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52-99 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 52-99 Ordinance No.--------- Passed- - - -------19-- ~ AN ORDINANCE TO AMEND CHAPTER 151, FLOOD CONTROL, OF THE DUBLIN CODIFIED ORDINANCES REGULATING BASIS FOR ESTABLISHING THE AREA OF FLOOD HAZARD AND DECLARING AN EMERGENCY the rovisions of Cha ter 151 of the Cit of Dublin Codified Ordinances WHEREAS p Y I~ ~ P minimize public and private losses due to flood conditions in specific areas; and WHEREAS, certain revisions have been requested by the Federal Emergency II' Management Agency (FEMA) through Ohio Department of Natural Resources (ODNR) and include language for adoption of the new flood maps which became effective April 21, 1999; and WHEREAS, FEMA has mandated that legislation adopting these changes be enacted on or about Apri121, 1999; and 'I I', WHEREAS, Dublin's continued participation in the National Flood Insurance Program ~'i is contingent upon enactment of FEMA's modified regulations on or about April 21, I' 1999; I NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: SECTION 1. That Section 151.04 BASIS FOR ESTABLISHING THE AREA OF FLOOD HAZARD, be repealed in its entirety and replaced as follows: 151.04 BASIS FOR ESTABLISHING THE AREA OF FLOOD HAZARD I' ' The areas of special flood hazard have been identified by the Federal Emergency Management Agency in scientific and engineering reports entitled "Flood Insurance Study for Franklin County, Ohio and ~I Incorporated Areas", dated Apri121, 1999, "Flood Insurance Study for ~ Delaware County, Ohio and Incorporated Areas", dated April 21, 1999 and "Flood Insurance Study for Union County, Ohio and Incorporated Areas", dated September 27, 1991. These studies with accompanying Flood Insurance Rate Maps and any revisions thereto are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Studies are on file at the Office of the City Engineer. SECTION 2. That this Ordinance be, and the same hereby is, declared to be an emergency, necessary to preserve the health, welfare and safety of the citizens of Dublin by enabling Dublin to continue to participate in the National Flood Insurance Program and therefore, this Ordinance shall be in full force and effect immediately upon its ~ i, passage. I'. I " Passe is ~ day of ~ , 1999 i May -Presiding Officer I', ATTEST: I hereby certify that copies of this Ordinance/Resolution were posted in the ' Gty of Dublin in accordance with Section 731.25 of the Ohio Revised Co~~; Clerk of Coun 1 C~ ~ (lar of Council, Duhlin, Ohio I i G:\Word\Council99\AN ORDINANCE TO AMEND CHAPTER 151. oc MEMORANDUM TO: Dublin City Council FROM: Timothy C. Hansley, City Manager ~~3~ ~s1~ INITIATED BY: Balbir S. Kindra, Director of Engineering/City Engineer' DATE: Apri127, 1999 SUBJECT: Ordinance Number 52-99 An Ordinance to Amend Chapter 151, Flood Control of the Dublin Codified Ordinances Regulating the Basis for Establishing the Area of Floood Hazard And Declaring and Emergency Attached is Ordinance Number 52-99 amending Chapter 151, Flood Control of the Dublin Codified Ordinances Regulating the Basis for Establishing the Area of flood Hazard, as required by the Ohio Department of Natural Resources and the Federal Emergency Management Agency (FEMA). The present ordinance was adopted on July 17, 1995. A copy of Chapter 151, Flood Control of the Dublin Codified Ordinances is attached for your information. The main reason for revising this ordinance is to include areas in Delaware County and Union County, as reflected in the new sets of Flood Hazard maps provided by FEMA. All other changes are minor housekeeping items such as current dates. Attached is a copy of a letter from FEMA along with the National Flood Insurance program policy for your use and information. Your approval on an emergency basis is most appreciated. G:\Word\Counci199\Fema Ordinance Memo.doc CHAPTER 151: FLOOD CONTROL Page Section General Provisions ...........59 151.01 Purpose . ...........60 151.02 Definitions ...........63 151.03 Jurisdiction • . 63 63 151.04 Basis for establishing areas of special flood hazar s 151.05 Compliance ~ 64 151.06 Abrogation and greater restrictions • 64 151.07 Interpretation ....•..,64 151.08 Warning and disclaimer of liability • ' ' ' ' ' • . 64 151.09 Methods of reducing flood losses \ . Provisions for Flood Hazard Reduction 151.20 General standards • ' • . 66 151.21 Specific standards • 68 • 151.22 Floodway ..............69 151.23 Fill Administration and Enforcement ......69 151.35 Development permits 70 151.36 Duties and responsibilities of the City Engineer 71 151.37 Variance procedure . ...........73 151.99 Penalty . GENERAL PROVISIONS § 151.01 PURPOSE. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Protect human life and health; 59 § 151.02 Dublin -Land Usage (B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) Minimize prolonged business interruptions; (E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards; (F) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to minimize future flood blight areas; (G) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. ('80 Code, § 1313.01) (Ord. 27-80, passed 4-21-80; Am. Ord. 64-95, passed 7-17-95) § 151.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. ACCESSORY STRUCTURE. