Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
Theodore R. Kulongoski, Governor (503) 373-0050 
Fax (503) 378-5518 
www.lcd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
May 27, 2008 
TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments 
FROM: Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT- City of Sandy Plan Amendment 
DLCD File Number 003-08 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. Copies of the adopted plan amendment are available for review at DLCD offices in Salem, 
the applicable field office, and at the local government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: June 10, 2008 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-
day notice. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government 
proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land 
Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. 
If you have questions, check with the local government to determine the appeal deadline. Copies of 
the notice of intent to appeal must be served upon the local government and others who received 
written notice of the final decision from the local government. The notice of intent to appeal must be 
served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). 
Please call LUBA at 503-373-1265, if you have questions about appeal procedures. 
*NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION 
WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE 
BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE DATE SPECIFIED ABOVE. 
Cc: Gloria Gardiner, DLCD Urban Planning Specialist 
Christine Shirley, FEMA Specialist 
Ryan Miller, DLCD Flood Map Modernization Program Coordinator 
Jonathan Pheanis, City of Sandy 
<paa> ya 
Oregon 
DEPTOF NOTICE OF ADOPTION ^ ^ 
This form must be mailed to DLCD not later than 5 working days a f t e r A j f ^ ^ g [ - : R V A i j 0 N 
ORS 197.615 and OAR Chapter 660, Division 18 AND DEVELOPMENT 
See reverse side for submittal requirements 
Jurisdiction City of Sandy Local File # 08-006 
Date of Adoption May 19. 2008 Date Mailed May 20. 2008 
Date the Proposed Notice was Mailed to DLCD 
Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment 
X _ Land Use Regulation Amendment Zoning Map Amendment 
New Land Use Regulation 
Summarize the adopted amendment. Do not use technical terms. Do not write "See 
Attached." 
Amend the Development Code to meet the standards of Paragraph 60.3(d) of the National Flood 
Insurance Program's (NFIP) regulation. 
Describe how the adopted amendment differs from the proposed amendment. If it is the 
same, write "Same." If you did not give notice of the proposed amendment, write "N/A." 
Added portions of Oregon Residential Specialty Code that relate to building w/l floodplain 
Plan Map Change From no change to no change 
Zone Map Change From no change to no change 
Location: N/A Acres Involved: N/A 
Specify Density: Previous Density N/A New Density N/A 
Applicable Goals: 1-14 Was an Exception adopted? Yes X No 
DLCD File # DLCD Appeal Deadline. 
Did DLCD receive a Notice of Proposed Amendment 45 days prior to the final hearing? 
_ X _ Yes No The Statewide Planning Goals do not apply 
Emergency Circumstances Required Expedited Review 
Affected State or Federal Agencies, Local Governments or Special Districts: 
Phone: 503-668-9545 Local Contact: Jonathan Pheanis, Planner 
Address: City of Sandy. 39250 Pioneer BlvcL Sandy OR 97055 
SUBMITTAL REQUIREMENTS 
ORS 197.615 and OAR Chapter 660. Division 18 
1. Send this Form and One (1) Copy of the Adopted Amendment to 
Department of Land Conservation and Development 
1175 Court Street, N.E. 
Salem, Oregon 97310-0590 
2 Submit three (3) copies of bound documents and maps larger than 81/2 by 11 
inches. 
3 Adopted materials must be send to DLCD not later than five (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of this Notice of Adoption must include the text of the amendment plus 
adopted findings and supplementary information. 
5. The deadline to appeal will be extended if you do not submit this Notice of 
Adoption within five working days of the final decision. Appeals to LUBA may be 
filed within 21 days of the date Notice of Adoption is sent to DLCD. 
6. In addition to sending Notice of Adoption to DLCD, you must notify persons who 
participated in the local hearing and requested notice of the final decision. 
If you need more copies of this form, please call the DLCD at 503-373-0050 or this 
form may be duplicated on green paper. 
