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ORDINANCE NO. 76-2008

AN ORDINANCE AMENDING THE RIVERGROVE LAND DEVELOPMENT ORDINANCE, AND ORDINANCE NO. 52 AND ORDINANCE NO. 70-2001 AND DECLARING AN EMERGENCY

Submitted to the Rivergrove City Council on 6-9-08

Adopted by the Rivergrove City Council on 6-9-08 Are Signature
, Hafez Darae, Mayor
Date: 6-9-08

Signature
, Sheri Richards, City Recorder
Date: 6-9-08

ORDINANCE NO. 76-2008

AN ORDINANCE AMENDING THE RIVERGROVE LAND DEVELOPMENT ORDINANCE, AND ORDINANCE NO. 52 AND ORDINANCE NO. 70-2001 AND DECLARING AN EMERGENCY

WHEREAS, The legislature of the state of Oregon has delegated the responsibility to local government units to adopt regulations designed to promote public health, safety and general welfare, and

WHEREAS, The risk of flooding, including the risk to human life and property, and the maintenance of the functions and values and flood plains by allowing for the storage and conveyance of stream flows through their natural systems are vitally important to the public health, safety and general welfare, and

WHEREAS, The City has adopted a Flood Damage Prevention Ordinance, Ordinance No. 52, with amendments as set in Ordinance No. 62-98, and

WHEREAS, The City has adopted Ordinance No. 70-2001 to comply with the requirements of Title 3 of Metro’s Urban Growth Management Functional Plan, and

WHEREAS, the Federal Emergency Management Agency (“FEMA”) has recently updated the Flood Insurance Study (FIS) and Flood Insurance Rate Map (“FIRM”) for the areas including the City that changes the floodplain and floodway to more accurately depict those areas and to account for changes, and

WHEREAS, It is in the best interest of the City to adopt the new FEMA Flood Insurance Study and Flood Insurance Rate Map to protect the public health, safety and general welfare, and

WHEREAS, an emergency exists that requires the immediate effectiveness of this ordinance is required to protect citizens of Rivergrove,

NOW THEREFORE; The City of Rivergrove ordains as follows:

Section 1: Section 3.2 of Ordinance No. 52 is amended to read as follows:

3.2 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 “Flood Insurance Study Clackamas County, Oregon and Incorporated Areas Volume 1 of 3 effective June 17, 2008 FIS Number 41005CV001A,” with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the City Recorder’s office.

Section 2: Attachment C to Ordinance No. 54-89 (the Rivergrove Land Development Ordinance) is amended to read as follows:

Section 5.020 Flood Hazard District.

All land development within the 100 year flood boundary as identified in the Flood Insurance Rate Map (FIRM) Panel 0013D Map Number 41005C0013D effective date June 17, 2008 shall be within the Flood Hazard District (FHD) and shall be subject to special requirements in addition to the criteria and standards of this ordinance. Land subject to flood hazard is generally indicated on the floodplain map found in the Flood Insurance Study and consists of those areas of the City where hydrological studies have been prepared by the Federal Emergency Management Agency. The FIRM shall be available to public inspection by contacting the City Recorder at 503 624-8498 during regular business hours. All development within the 100 year flood boundary shall follow the provisions of the Flood Damage Prevention Ordinance of the City of Rivergrove (Ord. #52 and Ord. #70-2001) in addition to the provisions of this ordinance.

Section 3: Section XIV of Ordinance No. 70-2001 is amended as follows:

Section XIV Definitions

Flood Management Areas. All lands contained within the 100 year floodplain and floodway as shown on the Federal Emergency Management Agency Flood Insurance Rate Map Panel 0013D effective date June 17, 2008

Section 4: Emergency Declared.

Because the immediate effectiveness of this ordinance is needed to protect the public health, safety and welfare, an emergency is declared and, in accordance with Section 36 of the Rivergrove City Charter, this ordinance shall be effective immediately upon passage by the Rivergrove City Council.