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure. APPEAL. A request for a review of the City Engineer's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING. A designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a 1 % or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain subject to a 1 % or greater chance of flooding in any given year. Areas of special flood hazard are designated by the Federal Emergency Management Agency as Zone A, AE, AH, AO, Al-30, and A99. BASE FLOOD. The flood having a 1 % chance of being equalled or exceeded in any given year. The base flood may also be referred to as the 100-year flood. BASEMENT. Any area of the building having its subgrade (below ground level) on all sides. 60 Flood Control § 151.02 DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program. F FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation or runoff of surface waters from any surface. FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of a base flood. FLOOD INSURANCE STUDY. The official report in which the Federal Emergency Management Agency has delineated the areas of special flood hazard. FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot. HISTORIC STRUCTURE. Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (a) By an approved state program as determined by the Secretary of the Interior; or (b) Directly by the Secretary of the Interior in states without approved programs. 61 .~..-.-.--,ar § 151.02 Dublin -Land Usage LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or ~ flood resistant enclosure, usable solely for parking of vehicles, building access or ~-`y storage, in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the lowest floor. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. MANUFACTURED HOME does not include a "recreational vehicle. " MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale. This definition shall exclude any manufactured home park as defined in R.C. § 3733.01, over which the Public Health Council has exclusive rule-making power. NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the effective date of the City of Dublin's Flood Insurance Rate Map, and includes any subsequent improvement to such structures. RECREATIONAL VEHICLE. A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a 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 or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building. STRUCTURE. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 % of the market value of the structure before the damage occurred. 62 I Flood Control § 151.05 SUBSTANTIAL IMPROVEMENT. Any reconstruex eedsr50%ilof the ~marketl~ alue of the unprovement of a structure, the cost of which equals or structure either before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or (3) Any improvement to a structure which is considered new construction. VARIANCE. A grant of relief to a person from the standards of this chapter consistent with the variance conditions herein. ('80 Code, § 1313.02) (Ord. 64-95, passed 7-17-95) § 151.03 JURISDICTION. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. ('80 Code, § 1313.04(a)) (Ord. 64-95, passed 7-17-95) § 151.04 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARDS. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Franklin County, Ohio and Incorporated Areas." This study, with accompanying Flood Insurance Rate Maps dated August 2, 1995, and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study in on file at the office of the City Engineer. ('80 Code, § 1313.04(b)) (Ord. 64-95, passed 7-17-95) § 151.05 COMPLIANCE. Unless specifically exempted from filing for a development permit as stated in § 151.35(B), no structure or land shall hereafter be located, erected, constructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter. ('80 Code, § 1313.04(c)) (Ord. 64-95, passed 7-17-95) Penalty, see § 151.99 63 .__.-_..~..r.~ § 151.06 Dublin -Land Usage § 151.06 ABROGATION AND GREATER RESTRICTIONS. ~ This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. ('80 Code, § 1313.04(d)) (Ord. 64-95, passed 7-17-95) § 151.07 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and (C) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of this chapter may be in conflict with a state law, such state law shall take precedence over the chapter. ('80 Code, § 1313.04(e)) (Ord. 64-95, passed 7-17-95) § 151.08 WARNING AND DISCLAIMER OF LIABII.ITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special food hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. ('80 Code, § 1313.04(f)) (Ord. 64-95, passed 7-17-95) § 151.09 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes methods and provisions for: (A) Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities; (B) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 64 Flood Control § 151.20 (C) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters; (D) Controlling filling, grading, dredging and other development which may increase flood damage; and (E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may-increase flood hazards in other areas. ('80 Code, § 1313:03) (Ord. 27-80, passed 4-21-80; Am. Ord. 64-95, passed 7-17-95) PROVISIONS FOR FLOOD HAZARD REDUCTION § 151.20 GENERAL STANDARDS. (A) Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes not otherwise regulated by the Ohio Revised Code pertaining to manufactured home parks shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. (B) Construction materials and methods. (1) All new construction and substantial improvements shall be constructed