\\Ch-tracy\planning2k\Notices\Notice of Adoption\2008\08-006 DLCD Adoption Ordinance 2008-07.doc 
ORDINANCE NO. 2008-07 
AN ORDINANCE AMENDING TITLE 17 OF THE SANDY MUNICIPAL CODE 
CHAPTER 17.10, DEFINITIONS AND CHAPTER 17.60, FLOOD SLOPE 
HAZARD OVERLAY DISTRICT IN COMPLIANCE WITH FEMA STANDARDS 
CONCERNING DEVELOPMENT WITHIN THE FLOODPLAIN; AND 
DECLARING AN EMERGENCY. 
Whereas, the City of Sandy regulates development within the floodplain through 
Chapter 17.60, Flood Slope Hazard Overlay (FSH) district; 
Whereas, the City previously relied upon the Oregon Model Floodplain 
Ordinance until January 21, 2003 with adoption of Chapter 17.60; 
Whereas, the Federal Emergency Management Agency (FEMA) completed a re-
evaluation of flood plain hazards in the City of Sandy, including a Flood 
Insurance Study (FIS) and Flood Insurance Rate Map (FIRM); 
Whereas, the Department of Land Conservation and Development (DLCD), on 
behalf of FEMA, has identified several items within the City of Sandy 
Development Code that do not meet current FEMA standards; 
Whereas, Section 1361 of the Flood Insurance Act of 1968 requires the City of 
Sandy to update the Development Code to meet the standards of Paragraph 
60.3(d) of the National Flood Insurance Program's (NFIP) regulation; 
Whereas, as a condition of continued eligibility in the National Flood Insurance 
Program (NFIP), the City of Sandy must adopt or show evidence of adoption of 
the required floodplain management regulations prior to June 17, 2008; 
NOW THEREFORE THE CITY OF SANDY ORDAINS AS FOLLOWS: 
Section 1. Chapter 17.10 (Definitions) of the Sandy Municipal Code is 
amended as detailed in Exhibit A, attached and incorporated by 
reference. The amendments identified in Exhibit A are definitions 
to be added or modified to the existing chapter. 
Section 2. Chapter 17.60 (Flood Slope Hazard Overlay district) of the Sandy 
Municipal Code is amended as detailed in Exhibit B, attached and 
incorporated by reference. 
Section 3. It is necessary the actions taken by this ordinance in adopting 
revisions to existing floodplain regulations be effective 
immediately so that current and future residents will be eligible to 
participate in the National Flood Insurance Program, therefore this 
ordinance is and shall be effective from and after its passage by the 
Council. 
Section 4. All remaining provisions of Chapters 17.10 and 17.60 are hereby 
reaffirmed in their entirety. 
THIS ORDINANCE IS ADOPTED BY THE COMMON COUNCIL AND 
APPROVED BY THE MAYOR THIS 19th DAY OF MAY, 2008. 
EXHIBIT A 
CHAPTER 17.10 
DEFINITIONS 
I Definitions to be Added to or modified in Chapter 17.10 
AE Zone (floodwavh Area of special flood hazard with water surface elevations determined as 
depicted on the FIRM. 
| X Zone (floodwavk Area of minimal to moderate flood hazards as denicted on the FTRM. 
Basement (inside floodwavh Anv area of a building having its floor suherade helow ground 
level on all sides. 
Basement (outside floodwavk The portion of a building between the floor and ceiling which is 
partly below and partly above grade, but so located that the vertical distance from the grade to the 
floor below is greater than the vertical distance from the grade to the ceiling. 
Critical Facilities (floodwavl: Hospitals, fire stations, nolice stations, storage of critical records. 
and similar facilities. 
Flood-proofing; Anv combination of structural and non-structural additions, changes, or 
adjustments to structures which reduce or eliminate flood damage to real estate or improved real 
Floodwav (Regulatory Flnoriwavh The channel of a river or stream-other water course and the 
adjacent land areas that must be reserved in order to those portions of the adjoining floodplains 
required to carry and discharge the base flood without cumulatively increasing the water surface 
elevation more than a designated heiehtflew. 
