Ord 1654COUNCIL BILL N0. 500
ORDINANCE NO 1654
AN ORDINANCE REGULATING AND CONSTRAINING DEVELOPMENT AND CONSTRUCTION
WITHIN THE FLOOD-PLAIN AREAS OF WOODBURN, AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Purpose and Intent. It is the purpose and intent
of this ordinance to promote the public health, safety and welfare, and
to minimize public and private losses due to flood conditions by
regulating and constraining development and construction within the
flood-plain areas of Woodburn.
Section 2. Definitions.
(a) "Area of special flood hazard" means the land in the
flood plain within the community subject to one percent (1%) or
greater chance of flooding in any given year.
(b) "Base Flood" means a flood having a one percent (1%}
chance of being equaled or exceeded in any given year.
(c) "Development" means any man-made changes to improved
or unimproved real estate including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excava-
tion, or drilling operations located within the area of special flood
hazard.
(d) "Flood or Flooding" means a general and temporary
condition of partial or complete inundation of normally dry land areas.
(e) "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration that includes flood
profiles, the flood boundary floodway map, and water surface elevation
of abase flood .
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(f) "Floodway" means the channel of a stream or other water
course and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water
surface elevations more than one (1) foot.
(g) "Mobile Home" means a structure that is transported in
one or more sections, built on a permanent chassis and designed to
be used with or without a permanent foundation when connected to the
required utilities and does not include recreational vehicles or
travel trailers.
(h) "New Construction" means structures for which the start
of construction commenced an or after the effective date of this
ordinance.
(i) "Start of Constructions' means the first placement of
permanent construction of a structure other than a mobile home on a
site, such as the pouring of slabs or footings or any work beyond the
stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include
excavation for 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 nor as part of the main structure.
(j) "Storm Water Management Plan" means the section of the
city's officially adopted Comprehensive Plan which deals with storm
water and flood water management.
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(1} "Structure" means a walled and roffed building and/
or mobile home that is principally above ground.
(m) "Substantial Improvement" means any repair, reconstruc-
tion or improvement of the structure, the cost of which equals or
exceeds fifty percent (50%) of the market value of the structure
either,
(1} before the improvement or repair is started, or
(2) if the structure has been damaged and is being
restored, before the damage occurred. For the purpose of this defini-
tion, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of
the building commences whether or not that alteration affects the
external dimensions of the structure.
Section 3. General Provisions.
(a) Lands to which this ordinance applies.
This ordinance shall apply to all areas of special flood
hazard within the jurisdiction of the City of Woodburn.
(b) Basis for establishing the areas of special flood hazard.
The area of special flood hazard identified by the
Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the City of Woodburn"
dated March 1, 1979, with accompanying flood insurance maps is hereby
adopted by reference and declared to be a part of this ordinance.
In addition, the City's Storm Water Management Plan is also adopted
by this ordinance and included as a part thereof.
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(c) Minir~um floor elevations for structures in the flood
hazard area. The following shall be the minimum floor elevations for
the flood hazard areas within the City of Woodburn:
MILL CREEK DRAINAGE
ELEVATION
MEAN SEA--LEVEL
From North City Limits to Highway 214.......155.3
From Highway 214 to Front Street............156.0
From Front Street to Hardcastle Avenue......150.0
From Hardcastle to Lincoln Street...........167.5
From Lincoln Street to Young Street.........170.0
From Young Street to Cleveland Street.......171.0
From Cleveland Street to Wilson Street......171.5
From Wilson Street to Corporate Limits......172.5
SENEGAL CREEK DRAINAGE
From North City Limits to Steven Street
extension ..............................153.5
From Steven Street extension to
Antioch Road extension .................165.5
From Antioch Road to South City Limits......167.5
(d) Floodways defined. The following floodways are hereby
defined by this ordinance:
(1) For Mill Creek main drainage channel as defined
in the Storm Water Management Plan, a floodway of 120 feet with the
center line located on the existing channel of Mill Creek.
(2) For Senecal Creek main channel, a floodway of
120 feet with the center line being the existing channel of Senecal
Creek.
(3) For the tributary in drainage basin N.o. 2 as
defined on the Storm Water Management Plan, a floodway of 80 feet
from the confluence with tributary No. 2 with Mill Creek upstream
1, 600 feet .
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(4) For the tributary in drainage basin No. 3,
a floodway channel of 60 feet from the confluence of tributary
No 3 with the main Mill Creek channel upstream 1,000 feet.
{5) For the tributary in drainage basin No. 5,
a f loodway of 80 feet from the confluence of tributary No . 5 with
the Mill Creek channel upstream 1,600 feet.
(6) For the tributary in drainage basin No. 6,
a f l0odway of 100 feet from the confluence of tributary No . 6 with
the Mill Creek channel upstream 1,000 feet, a floodway of 80 feet
from 1, 000 feet to 1, 500 feet, and a f loodway of 60 feet from
1, 500 feet to 2 , 000 feet above the confluence of Mil 1 Creek .