with materials resistant to flood damage; (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and (3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (C) Utilities. The following standards shall apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code: 65 § 151.21 Dublin -Land Usage f (1) All new and replacement water supply systems shall be designed to minimize or eliminate . infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. X (D) Subdivision proposals. (1) All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage; (2) All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and (4) All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of § 151.21(F). ('80 Code, § 1313.08) (Ord. 64-95, passed 7-17-95) Penalty, see § 151.99 § 151.21 SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data have been provided as set forth in 151.04 and 151.36(B), the following provisions are required: (A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation. (B) Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to one foot above the level of the base flood elevation; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 66 I Flood Control § 151.21 (3) ' Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this division. Such certification shall be provided to the official as set forth in § 151.35(A)(3). (C) Accessory structures. A relief to the elevation or dry floodproofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing 576 square feet or less in gross floor area. Such structures must meet the encroachment provisions of § 151.22(A) and the following additional standards: (1) They shall not be used for human habitation; (2) They shall be designed to have low flood damage potential; (3) They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters; (4) They shall be firmly anchored to prevent flotation; and (5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed. (D) Manufactured homes and recreational vehicles. The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home requirements of R.C. § 3733.01. (1) Manufactured homes shall be anchored in accordance with § 151.20(A)(2). (2) Manufactured homes shall be elevated on a permanent foundation such that the Iowest floor of the manufactured home is at the base flood elevation. (E) Enclosures below the lowest floor. The following provisions apply to all new and substantially improved residential and nonresidential structures which are elevated to one foot above the base flood elevation using pilings, columns, or posts. Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must: (1) Be certified by a registered professional engineer or architect; or (2) Meet or exceed the following criteria: (a) 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 be provided; 67 § 1 S 1.22 ~ Dublin -Land Usage (b) 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 provided that they permit the automatic entry and exit of floodwater. (F) Subdivisions and large developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with 151.04 and 151.36(B), the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least 50 lots or 5 acres (whichever is less): (1) The applicant shall provide base flood elevation data performed in accordance with standard engineering practices; (2) If division (F)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 151.20 and 151.21. ('80 Code, § 1313.09) (Ord. 64-95, passed 7-17-95) § 151.22 FLOODWAY. (A) Areas with floodways. The Flood Insurance Study referenced in § 151.04 identifies a segment within areas of special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information as specified in § 151.36(B). The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential. The following provisions apply within all delineated floodway areas: (1) Prohibit encroachments, including fill, new construction, substantial and other improvements, and other development unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practice demonstrates that the proposed encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If division (A)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § § 151.20 and 151.21. (3) Any encroachment within the floodway that would result in an increase in base flood elevations can only be granted upon the prior approval by the Federal Emergency Management Agency. Such requests must be submitted to the City Engineer to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program. (B) Areas without floodways. In all areas of special flood hazard where FEMA has provided base flood elevation data as set forth in § 151.04, but FEMA has not delineated a floodway, the following provisions apply: (1) New construction, substantial improvements, or other development (including fill) shall only be permitted if it is demonstrated that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 68 Flood Control § 151.35 (2)' If division (B)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 151.20. ('80 Code, § 1313.10) (Ord. 64-95, passed 7-17-95) § 151.23 FILL. Located within areas of special flood hazard established in § 151.04, no fill shall be placed between the floodway and the base flood elevation or between the floodway and 20 feet from the floodway, whichever is less. ('80 Code, § 1313.11) (Ord. 64-95, passed 7-17-95) ADMINISTRATION AND ENFORCEMENT § 151.35 DEVELOPMENT PERMITS. (A) Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 151.04. Application for a