Recreational Vehicle: A vacation trailer or other vehicle or portable unit built on a single 
chassis, -which is either self-propelled or towed or is carried by a motor vehicle and which is 
designed primarily not for use as a permanent dwelling but as temporary living quarters for 
recreational, camning travel or seasonal use.intondod for human occupancy and ia doaignod for 
vacation or recreational purposes, but not residential use. 
EXHIBIT B 
CHAPTER 17.60 
FLOOD AND SLOPE HAZARD (FSH) OVERLAY DISTRICT 
17.60.00 INTENT 
This chapter is intended to promote the public health, safety and general welfare by minimizing 
public and private adverse impacts from flooding, erosion, landslides or degradation of water 
quality consistent with Statewide Planning Goals 6 (Air, Land and Water Resources Quality) and 
7 (Areas Subject to Natural Disasters and Hazards) and the Sandy Comprehensive Plan (SCP). 
17.60.10 INTERPRETATION AND MAPPING 
| The Director shaH-behas the ultimate responsibility!« for maintaining the FSH Overlay District 
on the City of Sandy Zoning Map, determining on-site measuring methods, and otherwise 
interpreting the provisions of this chapter. Technical terms used in this chapter are defined in 
Chapter 17.10, Definitions. This chapter does not regulate development on lots or parcels entirely 
| outside the FSH Overlay District. 
A. FSH Overlay District. The only areas subject to the restrictions and prohibitions of the FSH 
overlay district are those indicated on the City of Sandy Zoning Map on file in the Planning 
Department. This chapter does not regulate lots or parcels entirely outside the FSH Overlay 
District. 
B. Development Approval Required. No development shall occur within the FSH overlay 
district without first obtaining City approval under the provisions of this chapter. The 
Director shall notify the Oregon Division of State Lands whenever any inventoried wetland is 
proposed for development, in accordance with ORS 227.350. In riverine situations, the 
Director shall notify adjacent communities and the State Coordinating Office prior to any 
alteration or relocation of a watercourse, and submit conies of such notification to the 
administrator. 
C. Applicant Responsibilities. The applicant for alteration or development within the FSH 
overlay district shall be responsible for preparing a survey of the entire site, based on site-
specific field surveys or Corps of Engineers data that precisely maps and delineates the 
following areas: 
1. The name, location and dimensions of affected streams or rivers, and the tops of their 
respective banks. 
2. 100-year floodplain and floodway boundaries and elevations as determined by burront the 
¿June 17. 20084 FRtiVtf/FTS for Clackamas County and Incorporated Areas -FEMA 
floodplain maps or, if FEMA floodplain data aro not available, based on tho boot available 
information 
3. -The Citv of Sandv FSH overlay district boundary as depicted on the Citv ofSandv FSH 
Map.) 
4. The water quality and slope setback area(s) as defined in Section 17.60.30. 
5. The size and location of locally significant wetlands shall be determined based on the 
City of Sandy Locally Significant Wetland Inventoiy (2002) unless modified by a wetland 
delineation approved by the Oregon Division of State Lands and submitted to the City. 
Wetland delineations that have formal concurrence from the Division of State Lands shall 
be valid for the period specified in that agency's administrative rules. 
6. Steep slope areas where the slope of the land is 25% or greater within the FSH overlay 
district boundary. 
7. The area enclosed by a continuous line, measured 25 feet horizontally, parallel to and 
upland from the top of a steep slope area, where the top of the steep slope is within the 
FSH overlay district boundary. 
8. Existing public rights-of-way, structures, roads and utilities. 
9. Natural vegetation, including trees or tree clusters and understory within the FSH Overlay 
District boundary. 
10. Existing and proposed contours at 2-foot intervals. 
17.60.20 PERMITTED USES AND ACTIVITIES 
This chapter lists permitted uses, or uses allowed under prescribed conditions, within the FSH 
overlay district. Where there are conflicts, this chapter supersedes the use provisions of the 
underlying district. 