(7) .For the tributary in drainage basin No. 7, a
floodway of 80 feet from the confluence of tributary No . 7 with
Mill Creek upstream 1,800 feet,
(8) For the Senecal Creek tributary which is
unnumbered on the Storm Water Management Plan but which drains the
area from Interstate-~i to Woodland Avenue, a floodway of 80 feet
from the point of its confluence with Senecal Creek upstream to the
point at which it crosses underneath State Highway 214.
{e) In addition to the above mentioned floodways, a
floodway of 40 feet shall be maintained on all open existing
drainage channels within the city of Woodburn.
Section 4. Administration.
(a) Establishment of development permit. A development
permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 3 (b).
The permits shall be for all structures including mobile
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homes as set forth in the definitions and for all other developments
including fill and other activities as also set forth in the defini-
t ions .
{b) Designation of the City Engineer. The City Engineer,
or his designate, is hereby appointed to administer and implement
this ordinance by granting or denying development applications in
accordance with its provisions.
(c) Duties and responsibilities of the City Engineer.
Duties of the City Engineer shall include, but are not limited to:
(1) Permit review. Review all development permits
to determine whether the permit requirements of this ordinance have
been satisfied.
(2) Review all development permits to determine that
all necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if
the proposed development is located in the floodway.
(4} Review all requests to fill in the flood hazard
area to determine if the requests are in conformance with the
criteria set forth in this ordinance.
(d) Use of other base flood data. When base flood
elevation data has not been provided in accordance with section 3
(b), (c), the City Engineer shall obtain, review, and reasonably
utilize any base flood elevation data available from federal, state,
or other sources in order to administer the provisions of this
ordinance.
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(e) Information to be obtained and maintained.
(1) 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.
(2) For all new or substantially improved flood
proof structures,
(i) obtain and record the actual elevation (in
relation to mean sea level} and,
(ii) maintain the flood proofing certifications
required in Section 6 (b) (3).
(3} Elevations required above shall be provided by the
owner along with a certification by an engineer or registered land
surveyor of the actual elevation above mean sea level of the lowest
floor of the structure. .
(f) Alteration of water courses.
(1) Notify adjacent communities and the state agency
responsible prior to any .alteration or relocation of a water course,
and submit evidence of such notification to the Federal Insurance
Administration.
{2) Require that maintenance is provided within the
altered and relocated protion of said water course so that the flood
carrying capacity is not diminished.
Section 5. General Standards. In all areas of special
flood hazards the following standards are required.
(a) Anchoring.
(1} All new construction and substantial improvements
to existing structures shall be anchored to prevent floatation, collapse,
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or lateral movement of the structure.
(2} All mobile homes in a special flood hazard area
shall be placed on fill elevated to the minimum elevations established
in Section 3(c) or 1.5 feet above the elevation of the base flood.
(b) Utilities.
(1} All new and replacement water supply systems
shall be designed and constructed to minimize or eliminate infiltration
of flood waters into the system.
(2) New and replacement sanitary sewer systems shall
be designed and constructed to minimize or eliminate infiltration of
flood waters into the systems and discharge of the systems into the
flood waters.
(3) On-site waste disposal systems shall be located
to avoid impairment to them Or contamination from them during flooding.
(c) Storage of materials and equipment. Materials that
are buoyant, flammable, obnoxious, toxic or otherwise injurious to
persons or property, if transported by floodwaters, are prohibited
in the flood hazard area. Storage of materials and equipment not
having these characteristics is permissible only if the materials
and equipment have low-damage potential and are anchored or are
readily removable from the area within the time available after fore-
casting and warning, however, no storage is allowed in the floodway.
Section 6. Specific Standards In all areas of special
flood hazards where base flood elevation data has been provided in
this ordinance under Section 3 (c) or Section 4 (d), the following
provisions are required.
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(a) Residential construction. New construction and sub-
stantial .improvement of any residential structures shall have the'
lowest .floor, including. basement ,- elevated to or above the
elevation established in Section 3 (c}, or 1.5 feet above the eleva-
tion established in Section 4 (d}.
(b) Non-Residential construction. New construction and
substantial improvement of any commercial, industrial or other non-
residential structure shall either have the lowest floor, including
basement, elevated to the level of the elevation established in
Section 3 {c), or 1.5 feet above the elevation of the base flood
established in Section 4 (d); or, together with the attendant utility
and sanitary facilities shall:
(1) Be flood proofed so that below the base flood level
of the structure is water-tight with walls substantially impermeable
to the passage of water.
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effect of buoyancy in abase
flood .
(3) Be certified by a registered professional engineer
or architect that the standards of this subsection are satisfied.
Such certification shall be provided to the City Engineer.
(4) For new mobile home parks and mobile home
subdivisions, for expansions to existing mobile home parks and mobile
home subdivisions, for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction, or improvement of the
streets, utilities, and pads equals or exceeds 50% of value of the
streets, utilities and pads before the repair, reconstruction or
improvement has commenced, and for mobile homes not placed in a
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mobile home park or mobile home subdivision requirements are:
(i) Stands or lots are elevated on compacted fill
which meet the requirements of this ordinance under Section 5 (a)(2).