development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, site specific topographical plan drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized; (2) Elevation in relation to mean sea level to which any proposed structure will be floodproofed in accordance with § 151.21(B)(1) where base flood elevation data are utilized; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 151.21(B)(1) where base flood elevation data are utilized; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished. (B) Exemption from fcling a development permit. An application for a development permit shall not be required for maintenance work such as roofing, painting and basement sealing, or for small nonstructural development activities, except for filling and grading, valued at less than $1,000 or as determined by the City Engineer. 69 _r § 151.36 Dublin -Land Usage (C) Administrator. The City Engineer or his or her designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. ('80 Code, § 1313.05) (Ord. 64-95, passed 7-17-95) § 151.36 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. Duties and responsibilities of the City Engineer shall include, but are not limited to: (A) Permit review. (1) Review all development permits to determine that the permit requirements of this chapter have been satisfied. (2) Review all development permits to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required, including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. (3) Review all development permits to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Insurance Rate Map of the Flood ~ - Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of § 151.22(A) is met. (B) Use of other base flood data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with § 151.04 are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data obtained under 151.20(D) and 151.21(F), in order to administer § 151.22. (C) Information to be obtained and maintained. Where base flood elevation data are utilized within areas of special flood hazard on a community's Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply: (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 record whether or not such structures contain an enclosure below the lowest floor. (2) For all new or substantially improved floodproofed nonresidential structures: (a) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and 70 i I Flood Control § 151.37 (b) Maintain the floodproofing certifications required in § 151.35(A)(3). (3) Maintain for public inspection all records pertaining to the provisions of this chapter. (D) Alteration of watercourses. Division (1) Notify adjacent communities and the Ohio Department of Natural Resources, of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse is considered to be altered if any change occurs within its banks. (2) Maintain engineering documentation required in § 151.35(A)(4) that the flood carrying capacity of the altered or relocated portion of such watercourse will not be diminished. (3) Require that necessary maintenance will be provided for the altered or relocated portion of such watercourse so that the flood carrying capacity will not be diminished. (E) Interpretation of flood boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and field elevations disagree, the elevations delineated in the flood elevation profile shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 151.37. ('80 Code, § 1313.06) (Ord. 64-95, passed 7-17-95) § 151.37 VARIANCE PROCEDURE. (A) Appeal Board. (1) The Board of Zoning Appeals as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter. (2) The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the Board of Zoning Appeals, or any taxpayer, may appeal such decision to the Common Pleas Court, as provided in state law. (4) In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; 71 § 151.37 Dublin -Land Usage f° (c) The susceptibility of the proposed facility and its contents to flood damage and the (y. effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (f) The necessity to the facility of a waterfront location, where applicable; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use with existing and anticipated development; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (5) Upon consideration of the factors of division (A)(4) above and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The City Engineer -shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (B) Conditions for Variances. ~ (1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard to afford relief. (3) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing such factors in division (A)(4)(a) through (k) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 1 72 i Flood Control § 151.99 (4) Variances may be issued for the repair and rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minunum necessary to preserve the historic character and design of the structure. (5) Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in division (A)(4) above, or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ('80 Code, § 1313.07) (Ord. 64-95, passed 7-17-95) § 151.99 PENALTY. Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day such violation continues shall be considered a separate offense. