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City of Vernonia

Floodplain Development

Standard Operating Procedures

About and Usage

This document condenses those regulations and policies codified in Title 9 Chapter 5 - Flood Hazard Reduction into procedures for City Staff to effectively, with consistency, and in accordance with State of Oregon and FEMA guidelines, to perform administrative duties related to floodplain management.

These standard operating procedures are not a policy enacted by Ordinance or Resolution of the City of Vernonia, Oregon. Any error or omission in this document, or misinterpretation thereof, does not constitute a change to any lawfully enacted legislation by the City of Vernonia, Oregon, or the application thereof.

This document is for reference only. Always cross-check and verify with Title 9 Chapter 5 - Flood Hazard Reduction when making decisions or performing floodplain management duties.

Do not reference or code-quote from this document in any official document, report, or correspondence. Do not provide this document to the public when relating information about floodplain regulations. Always provide the public with Title 9 Chapter 5 - Flood Hazard Reduction and highlight or provide references to the pertinent sections thereof. Applicable section(s) of this document may be provided to an applicant as reference to the Floodplain Development process.

Contents

1. Definitions

2. Residential Development

3. Non-Residential Development

4. Accessory Structures (Residential Zoned Land)

5. Addition to an Existing Structure

6. Non-Structural Activities

7. Fence Permits

8. Substantial Improvement

9. Substantial Damage

10. Disaster Substantial Damage Assessments

11. Record Keeping

12. Elevation Certificates of Record

13. Violations

1. Definitions

Applicant - The person applying for a permit, i.e., owner, owner’s representative, contractor, etc.

Base Flood Elevation (BFE) - The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.

Building Permit - The form an applicant submits to construct or alter any structure in accordance with Oregon State Building Code, including building plans, engineering or other documents related to the proposed activity as required to be submitted for approval and issuing of the permit.

Building Permit Technician - The person responsible for intaking and processing building permits.

Building Official - The person(s) responsible for reviewing and approving building permits and inspecting construction.

Code Enforcement Officer - That member of Vernonia Police Department responsible for enforcement of those regulations and policies as codified in Title 3 Public Protection and Title 9 Land Use and Development.

Design Flood Elevation (DFE) - Base Flood Elevation plus three feet OR Flood of Record plus one foot; whichever of the two is higher.

Elevation Certificate (Finished Construction) - A completed Elevation Certificate reflecting a completed dwelling.

Elevation Certificate (Pre-Construction) - A completed Elevation Certificate reflecting conditions prior to construction for use to calculate minimum foundation elevation.

Emergency Manager - The person in charge of executing the Emergency Operations Plan and coordinating with other agencies during emergencies.

Emergency Operations Plan (EOP) - The document adopted maintained by the City of Vernonia, Oregon, which in part establishes the policies and procedures regarding responding to and recovery after natural disasters.

Engineer - The person responsible for reviewing and approving proposed engineering activities, i.e., grading, utilities, etc.

Engineering Permit - The form an applicant completes and submits for review of proposed grading, construction activities in a public right-of-way, and construction of public and private roadways and utilities.

Fence Permit Application - The form an applicant completes and submits for review when constructing a fence. The fence permit application contains a section for fences constructed in the SFHA and a table describing the types of fencing allowed in the SFHA.

Floodplain Development Permit Application - The form an applicant completes and submits for review of any proposed activity in the SFHA except fences and building permits, i.e., new/expanded structures, elevating existing structure, grading, etc.

Flood of Record (FOR) - The elevation of surface water resulting from the highest flood of record at a specific location.

Flood Zones - Flood hazard areas identified on the Flood Insurance Rate Maps 41009C0377D and 41009C381D within Vernonia City Limits:

Floodplain Manager - The person responsible for reviewing and approving Floodplain Development Permits (or that person’s designee).

New Home Packet - Collection of forms, documents, plans, etc., submitted when constructing a new dwelling.

Planner - The person responsible for reviewing and approving land use actions.

Special Flood Hazard Area (SFHA) - All Zone AE and Zone X Shaded within Vernonia City Limits.