A. Restricted Development Areas. Restricted development areas within the FSH overlay district 
as shown on the City of Sandy Zoning Map include: 
1. Slopes of 25% or greater that (a) encompass at least 1,000 square feet and (b) have an 
elevation differential of at least 10 feet. 
2. Protected water features, including locally significant wetlands, wetland mitigation areas 
approved by the Division of State Lands, and perennial streams. 
3. Required setback areas as defined in section 17.60.30. 
B Permitted Uses. Permitted uses within restricted development areas are limited to the 
following: 
1. Open space and trails provided they are constructed consistent with standards on file in 
the Planning Department. 
2. Removal of refuse and permitted fill. 
3. Planting of native vegetation species included on a list maintained by the Director. 
4. Removal of non-native / invasive vegetation, dead or dying trees or vegetation that is 
hazardous to the public. 
5. Removal of up to two trees of 6 inches or greater dbh in a calendar year, provided that 
each tree removed is replaced with two native trees, each of which must be 1.5 inches or 
greater caliper and placed within the restricted development area of the site. 
6. Construction or expansion of public facilities or private roads necessary to support 
permitted development. 
7. Construction or expansion of a single-family residence on a lot-of-record, under the 
following prescribed conditions. 
a) The applicant must demonstrate that the lot has received planning approval from 
either Clackamas County or the City of Sandy and that there is insufficient buildable 
land on the same lot to allow the proposed construction or expansion. 
b) The site review, engineering, erosion control, water quality and re-vegetation 
standards of this chapter have been fully satisfied. 
c) The residence or addition has been sited so as to minimize excavation and disturbance 
to native vegetation on restricted development areas. 
d) The maximum impervious surface coverage resulting from development on restricted 
development areas shall be 2,500 square feet. Exception: This standard may be 
exceeded to allow a superior private driveway design and location that reduces 
adverse impacts to protected areas. To exceed the standard, the applicant must 
demonstrate that a longer driveway will avoid required setbacks from protected water 
features, and that driveway construction will either: (a) more closely follow hillside 
contours and thereby reduce overall cut and fill area by at least 20%; or (b) avoid tree 
clusters and thereby reduce the number of 6-inch or greater dbh trees that must be 
removed by at least 20%. 
e) The option of an adjustment under Chapter 17.60.100 has been considered as a means 
of avoiding or minimizing impacts on restricted development areas. 
f) Development shall not result in cuts or fills in excess of 3 feet except for basement 
construction unless specifically approved by the Director. 
8. Replacement of a single-family dwelling constructed over substantially the same footprint 
as the original dwelling. 
9. Repair or stabilization of unstable slopes. 
10. Stream bank restoration, subject to a stream bank restoration plan. This plan must: 
a) Be prepared by a team of specialists in the fields of stream morphology, water quality 
and riparian vegetation approved by the Planning Director. 
b) Remove invasive vegetation and replace it with multi-layered native vegetation that 
provides for stream shading within the entire stream bank. 
c) Reduce the steepness of the bank along reaches that have been highly eroded. 
d) Reduce the velocity of water carried by the stream. 
e) Include guarantees and funding to assure at least a 90% survival rate of native plants 
over a 3-year period. 
11. Maintenance of existing landscaping on existing lots of record is permitted and is exempt 
from the requirements of the FSH Overlay District. 
C. Platting of New Lots. No new lot shall be platted or approved for development that is 
exclusively in restricted development areas as defined in subsection 17.60.20. A. 
17.60.30 REQUIRED SETBACK AREAS 
Setback areas shall be required to protect water quality and maintain slope stability near stream 
corridors and locally significant wetlands. Setbacks are measured horizontally from, parallel to 
and upland from the protected feature. 
A. Required Setbacks. The required special setback(s) shall be: 
1. 70 feet from the top of bank of Tickle Creek; 
2. 50 feet from top of bank along other perennial streams, except for "No Name Creek" 
east of Towle Drive, as provided in Section 17.60.30.C.2 below. 
3. 25 feet around the edge of any mapped locally significant wetland; and 
4. 25 feet from the top of any 25% slope break where the slope break occurs within the 
FSH overlay district as mapped by the city. 