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. ('80 Code, § 1313.99) (Ord. 64-95, passed 7-17-95) _ 73 t o1a Ofat11P3 ~ egg ,$ob Taff, Governor Donald C. Anderson Director February 4, 1999 p c ~ ~ ~ D Mr. Charles Petty, P.E., Assistant City Engineer-Utilities FEB ©51899 City of Dublin Development Department-Engineering DIVISION OF ENGINEERING 5800 Shier-Rings Road Dublin, Ohio 43017-1236 GIB' OF DUBLIN Dear Mr. Petty: This is in follow up to our discussion today regarding the update of the City's floodplain management regulations for continued community participation in the National Flood Insurance Program (NFIP). Enclosed please find a copy of the ODNR Model Special Purpose Flood Damage Prevention Ordinance, along with a summary sheet noting recent changes to the Model Ordinance. You may wish to note these sections and compare the language in the Model to that found in the City's current floodplain management regulations. As we discussed, the Federal Emergency Management Agency (FEMA), which as you know administers the NFIP, is requiring the City to revise its regulations to incorporate the April 21, 1999 effective date of the Franklin County and Delaware County revised Flood Insurance Studies and accompanying maps. It would be helpful to submit a draft of the City's proposed regulations to my attention for review prior to adoption. Upon adoption, a certified copy should be submitted for final approval and transmittal to FEMA. In the meantime, if you or other City officials have questions about this information, the NFIP, or need other assistance in floodplain management, please do not hesitate to contact me in writing or by calling (614) 265-6753. Sincerely, ~ Michael K. Gease, Senior Environmental Specialist Floodplain Management Program Division of Water MKGlmkg Enclosure cc: FEMA Region V, Ohio CCO RECrCIED PAPER Dirisiow of Water,1939 Fowdain Sgwrt Covey B+w/diwg Fi3, CoJwn!?~t, OHI3224-1336 ? sor-e~seouxc x+~wdwrstafcok.~r/odndw~e amoooi ~4G~NC,Y Mgn,'C~ a 3~ Federal Emergency Management Agency a„b Washington, D.G. 20472 1zb~gq e ~y o o 3 ~ ~i MAR 1 9 1999 ~ 1/~' CERTIFIED MAIL ~ ~ ( ~ RETURN RECEIPT REQUESTED The Honorable Chuck Kranstuber Mayor of the City of Dublin Franklin and Delaware Counties 5200 Emerald Parkway Dublin, Ohio 43017 Dear Mayor Kranstuber: Please consider this an official reminder that your community has until Apri121, 1999, to adopt floodplain management measures which satisfy Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations and have them approved by our Regional Office. I realize that your community maybe in the final adoption process, or you may have recently adopted the appropriate measures. If you have not done so, please submit these measures to the Director, Mitigation Division of the Federal Emergency Management Agency (FEMA), 175 West Jackson Boulevard, Fourth Floor, Chicago, Illinois 60604, where they will be reviewed upon receipt. Our regional staff will inform you of your community's continued eligibility when your measures are approved, or will assist your community in the development of appropriate measures. As in previous correspondence, we urge you to contact our Regional Office if your community is encountering difficulties in enacting the appropriate measures. Our Regional Office can be reached at (312) 408-5548. The NFIP regulations (copy enclosed) identify certain floodplain management measures for adoption by participating communities. These measures need to be adopted by Apri121, 1999, to avoid your community's suspension from the NFIP on that date. Please note that there are certain consequences when a community is suspended from participation in the NFIP. FEMA would like to help ensure that your community is not faced with these consequences, which include the fo1lo~Ning: flood insurance may not be sold or renewed w~thsn_ a suspended community; 3-year insurance policies remain in force only until the end of the current year; and the remaining premium for years 2 and/or 3, which was prepaid, will be refunded. It is important to also note that when a community is suspended from the NFIP, it is subject to the provisions of Section 202(a) of Public Law 93-234, as amended. This section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant (in connection with a flood), for acquisition or construction purposes within special flood hazard areas. For example, this would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. 2 Further, Section 202(b) of P. L. 93-234, as amended, states that in the event of a disaster caused by a flood, Federal disaster relief assistance will not be available to any property located within the suspended community. The law requires federally regulated lending institutions to so notify the purchaser or lessee of improved real property situated in special flood hazard areas when such property is being used to secure a loan that is being made, increased, extended or renewed. A suspended community can regain eligibility in the NFIP by submitting a new application and enacting the floodplain management measures established in Section 60.3 of the NFIP regulations. However, please note that during the period of suspension from the 1VFIP, if the community permits development to take place in the floodplain that aggravates the flood hazard, the community will be required to remedy the increased hazard to the maximum extent possible before eligibility can be restored. We encourage you to contact our Regional Office if you need assistance or have any questions. Our regional staff will provide technical assistance and guidance in the development of your community's floodplain management measures. The adoption of compliant floodplain manage- ment measures will ensure participation in the NFIP and will provide the citizens in your community protection from disaster. Sincerely, c~\ ` Michael J. Arms on Associate Director for Mitigation Enclosure cc: Mr. Tim Hansley, Dublin City Manager ~ NATIONAL FLOOD INSURANCE PROGRAM (NFIP) POLICY ISSIIANCE 8-95~ Subject: 30-Day Waiting Period , Background: Section 579 of the National Flood Insurance Reform ,Act of 1994 (NFIRA) mandates a 30=day waiting period before coverage under a new contract ,for flood insurance or any modification to coverage under .:~an existing ~flood~.insurance contract becomes effective, with'two exceptions.