Substantial Improvement Check Sheet - The form the Floodplain Manager completes to determine if the proposed permit may constitute a substantial improvement.

Substantial Improvement/Damage Itemization - The form an applicant must complete and submit when:

Title 9 Chapter 5 - Flood Hazard Reduction (Title 9-05) - City of Vernonia codified code regulating activities within the SFHA.

Vernonia City Limits - The legal municipal boundary of the City of Vernonia inside of which the City has authority over floodplain management.

2. Residential Development

Construction of new dwellings and elevation of existing dwellings, including manufactured homes, within the SFHA.

  1. Prior to submitting a New Home Packet (new dwelling) or building permit (elevation of existing dwelling), the applicant must submit a Floodplain Development Permit Application with a Pre-Construction Elevation Certificate.

  2. The Floodplain Manager calculates the DFE based on the BFE and FOR as noted on the Pre-Construction Elevation Certificate.

  3. The Floodplain Manager communicates to the applicant in writing:

    1. Minimum foundation elevation (DFE) along with flood venting, crawlspace fill, lowest mechanical, and flood proof materials requirements.

    2. Submitted building plans must reflect the requirements.

    3. It is the applicant’s responsibility to contact the Elevation Certificate provider to verify the foundation elevation prior to constructing on the foundation.

    4. It is the applicant’s responsibility to ensure the requirements are met during construction; and failure to meet the requirements will result in the Certificate of Occupancy not being issued until deficiencies are corrected.

    In the event the building plans do not reflect the requirements, the Floodplain Manager notifies the applicant of the deficiencies in writing; requiring revised plans be submitted prior to building plan review and issuing of permits. STOP!

  4. When the New Home Packet (new dwelling) or building permit (elevation of existing dwelling), is submitted the Floodplain Manager reviews the building plans to ensure the plans reflect the requirements.

  5. For new dwellings only: The Engineer reviews proposed grading, roadway, water, wastewater, and stormwater plans to ensure those activities do not pose a risk of increased flood damage; and minimize or eliminate infiltration into the water and wastewater systems during flood events.

    In the event the proposed activities may pose a risk of increased flood damage or cause excessive infiltration into the water and wastewater systems during flood events, the City Engineer notifies the applicant in writing; requiring revised plans and/or additional documentation for review prior to approving the Engineering Permit and issuing permits. STOP!

  6. Upon completion of the foundation, the applicant contacts the Elevation Certificate provider to verify the foundation elevation.

  7. Upon completion of the new dwelling or elevation of existing dwelling, the applicant provides the Floodplain Manager with Finished Construction Elevation Certificate.

  8. The Floodplain Manager reviews the Finished Construction Elevation Certificate to verify:

    1. The first-floor elevation is at or above DFE.

    2. The minimum area of flood venting.

    3. The top of bottom floor (crawlspace) is not lower than lowest adjacent grade.

    4. The lowest mechanical is at or above DFE.

    5. The use of floodproof materials below DFE. The Floodplain Manager may make an on-site inspection if they cannot make a determination based on the Elevation Certificate photos.

      In the event the dwelling does not meet one or more requirements, the Floodplain Manager notifies the applicant of the deficiencies in writing; requiring the deficiencies to be corrected and an updated Finished Construction Elevation Certificate provided. STOP!

  9. The Floodplain Manager completes Section G on the Finished Construction Elevation Certificate and provides a copy of the Finished Construction Elevation Certificate with completed Section G to the applicant.

  10. The Floodplain Manager notifies the City Recorder the Floodplain Development process is complete and a Certificate of Occupancy may be issued.

  11. The Floodplain Manager files the Floodplain Development permit and related documents per Record Keeping.

3. Non-Residential Development

Development of commercial and industrial uses and related structures.

Due to the broad nature of commercial and industrial development; and the more thorough planning, engineering, and construction permitting processes such developments are subject to for approval, this section provides a general guideline for the Floodplain Development process.

  1. The Floodplain Manager shall attend the required Planning Pre-Application Conference, provide a copy of Title 9-05, and explain the requirements and options for complying with Non-Residential Construction in Title 9-05.