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B. Minimize Impacts. Natural vegetation shall be preserved and enhanced and excavation 
minimized within required water quality setback areas. 
C. Exceptions. Intent. Exception 1 below recognizes that existing hillside, stormwater detention 
and erosion control measures are sufficient to maintain water quality and quantity in areas of 
steep slopes separated from streams and wetlands by improved public streets in existing 
rights-of-way. Exception 2 recognizes that "No Name Creek" east of Towle Drive has been 
severely impacted by culverting, erosion and invasive plants, and has only a few remaining 
infill sites adjacent to its banks This exception is intended to encourage appropriate 
development of these infill sites and the opening and restoration of this stream reach over 
time. 
1 Land lying within the FSH overlay district, but upland from an existing public right-of-way 
with an improved public street, shall not be subject to the steep slope restrictions of this 
chapter. Such land shall remain subject to applicable Section 17.56 Hillside Regulations and 
shall comply with required setbacks set forth in subsection 17.60.30.A.3 above. 
a Applications for development that include only areas that meet this exception and 
have existing improved public streets and have no locally significant mapped 
wetlands are not subject to the provisions of this chapter. 
2. The required setback for "No Name Creek" east of the Towle Drive crossing may be reduced 
to 25 feet, subject to approval of a "stream bank restoration plan" that meets the standards of 
Section 17.60.20. B. 10. 
17.60.40 REVIEW PROCEDURES 
Review of development requests within the FSH Overlay District shall occur subject to the 
following procedures. Unless otherwise indicated below, the Director may approve Type I 
permits over the counter or following a field check. Type II and III development applications 
shall be reviewed to ensure consistency with Section 17.60.60-70. Section 17.60.50 special 
reports shall also be required, unless specifically exempted by the Director. 
A. Type I Procedure. The following uses shall be reviewed under a Type I procedure: 
1 Planting of native plant species identified on the Native Plant list on file with the 
Director. 
2. Removal of permitted fill. 
3. Removal of non-native / invasive vegetation, dead or dying vegetation that is hazardous 
to the public, or up to two trees of 6 inches or greater dbh in a calendar year. 
B. Type II Procedure. The following uses shall be reviewed under a Type II review procedure: 
1 Construction or expansion of major public facilities identified in sanitary, storm, water or 
street or parks master plans or of minor public facilities necessary to support 
development, where no other practical alternative exists. 
2. Construction or expansion of trails. 
3. Construction, expansion or replacement of a new single-family residence within a 
restricted development area or floodway on a lot of record. 
4. Repair and stabilization of unstable slopes. If emergency slope stabilization is required 
and authorized by the City Engineer, Type II review shall be required withm 60 days of 
having taken the emergency action. 
5. Stream bank restoration plans. 
6. Exemption of Type II development applications from one or more required reports. 
7. Development that is completely outside restricted development areas, as determined by 
the Director based on site-specific information provided by the applicant consistent with 
Section 17.60.10.C. Such site-specific information shall remain valid for five years from 
the date approved by the Director, provided that topographical or hydrological changes 
have not occurred on the site that could invalidate such information. 
reviewer and staff recommendations, shall be incorporated as conditions into the final 
decision approving the proposed development. 
C. Assurances and Penalties. Assurances and penalties for failure to comply with mitigation, 
engineering, erosion and water quality plans required under this chapter shall be as stated in 
Chapter 17.06. 
17.60.70 FLOODPLAIN REGULATIONS 
This section regulates development within the 100-year floodplain and floodway. 
| A. Habitable Structures. No new habitable structures or critical facilities shall be permitted in 
the floodplain. 
B. Flood Storage Capacity. On-site flood storage capacity shall not decrease as a result of 
development. The cumulative effects of any proposed development shall not reduce flood 
storage capacity or raise base flood elevations on- or off-site. 
C. Public Facilities and Private Roads. Generally, public facilities and private roads shall avoid 
restricted development areas. However, where avoidance cannot be achieved consistent with 
City-approved facilities master plans and sound engineering principles, the following 
standards shall be met. 