• The-<express intent of~Con` . mandating :a, 3 0 -day, ~watinq period ~ was to~. present t`he pi'ir~ase of . flood insurance , a~ times of mminent-,~_f:lood t loss . ~ The Conference Committee Report says: "The Committee~is concerned by information that arose from the 1993 Midwest flooding that suggests that some .homeowners bought flood insurance only when flooding was imminent." One exception to the required 30-day waiting period involves the. initial purchase of flood insurance in ~connection~with the;making,~; increasing;.,,.extenson~~•or renewal Yof~ .a~ han: The` second `involves" ~ the intiah``purchase~.of flood insurances within one year `of ` a map. ; ' revision. _ ~ Y ~Plementation:~At~first; the Federal Insurance Administra- tion (FIA).interpreted the statutory language of "initial purchase" as not including adding coverage to an existing flood insurance policy. This narrow interpretation meant that lenders and borrowers would have to wait 30 days before flood insurance coverage became effective even for situations when-the lender required the borrower simply to add more flood coverage to a policy already in force in connection with a loan transaction or as a result of a mortgage loan portfolio review. National associations representing lenders, flood hazard determination companies, and insurers, as well as individual lending institutions have brought to our attention that this narrow interpretation of the statute's term "initial purchase" creates a number of adverse and inequitable situations. Adverse Effects Connected with Adding Coverage to as Existing Policy as a Result of Second Mortgages, Home Equity Loans, and Refinancing: First, lenders in conforming with the flood insurance purchase requirements (Section 102) of the Flood Disaster Protection Act of 1973 (the 1973 Act), as amended by the NFIRA must require flood insurance in connection with second mortgage loans, home equity loans, and refinancing of existing loans. When the borrower already has a flood insurance policy, but for an amount coverage less than the amount required to protect that lender s interest in the property, the lender must require additional flood insurance. Since, under this narrow interpretation, such a purchase of additional flood insurance is not the "initial -2- purchase" of the flood coverage, lenders have delayed closings for refinancing, home equity loans, and other second mortgages so that the flood coverage will be .in effect at the time of the loan closing and the lender will be in compliance with the mandatory purchase requirement. . . Delaying loan closings to conform with the narrow interpretation of the term "initial purchase" has also hurt some borrowers who -often have a "locked-in" interest rate, but only for a limited period of time. If a loan closing must be.•delayed to coincide with the effective date. of flood -insurance coverage, the borrower inay unnecessaril~r;, hive, ~o pay a_:~~h~gher::'interest • rate'. ~ On the otlie~ hand, ; a }~orrower :,who .:has never bought 'flood"~ insuran'ce before in• • connection with ~an ~existingimortgage .is~ entitled to flood coverage without a waiting period when applying for refinancing or a second mortgage. • To avoid trese-•t~fortunate and inequitable results, some lenders and borrowers are being driven to foreign insurance markets that offer flood insurance coverage without a waiting period. That result however runs contrary to a basic objective~of the flood insurance reform legislation as stated in•the Conference•Committee Report,~• naiaely,~ . "to .ensure that • those who should '•have flood • insurance,' pursuant to the mandatory purchase requirements of existing law, obtain it and maintain it. Increasing compliance and participation in the NFIP will provide added income to the insurance fund and decrease the financial impact on the federal government,. and to citizens who are the victims of floods." It is clear then that it was not the intent of Congress for the 30-day waiting period to interfere with the mandatory purchase requirement or to create added burdens on lenders and borrowers which unfortunately has been the case during the early implementation of NFIRA by lenders. - Interpretation: To be consistent with the intent of Congress, therefore, FIA believes that "initial purchase" with respect to the exception to the 30-day waiting period means the initial purchase of flood insurance in connection with a particular loan closing, i.e:, the purchase of the additional amount being required for that loan closing. . Potential Adverse Effects Connected with Adding Coverage to an Existing Policy as a Result of Map Revisions: The second exception to the mandatory 30-day waiting period applies to the "initial purchase" of flood insurance resulting from a map revision. This exception is clearly intended by Congress to facilitate lender compliance with the statutory flood insurance purchase requirements. Too narrow an interpretation of the term "initial purchase" of flood insurance in~ connection with map revisions potentially undermines that objective and creates inequities between similarly situated borrowers: those borrowers who must purchase flood insurance for the first time as a result of a map change and those borrowers who had already purchased flood . 