  2. The applicant submits a Floodplain Development Permit, along with a written narrative explaining how the proposed project and structure(s) meet the requirements in Non-Residential Construction in Title 9-05.

  3. The Floodplain Manager, along with the Engineer, Planner and Building Official reviewing construction plans, review the Floodplain Development Permit and related plans, engineering documents, etc., for compliance with Non-Residential Construction in Title 9-05.

  4. The Floodplain Manager coordinates with the Engineer, Planner and Building Official on inspections of the approved development during and at completion of the project.

  5. The Floodplain Manager files the Floodplain Development permit and related documents per Record Keeping.

4. Accessory Structures (Residential Zoned Land)

Non-habitable structures on residential lots, i.e., detached garages, shops, sheds, etc., within the SFHA.

  1. Prior to submitting a building permit, the applicant must submit a Floodplain Development Permit Application.

  2. The Floodplain Manager determines BFE and ground elevation at the location of the structure.

  3. The Floodplain Manager communicates to the applicant in writing:

    1. Anchoring, flood venting, lowest mechanical and flood proof materials requirements.

    2. Submitted building plans must reflect the requirements.

    3. It is the applicant’s responsibility to ensure the requirements are met during construction; and failure to meet the requirements will result in City withholding final building approval and the applicant may be subject to penalties as set forth in Title 9-05.

  4. When the building permit is submitted the Floodplain Manager reviews the building plans to ensure the plans reflect the requirements.

    In the event the building plans do not reflect the requirements, the Floodplain Manager notifies the applicant of the deficiencies in writing (Accessory Structure Requirements Letter); requiring revised plans be submitted prior to building plan review and issuing of permits. STOP!

  5. The Floodplain Manager informs the Building Official the floodplain requirements associated with the permit.

    In the event the structure does not meet one or more requirements, the Building Official notifies the applicant of the deficiencies during inspection; requiring the deficiencies to be corrected prior to inspection approval(s). The Building Official notifies the Floodplain Manager of any failed inspections due to deficiencies. STOP!

  6. The Floodplain Manager files the Floodplain Development permit and related documents per Record Keeping.

5. Addition to an Existing Structure

Any alteration to an existing structure within the SFHA which increases the overall area of said structure by means of enlarging the building footprint or adding additional levels.

Enlarged Footprint

Enlarging the footprint of any structure in City Limits requires planning review and approval. Do not process any Floodplain Development Permit for enlarging the footprint of a structure without planning approval of the proposed enlargement.

Enlarging the footprint of a structure in the SFHA, which is not in compliance with Title 9-05, must come into compliance with Title 9-05 as part of the addition; regardless of substantial improvement.

Enlarging the footprint of a structure in the SFHA, which is in compliance with Title 9-05, must remain compliance with Title 9-05 as part of the addition.

Use procedures in Section Residential Development, Non-Residential Development or Accessory Structures (Residential Zoned Land) (adapted as required) depending on development type.

Additional Levels

Adding levels to a structure in the SFHA, which is not in compliance with Title 9-05, would be required to come into compliance with Title 9-05 if the alteration constitutes a substantial improvement. See Section 8.

6. Non-Structural Activities

Any activity within the SFHA related to grading, excavation, construction of public or private roadways and utilities, or similar activities as regulated by Public Works Standards requiring review and approval by the Engineer.

  1. The applicant submits a Floodplain Development Permit Application along with the Engineering Permit and related documents.

  2. The Engineer reviews proposed grading, roadway, utility plans to ensure those activities do not pose a risk of increased flood damage; and minimize or eliminate infiltration into the water and wastewater systems during flood events.

    In the event the proposed activities may pose a risk of increased flood damage or cause excessive infiltration into the water and wastewater systems during flood events, the Engineer notifies the applicant in writing; requiring revised plans and/or additional documentation for review prior to approving the Engineering Permit and issuing permits. STOP!

  3. The Engineer performs inspections of the approved activities during and at completion of the project.

    In the event, during or at completion, the activity is not in compliance with the approved Engineer and Floodplain Development Permits, the Engineer notifies the applicant in writing; requiring the deficiencies be corrected. If the deficiencies are discovered during the activities, the City will post a STOP WORK notice on-site until corrective action is taken. If the deficiencies are discovered during final review of the proposed development, the City will withhold final engineering approvals until the deficiencies are corrected. STOP!