1. The facility shall be designed, located and constructed to minimize flood damage, 
excavation and loss of native vegetation and to avoid raising flood levels. Utilities 
necessary to serve permitted development, or a single family home on a legally-approved 
lot-of-record, may be permitted only where a registered professional engineer or architect 
certifies that encroachments shall not result in any increase in flood levels during the 
occurrence of the base flood discharge, and that water quality will not be adversely 
affected. 
2. Water and sanitary sewer facilities shall be designed, located and constructed to avoid 
infiltration of floodwaters into the system, and to avoid discharges from such facilities to 
streams and wetlands. 
3. On-site septic systems and private wells shall be prohibited within the FSH overlay 
district. 
D. Structural Elevation Report. An application for any substantially improved structure or 
manufactured dwelling within the 100-year floodplain shall include the level, referenced to 
mean sea level, to which the structure will be flood-proofed. The level of the lowest habitable 
floor, and any basement area (whether or not habitable) shall also be provided. A professional 
engineer registered in Oregon shall prepare the structural elevation report. 
E. Existing Residential Structures. New construction and substantial improvements to an 
existing residential structures in a flood-nrone area shall comnlv with the following: 
Measures for re-vegetation with native plant species will be clearly stated, as well as methods 
for immediate and long-term stabilization of slopes and control of soil erosion. A landscape 
architect, landscape designer, botanist or arborist with specific knowledge of native plant 
species, planting and maintenance methods, survival rates, and their ability to control erosion 
and sedimentation shall prepare the vegetation report. The applicant shall be responsible for 
replacing any native plant species that do not survive the first two years after planting, and for 
ensuring the survival of any replacement plants for an additional two years after their 
replacement. 
17.60.60 APPROVAL STANDARDS AND CONDITIONS 
The approval authority may approve, approve with conditions, or deny an application based on 
the provisions of this chapter. The approval authority may require conditions necessary to comply 
with the intent and provisions of this chapter 
A. Approval Standards. The following approval standards apply to development proposed within 
restricted development areas of the FSH overlay district. 
1 Cumulative Impacts. Limited development within the FSH overlay district, including 
planned vegetation removal, grading, construction, utilities, roads and the proposed use(s) 
of the site will not measurably decrease water quantity or quality in affected streams or 
wetlands below conditions existing at the time the development application was 
submitted. 
2. Impervious Surface Area. Impervious surface area within restricted development areas 
shall be the minimum necessary to achieve development objectives consistent with the 
purposes of this chapter. 
3. Construction Materials and Methods Construction materials and methods shall be 
consistent with the recommendations of special reports, or third-party review of special 
reports. 
4. Cuts and Fills. Cuts and fills shall be the minimum necessary to ensure slope stability, 
consistent with the recommendations of special reports, or third-party review of special 
reports. 
5. Minimize Wetland and Stream Impacts. Development on the site shall maintain the 
quantity and quality of surface and groundwater flows to locally significant wetlands or 
streams regulated by the FSH Overlay District. 
6. Minimize Loss of Native Vegetation. Development on the site shall minimize the loss of 
native vegetation. Where such vegetation is lost as a result of development within 
restricted development areas, it shall be replaced on-site on a 2:1 basis according to type 
and area Two native trees of at least 1.5-inch caliper shall replace each tree removed. 
Disturbed understory and groundcover shall be replaced by native understory and 
groundcover species that effectively covers the disturbed area 
B. Conditions. The required reports shall include design standards and recommendations 
necessary for the engineer and landscape expert to certify that the standards of this chapter 
can be met with appropriate mitigation measures. These measures, along with third party 
8. Development requests that are similar in scope and impact, as determined by the Director. 
The Director shall include the justification for the classification decision in the required 
notice to affected property owners. 
C. Type III Procedure. The Planning Commission shall review all other public and private 
development requests under a Type III procedure. 
