice or building or any kind or any piece of work
artificially built up or composed of parts joined together in some definite manner.
Attachment 4, Page 24 of 24
Draft Council Ordinance
Floodplain Overlay District
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING THE SPRINGFILED DEVELOPMENT CODE (SDC) SECTION 3.3-
400 – FLOODPLAIN OVERLAY DISTRICT REGARDING REGULATION OF DEVELOPMENT
WITHIN THE FLOODPLAIN; AMENDING SDC SECTION 6.1-100 – DEFINITIONS; ADOPTING
SEVERABILITY AND ABROGATION CLAUSES.
WHEREAS, the State of Oregon has in ORS 197.175 delegated responsibility to local governmental
units to adopt floodplain management regulations designed to promote the public health, safety, and
general welfare of its citizenry;
WHEREAS, the flood hazard areas of the City of Springfield are subject to periodic inundation which
may result in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general welfare;
WHEREAS, these flood losses may be caused by the cumulative effect of obstructions in special flood
hazard areas which increase flood heights and velocities, and when inadequately anchored, cause
damage in other areas; uses that are inadequately floodproofed, elevated, or otherwise protected from
flood damage also contribute to flood loss;
WHEREAS, the City of Springfield participates in the National Flood Insurance Program (NFIP)
administered by the Federal Emergency Management Agency (FEMA) and is thus required to adopt and
enforce a floodplain management ordinance regulating development in the community’s floodplain;
WHEREAS, the Springfield City Council adopted Ordinance No. 5366 on March 16, 1987 which
repealed and replaced the adopted floodplain management regulations in Article 27 of the Springfield
Development Code (SDC);
WHEREAS, the City Council subsequently amended the floodplain regulations seven times;
WHEREAS, the Springfield Development Code was reformatted through Ordinance 6206 adopted on
September 17, 2007 which resulted in the Floodplain Overlay District being codified as Section 3.3-400
which contains the standards and regulations to be applied to development within the Floodplain
Overlay District;
WHEREAS, the Oregon Department of Land Conservation and Development (DLCD), which is the
designated NFIP coordinating agency for the state, completed an audit of Springfield’s floodplain
regulations which resulted in recommendations to update the City’s floodplain management program to
comply with FEMA’s current minimum floodplain development standards contained in the Code of
Federal Regulations Title 44, a requirement for participation in the NFIP;
WHEREAS, to bring the City into compliance with minimum requirements, it is necessary to amend
SDC 3.3-400 regulating development in the Floodplain Overlay District so that it aligns with the State of
Attachment 5, Page 1 of 3
Draft Council Ordinance
Floodplain Overlay District
Oregon Model Flood Hazard Management ordinance produced by DLCD and approved by FEMA Region
X, effective October 23, 2020;
WHEREAS, notice was sent to the Department of Land Conservation and Development on August 4,
2021, 35 days prior to the first evidentiary hearing as required under OAR 660-018-0040(8);
WHEREAS, on September 8, 2021 the Planning Commission held a duly noticed public hearing
regarding this proposal, Planning File #811-21-000210-TYP4, and kept the written record open through
October 15, 2021, for submission of additional information to consider in its recommendation; and
WHEREAS, after review of the staff report, evidence in the record, and testimony of those who spoke
at the public hearing, the Planning Commission recommended approval of the changes to the
Springfield Development Code on October 19, 2021;
WHEREAS, on December 13, 2021 the Springfield City Council and Lane County Board of
Commissioners held a duly noticed joint public hearing regarding this proposal, Planning File #811-21-
000210-TYP4, and after review of the Planning Commission recommendation, staff report, evidence in
the record, and testimony of those who spoke at the public hearing, the Springfield City Council and
Lane County Board of Commissioners;
WHEREAS, these regulations are adopted through the City of Springfield’s broad home rule authority
under the Chapter II of Springfield City Charter, which provides the following:
Section 4. Powers of the City. The City has all powers that the constitutions, statutes and
common law of the United States and of the State of Oregon now or hereafter expressly or
impliedly granted or allowed the City, as fully as though this Charter specifically enumerated
each of those powers.
Section 5. Construction of Powers. In this Charter no specification of power is exclusive or
restricts authority that the City would have if the power were not specified. The Charter shall be
liberally construed, so that the City may exercise as fully as possible all powers possible for it
under this Charter and under United States and Oregon law. A power of the City continues
unless the grant of the power clearly indicates the contrary.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The findings of fact set forth in Exhibit A are adopted.
Section 2. Sections 3.3-400 and 6.1-100 of the Springfield Development Code are amended
as provided in Exhibit B, attached hereto and incorporated by reference.