  4. Floodplain Manager files the Floodplain Development permit and related documents per Record Keeping.

7. Fence Permits

All fences in the SFHA must be of the type/design as allowed at the location of the proposed fence.

  1. The applicant submits a Fence Permit Application.

  2. The fence permit is reviewed per City of Vernonia fence requirements and type/design allowed.

    1. If the proposed fence meets requirements the Fence Permit is approved.

    2. If the proposed fence does not meet requirements the Fence Permit is denied, and a revised Fence Permit must be submitted.

  3. Floodplain Manager files the Fence Permit per Record Keeping.

Type Zone AE (Non-regulatory Floodway) Zone AE (Regulatory Floodway)
A Yes Yes
B Yes Yes, with limited cross channel fencing
C Design Review Requiredi Design Review Requiredi
D Yes, if open at base to BFE Noii
E Yes, if open at base to BFE Noii
F Yes, if adequate openings at base to BFE Noii
G Yes, if adequate openings at base to BFE Noii

A. Open barb or barbless wire. Open means no more than one horizontal strand per foot of height
B. Open pipe or rail fencing (e.g. corrals). Open means rails occupy less than 10% of the fence area and posts are spaced no closer than 8 feet apart.
C. Collapsible fencing
D. Other wire, pipe, or rail fencing (e.g. field fence, chicken wire, etc.) which does not meet open requirements above.
E. Chain link fencing
F. Continuous wood fencing
G. Masonry walls

i Ensure fence will collapse under anticipated base flood conditions. Debris impact must be considered.
ii Unless shown, using FEMA-approved engineering/modeling standards, to cause no-rise in BFE.

8. Substantial Improvement

Any structure in the SFHA which is not in compliance with Title 9-05, and a Building Permit for said structure is submitted with an improvement value fifty percent (50%) or greater than the Real Market Value of the structure per the Columbia County Assessor must come into compliance with Title 9-05 as part of or before issuing the Building Permit.

Any improvement which enlarges the building footprint of a structure in the SFHA requires the structure to come into compliance with Title 9-05, regardless of substantial improvement. See Section 5. STOP!

  1. When any Building Permit for an existing structure is submitted, which has a stated improvement value of $40,000 or greater, the Building Permit Technician routes the Building Permit to the Floodplain Manager.

  2. The Floodplain Manager completes a Substantial Improvement Check Sheet to make a substantial improvement determination.

If the improvement is determined to be substantial, the Floodplain Manager:

  1. Notifies the Building Official not to process the building permit.

  2. Notifies the applicant in writing of the determination.

Important! The Floodplain Manager should encourage anyone who is rehabilitating a structure, for which the improvements do not constitute substantial improvement, to consider bringing the structure into compliance with Title 9-05 voluntarily. Talking points include long term savings on flood insurance, protecting the value of investment in the structure, increasing the value structure, and improving the safety of future occupants and their personal property.

9. Substantial Damage

In the event of a disaster, which activates the EOP and damages multiple structures, go to Disaster Substantial Damage Assessments.

Any structure in the SFHA which is not in compliance with Title 9-05 and is damaged by flood, fire, or other natural calamity for which the cost to repair the structure to pre-damage condition is fifty percent (50%) or greater than the Real Market Value per the Columbia County Assessor must come into compliance with Title 9-05 before issuing a Building Permit to repair the structure.

If the structure is destroyed, or damaged to the extent it must be demolished prior to rebuilding, the replacement of the structure must come into compliance with all applicable provisions of Title 9 Land Use and Development, including Title 9-05. Use procedures in Residential Development, Non-Residential Development or Accessory Structures (Residential Zoned Land) depending on development type. STOP!

If the structure is to be repaired in such a manner which constitutes alteration beyond returning the structure to pre-damage condition, the structure must come into compliance with all applicable provisions of Title 9 Land Use and Development, including Title 9-05. See Section 5. Use procedures in Section Residential Development, Non-Residential Development or Accessory Structures (Residential Zoned Land) depending on development type. STOP!