17.60.50 SPECIAL REPORTS 
Where development is proposed on restricted development areas within the FSH overlay district 
as defined in Section 17.60.20. A, the Director shall require submission of the following special 
reports. These reports shall be in addition to other information required for specific types of 
development, and shall be prepared by professionals in their respective fields. 
The Director may require one of more of these reports where necessary to address potential 
adverse impacts from development on buildable land within the FSH overlay district. The 
Director may exempt Type II permit applications from one or more of these reports where 
impacts are minimal and the exemption is consistent with the purpose of the FSH overlay zone as 
stated in Section 17.60.00. 
A. Hydrology and Soils Report. This report shall include information on the hydrological 
conditions on the site, the effect of hydrologic conditions on the proposed development, the 
proposed development's impact on surface and groundwater flows to wetlands and streams, 
and any hydrological or erosion hazards. This report shall also include soils characteristics of 
the site, their suitability for development, carrying capacity, and erosion or slumping 
characteristics that might present a hazard to life and property, or adversely affect the use or 
stability of a public facility or utility. Finally, this report shall include information on the 
nature, distribution and strength of existing soils; the adequacy of the site for development 
purposes; and an assessment of grading procedures required to impose the minimum 
disturbance to the natural state. A licensed professional engineer registered in Oregon shall 
prepare the hydrology and soils report. 
B. Grading Plan. The grading plan shall be specific to a proposed physical structure or use and 
shall include information on terrain (two-foot intervals of property), drainage, direction of 
drainage flow, location of proposed structures and existing structures which may be affected 
by the proposed grading operations, water quality facilities, finished contours or elevations, 
including all cut and fill slopes and proposed drainage channels. Project designs including but 
not limited to locations of surface and subsurface devices, walls, dams, sediment basins, 
storage reservoirs, and other protective devices shall form part of the submission. The 
grading plan shall also include: 1) construction phase erosion control plan consistent with the 
provisions of Chapter 15.44; and 2) schedule of operations. A licensed professional engineer 
registered in Oregon shall prepare the grading and erosion control plan. 
C. Native Vegetation Report. This report shall consist of a survey of existing vegetative cover, 
whether it is native or introduced, and how it will be altered by the proposed development. 
1. Improvements Structures shall be adequately anchored to prevent flotation, collapse, or 
lateral movement resulting from hvdrodvnamic and hydrostatic loads, including the 
effects of buovancv; 
2. Materials used shall be resistant to flood damage: 
3. Utilities shall be designed and/or located to prevent water from entering or accumulating 
within the components during flooding: 
5. Fully enclosed areas below the lowest floor used for vehicle parking or building access or 
storage in an area other than a basement shall be designed to automatically equalize 
hydrostatic flood forces on exterior walls bv allowing for the entry and exit of 
floodwaters shall either be designed and certified bv a registered professional engineer or 
architect or meet or exceed the following minimum critieria: 
A minimum of two openings having a total net area of not less than one square inch 
for every square foot of enclosed area subject to flooding shall he provided The 
bottom of all openings shall be no higher than one foot above grade. Openings may be 
equipped with screens, louvers, valves, or other coverings or devices provided that 
thev permit the automatic entry and exit of floodwaters. 
Existing Non-Residential Structures New construction and substantial improvements to 
existing non-residential structures within the floodplain shall comply with one of the 
following: 
1 Elevate the lowest floor (including basement) above the base flood level: 
2. Walls and utilities of structures below the base flood level shall be watertight with 
loads and effects of buovancv. A registered professional engineer or architect shall 
develop and/or review structural design, specifications, and plans for the construction. 
and shall certify that the design and methods of construction are in accordance with 
accepted standards of practice for meeting the applicable provisions of NFIP Regulations. 