Section 3. Savings Clause. Except as specifically amended herein, the Springfield
Development Code shall continue in full force and effect.
Section 4. Severability Clause. This ordinance and the various parts thereof are hereby
declared to be severable. 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
Attachment 5, Page 2 of 3
Draft Council Ordinance
Floodplain Overlay District
portion shall be deemed a separate, distinct and independent provision and said holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 5. Abrogation Clause. This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this ordinance and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 6. Effective date of Ordinance. This Ordinance will take effect as provided in
Section 2.110 of the Springfield Municipal Code, or upon the date that an ordinance is enacted by the
Lane County Board of Commissioners adopting the same amendments as described in Section 2 of this
Ordinance, or upon acknowledgement of this Ordinance under ORS 197.625, whichever occurs last.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 5, Page 3 of 3
Attachment 6, Page 1 of 2
Attachment 6, Page 2 of 2
Development & Public Works September 8, 2021
Springfield City Council
Planning Commission
City of Springfield,
Via Email to Ms. Sandy Belson @ sbelson@springfield-or.gov
RE: Planning Case No. 811-21-000210-TYP4. Suggested Added and Amended
Variance Provisions in Sect. 3.3.440C(4)(b) to support Affordable Housing Goals
and Accurate Information Provision
Dear Commissioners and Councilpersons,
I applaud you taking the time and effort to update the Flood Overlay Zone with
the necessary amendments to keep the Springfield Urban Growth Boundary
properties within in the FEMA Flood Insurance Program, as well as incorporate
the State model provisions for consistency.
However, there are two problems not addressed in the Variance section. First, is
that an applicant should be able to obtain a variance when the Floodplain Overlay
District Zone’s portion applies to a property and its only reason for applying is
because the Zone is based on an out-of-date federal Flood Insurance Rate Map
(FIRM). There is nothing in the amended provisions to account for this. Such an
“Impossible Floodway” exists where past open drainage channels have been filled
and their flows directed into underground piping systems that no longer present a
channeled pathway for floodwaters to reach the property. If such “on the
ground” situation exists (and it does), then a variance provision should be added
to Code amendments to account for this impossible flood scenario.
The other problem with the variance provision 3.3.44C(4)(b) is that it requires
proof of “exceptional hardship.” This should be amended to just be “hardship.”
Is needing to spend $1000 more on building construction “exceptional hardship,”
how about $100,000? What about dollar amounts in between? Clearly, it
depends on the homeowner’s or the developer’s base financial resources. The
proposed language as it exists does not support the affordable housing goals of
Attachment 7, Page 1 of 3
the city or the State. The Planning Commission has sufficient discretion in the
other variance provisions to reject spurious variance applications without needing
to make all applications meet such a high bar.
An example of the need for proposed addition 1 is that I was told by City Staff that
the only way that a covered open flood channel could be removed from the
federal FIRMs is that it would require a Capital Budget Item to complete a study.
That study is then submitted to Federal Emergency Management Agency to get
non-existent flood channels removed from the maps, thus freeing up the
properties from the overlay zone. The City actually completed such map
amendment for the lower portion of Channel 6 in 2017.
But, the reason presented for justifying the cost of FIRM amendment was that
the City planned to complete storm water channel improvements in the area.
A letter announcing that map update was sent to affected property owners on
September 16,2016 by Springfield Planning Supervisor and Floodplain
Administrator James Donovan.
The proposed added variance provision would not strap homeowners into being
bound by a planned flood situation that had been rendered impossible from
occurring.
An actual example is the attached 1999 map that shows flood Channel 6 in north
Springfield, north of State Highway 126 and east of 5th Street. That FIRM map is #
41039C1134 F (Panel 1134 of 2975). In the early 2000’s T St. was put through and
an about 60 house residential subdivision was built over the shaded Zone A.
Without being able to cite the exact Metro Plan language or an individual Oregon
Revised Statute, I believe that there is now a Statewide Planning Goal to
encourage Affordable Housing. I would cite to this provision for supporting both
of the requested changes to the Variance procedures: to insure accurate and
timely information is in the Floodplain Overlay; and, to make unnecessary,
potentially costly building requirements unable now to logically and factually be
avoided in future residential construction and development.
\\\
Thank you and Sincerely,
Attachment 7, Page 2 of 3
William Carpenter
/s William Carpenter
680 T St.
Springfield, OR 97477
Attachment:
Portion of FIRM # 41039C1134 F, Panel 1124 of 2975, effective date June 2, 1999.
Attachment 7, Page 3 of 3