  1. The applicant submits a Building Permit (construction plans must reflect returning the structure to pre-damage condition) to repair the structure, along with a Substantial Improvement/Damage Itemization form.

  2. The Floodplain Manager completes the Substantial Improvement/Damage Itemization form to determine if the repairs constitute substantial improvement.

  3. If the damage is determined to be substantial, the Floodplain Manager:

    1. Notifies the Building Official to hold processing the building permit.

    2. Notifies the applicant in writing of the determination.

    3. The Floodplain Manager notifies the City Administrator of the Substantial Damage determination, and a Notice of Designation of Substantial Damage is recorded with the Columbia Clerk against the property is accordance with SB 465, 2013 Oregon Legislature.

Notes

  1. The City may issue emergency Building Permits as needed to temporarily make a structure minimally habitable. The actual cost of the repairs associated with emergency Building Permits must be added to the total cost when making a substantial damage determination.

  2. A structure which is in compliance with Title 9-05 when damaged, and being repaired to pre-damage condition, is not subject to substantial damage review, as the structure was compliant, and the expectation is repairing the structure to pre-damage condition would continue compliance. The Floodplain Manager has the responsibility to ensure the structure when repaired remains in compliance.

Important! The Floodplain Manager should encourage anyone who is repairing a structure, for which the improvements do not constitute substantial damage, to consider bringing the structure into compliance with Title 9-05 voluntarily. Talking points include long term savings on flood insurance, protecting the value of investment in the structure, increasing the value structure, and improving the safety of future occupants and their personal property.

10. Disaster Substantial Damage Assessments

In accordance with the EOP, emergency personnel are to work with local/state/federal authorities, insurance company representatives, construction professionals, etc., to quickly assess damages to inform all concerned parties for the purposes of making decisions regarding governmental recovery assistance, repair costs, etc. The Floodplain Manager’s responsibilities related to substantial damage are to:

11. Record Keeping

Being revised per new Planning Files naming/numbering scheme.

12. Elevation Certificates of Record

The City of Vernonia obtains Elevation Certificates as part of the Floodplain Development Permit process for the purposes of determining DFE for the construction/elevation of a structure, or to verify a structure meets the requirements of a Floodplain Development Permit.

It is the responsibility of the owner to maintain the original Elevation Certificate as provided by the Elevation Certificate provider, e.g. surveyor, engineer, etc.; and to make the Elevation Certificate available to insurance agents, potential buyers, or other concerned parties. The owner should obtain a copy of the Elevation Certificate from the Elevation Certificate provider in the event the owner is no longer in possession of the original Elevation Certificate.

It is the responsibility of the owner to obtain an updated Elevation Certificate at the owner’s expense if the Elevation Certificate has expired, contains an error, or for any reason the Elevation Certificate is not acceptable for obtaining flood insurance, sale of property, etc.

Do not provide copies of Elevation Certificates to any third-party at the request of the owner. The owner should obtain the Elevation Certificate via the Elevation Certificate provider or a Public Records Request; and provide the Elevation Certificate to any third-parties directly.

A member of the public may request a copy of an Elevation Certificate through the Public Records Request process. If the Public Records Request is granted, each page of the Elevation Certificate provided is to be stamped with the following:

NOTICE This Elevation Certificate was submitted to the City of Vernonia as part of a Floodplain Development Permit process. The City of Vernonia is not responsible for errors, misuse, omissions, or misinterpretations of this Elevation Certificate. The City of Vernonia does not make any claims as to the validity or usability of this Elevation Certificate for any purpose other than for the Floodplain Development Permit process for which it was submitted.

13. Violations

The Code Enforcement Officer, with the assistance of the Floodplain Manager, uses those powers and procedures as provided in Title 3 Public Protection and Title 9 Land Use and Development, to address and resolve violations of Title 9-05.

  1. Colloquially referred to as Shaded X. While acceptable to use Shaded X in conversation, all official City documents, including code, documents, correspondence and forms, should use Zone X Shaded. ↩