(ii) Adequate surface drainage and access for a hauler
are provided.
Section 7. Floodways.
(a) In the floodways as defined under Section 3(d) of this
ordinance no construction, fill excavation, or substantial improvement
shall be allowed.
(b) Notwithstanding Section (a) above, fills for public
roads crossing the floodway may be allowed if the discharge of flood-
waters is not substantially altered, nor shall cleaning and improve-
ment of the stream channels by the city be precluded under this
ordinance, Floodways may be relocated so that the center of the
floodway is not on the existing drainage channel if evidence is pro-
vided satisfactory to the City Engineer by a registered professional
engineer that relocation of the floodway within the flood hazard area
would not substantially alter discharge of flood waters.
Section 8. Fill Standards.
(a) All structures built in the special flood area shall
be constructed on engineered fill or shall have designed footings
at suitable depth, both as required by the Uniform Building Code, or
in conformance with other additional standards as required by the
City Engineer in accordance with good engineering practices.
(b) The slope on a fill in the special flood hazard area
shall not exceed 33%. Toe of such fill shall be outside the floodways
defined in Section 3 (d).
(c} The amount of fill in the special flood hazard area
shall be kept ~o a minimum. The following standards shall apply
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(1) Only one structure per existing lot at the time
of passage of this ordinance shall be allowed for areas within the
special flood hazard area. The structure shall be located so that
a minimum amount of fill will be necessary for the elevation of the
structure above the flood level.
(2} All subdivision, partitioning, and planned unit
developments which envision development of any special flood hazard
area shall indicate on the preliminary plan the location of all
structures proposed to be located in the flood hazard area. These
structures shall be located so that a minimum amount of fill is required
to develop the land.
(3} Development proposals, whether non-residential or
residential, together with public utilities and facilities attendant
to them, shall be constructed to minimize flood damage, and adequate
drainage shall be provided. In areas not covered by Section 3 (b),
flood elevation data shall be provided by the developer.
(4} Multiple family residential or non-residential
structures shall be located as far as practical on the existing
contiguous property from the floodway.
Section 9. Density Transfers. The Planning Commission may,
upon application under the variance procedure, allow a higher density
of dwelling units or structures on a parcel of property which contains
areas of special flood hazard if the areas of special flood hazard are
left substantially without fill. The Commission shall determine the
amount of fill which would practically be allowed in the flood hazard,
and the additional amount of density on land outside the special flood
hazard area which should be allowed due to the Loss of the developable
land in the flood hazard area,
Section 10. Variances. Variances to this ordinance shall
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comply with the same standards and follow the same procedures for
variances to the Zoning Code of the City of Woodburn.
Section 11. Enforcement.
(a} Violation of this ordinance shall be punishable by a
fine of up to $500 for the first offense ( finding of violation) , and
by a fine of up to $500 and 90 days in the city jail for the second
and suceeding offenses (finding of violation). A separate offense
will be deemed to occur on each calendar day that the infraction
continues to exist, and a separate citation may be filed for each
such offense.
(b} Alternate Remedy. If a parcel of land is, or is
proposed to be used, developed, or maintained in violation of this
ordinance, the aforesaid use shall constitute a nuisance, and the
City may, as an addition to other remedies that are legally available€
for enforcing this ordinance institute injunction, mandamus, abatement,
or other appropriate proceedings to prevent, enjoin temporarily or
permanently, abate or remove the unlawful use, development, or main-
tenance of the land.
Section 12. Violation as Nuisance. Violation of any pro-
vision of this ordinance is hereby declared to be a nuisance, for
which remedy may be pursued by the city to the full extent of law,
notwithstanding any limitation in this or any other ordinance.
Section 13. Se~erability. If any word, clause, phrase,
section, subsection, or other portion of this ordinance is found
invalid by a court of competent jurisdiction, then the remainder of
the ordinance shall be given full effect.
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Section 14. Ordinance Repealed. Ordinance No. 1434 as
amended, Ordinance No. 1528, Chapter 36 of Ordinance No. 1344 (added
by Ordinance No. 1528), and Ordinance No. 1565 as amended, are hereby
repealed.
Section 15. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor.
APPROVED : ~ ~`, 'f, ~ o "~ `~~
1~~
E.° ALTER LA ON, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
February 12, 1979
February 12, 1979
February 13 1979
February 13~ 1979
ATTEST : ~~ ~ `~ ~' `~~
Barney .Burris, Recorder
City of Woodburn, Oregon
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I, BARNEY O. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1654, one of which said copies posted in
the City Hall on the bulletin board adjacent to the entrance
to the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said
places are public places within the corporate limits of
the City of Woodburn and all of said copies were posted
... .... .... .... .
on the ~14~th day of February 1979.
________
-- ~-z~~
Barney 0. Bu is~, Recorder
City of Woodburn, Oregon