(a) An
application for an exception must be made in writing and submitted to the
department. The application must include a site map that shows elevations and
the location and use of all proposed structures and facilities. The application
also must demonstrate how the safety of building occupants will be assured as
required by ORS 455.446(1)(d).
(b) To the extent the information is
applicable and reasonably available, the application also must include the
following information:
(A) Proposed mitigation
that is the basis for the exception, such as evacuation or construction methods
and the nearness and accessibility of evacuation sites that are clearly safe
from tsunami inundation;
(B)
Estimates of the anticipated amount of time between the earthquake event and
the time the first tsunami strikes, and the ease with which the facility or
structure can be evacuated;
(C) The
name and source of any alternative tsunami model used, and a showing of whether
the proposed facility or structure would be located outside the inundation zone
and, if so, how far outside the zone;
(D) Citations to the sources of any geologic
field data that were not used to establish the adopted inundation zone and a
showing of whether the proposed facility or structure would be located outside
the inundation zone identified by the new data and, if so, how far outside the
zone;
(E) The structural ability of
the proposed facility or structure to withstand the earthquake that precedes
the tsunami;
(F) The structural
ability of the proposed facility to withstand a tsunami;
(G) The needs being met by locating the
facility or structure at a particular site;
(H) The lack of suitable alternatives for a
facility or structure;
(I) Whether
the proposed facility or structure is a replacement of a facility or structure
that was used for the same use; and
(J) Other relevant information supporting the
request for exception.
(c) The board or its delegate shall determine
whether the application is complete and may require any additional information
that is reasonably necessary for the evaluation of the request for an
exception.
(d) The board or its
delegate shall hold a public hearing for the purpose of informing the public
about, and considering public comment on, the request for an
exception.
(e) The board shall
grant or deny the request for an exception within 60 days after the receipt of
a complete application unless the developer agrees to an extension.
(f) The board may grant a request for an
exception subject to conditions determined by the board to be appropriate under
ORS 455.446(1)(d).