Recreational Vehicles. Recreational Vehicles within the floodplain shall comply with one of 
the following: 
1 Be located on the site for fewer than 180 consecutive davs: 
2. Be fullv licensed and readv for highway use: or 
3. Meet the elevation and anchoring requirements for manufactured homes and permit 
requirements of NFIP Regulations 
17.60.80 WATER QUALITY TREATMENT FACILITIES 
Tickle Creek, the Sandy River and associated natural drainage ways are vital to Sandy's 
recreationally based economy and to the quality of life of Sandy residents. Placement of water 
quality facilities shall be limited as follows: 
A. The water quality facility shall not be constructed in restricted development areas, except 
where necessary to serve approved development within restricted development areas (e.g., a 
road) and where no reasonable alternative exists in buildable areas of the site. 
B. Where the approval authority determines that a more efficient and effective regional site 
exists within the sub-basin, the water quality facility may be constructed off-site. 
17.60.90 DENSITY TRANSFER PROVISIONS 
Residential density transfer may be approved subject to the following. 
A. Required Setback Areas. Density may be transferred from restricted development areas (i.e., 
steep slopes, protected water features and required setbacks) to buildable portions of the site. 
B. Density Maximum. The maximum gross density for the buildable area of the site shall not 
exceed 150% of the maximum density allowed by the underlying zoning district for that 
buildable area. 
C. Housing Types Not Permitted in Underlying Zoning District. Housing types not permitted in 
the underlying zoning district may only be approved through the PD (planned development) 
or SAP (specific area plan) process. 
D. Transfer Area. Transfer of density may only occur within the same property and/or to 
properties contiguous to the primary property. The terms "primary property" identify the legal 
lot from which density is to be transferred to "secondary property(s)" Further development or 
land use action on the primary or secondary properties shall be reviewed together in the same 
application. 
17.60.100 ADJUSTMENTS 
Variances to Chapter 17.60 provisions are not permitted. In contrast, adjustments to 
dimensional standards of the underlying zoning district may be approved when necessary to 
further the intent of this overlay district. 
A. Adjustment Option. One or more adjustments to the setback, height or lot area standards of 
the underlying zoning district may be approved to allow development consistent with the 
intent of the FSH overlay district. The intent of the adjustment process is to reduce adverse 
impacts on water quantity and quality, locally significant wetlands and perennial streams, and 
on the potential for slope or flood hazards. 
B. Adjustment Criteria. A special FSH adjustment may be requested when development is 
proposed within the FSH overlay district. Adjustments are reviewed under the procedure type 
applicable to the primary application. The applicant shall demonstrate that the following 
criteria are fully satisfied: 
1 The adjustment is the minimum necessary to allow a permitted use, while at the same 
time minimizing disturbance to restricted development areas. 
2. Explicit consideration has been given to maximizing vegetative cover, minimizing 
excavation and minimizing impervious surface area on restricted development areas. 
3. Design options have been considered to reduce the impacts of development, including 
but not limited to multi-stoiy construction, siting of residences close to streets to reduce 
driveway distance, maximizing the use of native landscaping materials, minimizing 
parking area and garage space. 
4. In no case shall the impervious surface area (including the building footprint, parking 
areas, accessory structures, swimming pools and patios) exceed 2,500 square feet of 
restricted development area except for a private drive that reduces the disturbance to 
restricted development areas. 
5. Assurances are in place to guarantee that future development will not encroach further 
onto restricted development areas under the same ownership. 
6. The Planning Commission or Director may impose any reasonable condition necessary to 
mitigate identified impacts resulting from development on otherwise restricted 
development areas. 
17.60.110 DISCLAIMER 
The degree of hazard protection afforded by adherence to the provisions of this chapter is 
considered reasonable for regulatory purposes, and is based on the best available engineering and 
scientific information available to the City. Larger floods than those anticipated by the chapter 
may occur. Landslides may occur on rare occasions in areas outside of the delineated steep slope 
and constrained slope boundaries. This chapter does not imply that areas outside FSH overlay 
district or land use permitted within FSH boundaries will be free from any significant flooding, 
mass movement, landslide damage, erosion or water pollution. This chapter shall not create 
liability on the part of the City of Sandy for any damage that results from reliance on the 
provisions of this chapter or any administrative decision lawfully made thereunder. 
Department of Land Conservation 
and Development 
1175 Court Street, N.E. 
Salem, OR 97310-0590