1m.... ~r • , -3- insurance due to their .perso..~ali perception. of,:<<the flood risk prior to. the map change which ]4a;~er~~trigge,xs.:,;astatutory requirement' for additional flood insurance : ~ In some ~ cases the latter class of _ property .,owners , ,,while.. •ha~-~ng' `some~-~lood -=in'surartce~ coverage , - 'may not have enough flood.: insurance:~ao;.,meet•the statutory requirement under ,.Section .102 of the . ,1973 r Act , as amended ~ by the NFIR.A, ~ that the amount of flood insurance .:be in an .amount equal ~~to~`~:the outstanding balance of;-the loan or the:~.maximum amount of insurance available under the Act, whichever is less.. In those cases, the narrow interpretation of "initial purchase" would penalize prudent property ..owners; .~a~d ~preyent ~~em~' from x~bta~i~it4g•~~-the ~ rnece~ssary : ~ increased ~protectionrygf ; ~];oot~, ins.Liranceifor am. additional` 30.`days-- protettion that benefits: lthemy~r~ thei~.~ lenders; ~7•and~~~the' Federal taxpayers. The result, again, is that too narrow an interpretation of "initial purchase':'; o~ 1,~flood insurance -would dries the underinsured borrowers,.,. and their: lenders:::~to foreign markets of flood insurance which. ~ would:. divert • funds • ~ f rom the nation's flood insurance fund.. These are ~effects,~certainly at cross- purposes with ' the intent~~,of Congress , for,;,tY~s; ,~,~RAL~,r,~ I}~:~ the~iConference ~'Comaittee ' ~ report, ~ twq, _ ,of the listed F ~purpos'ee ~ ofi: t.the~•:~NFTRA ' are ~ to ^"provide added income to the ~~insurance fund"~~and~~ "decrease the. financial ~ impact° of flooding to ,the {federal-: government<:`and to citizens -who are victims ~of floods." , ~ ~ r.~ ; _ . , Interpretation: FIA believes that "initial purchase" with respect- to the exception to the 30-day:,waiting period in connection with map revisions means the initial purchase of flood insurance in connection with a particular msp,,revision, i.e., the purchase of the additional amount being:required in connection with that map revision. Potential Adverse $ffects Connected with Mortgage Portfolio Reviews: Under Section 102 (e) 'of the 1973 Act, as amended by the NFIR.A, a lender determining that a loan or loans in its portfolio should be but are not covered by flood insurance must notify the borrower that he or she ,should buy flood insurance. If the borrower fails' to purchase flood insurance within 45 days after notification, the lender is required to purchase the insurance on behalf of the borrower. Congress saw fit to provide express exceptions to the 30-day waiting, period~in connection with all other lender activities where the mandatory purchase of flood insurance applies. FIA believes Congress did not intend to imply that the requirement for flood. insurance is any less urgent when discovered after loan origination, including reviews for compliance by lenders acting in good faith and in compliance with the Section 102(e), than it is at~loan origination. If there is no exception to the 30-day waiting period in such tas,es, borrowers and lenders, and ultimately the Federal taxpayers, ~~are placed in a rather vexing situation: Faced with a statutory mandate for coverage the borrower or the lender must buy flood coverage but then must wait for the benefits of its protection for 30-days. The law in effect would be saying almost two contradictory things to lenders and borrowers -4- "you have to buy it (flood insurance) because it's essential, but you'll have to wait for it to become effective." Further, as noted above,~the purpose of the 30-day waiting period as expressed in the Conference Committee Report was to address the problem of homeowners buying flood insurance "only when flooding was imminent." This would not be the situation with the purchase of flood insurance being required by the.lender•to comply with Section 102(e). " Interpretation: FIA.,believes the. 30-day waiting•period was not meant to apply to an existing loan that should have but does not have the flood insurance as required by Section 102(e). Adverse Effects in Connection with Policy Renewals: Additipnally, there is a long established practice in the property insurance industry, followed throughout the history of the Program, to encourage property owners to increase coverage at renewal to account for inflation, often by suggesting an amount of increased insurariceA~coverage on the renewal bill..- In fact, some insurance companies even get insureds to agree to this when they first take out a policy, and the companies automatically adjust the amount of coverage upward at the time of renewal. In some cases, insureds at renewal choose to buy more flood coverage than that suggested by the agreement with their insurer in an effort to gain the maximum benefits of flood insurance protection available under the NFIP. InterPretation:~ FIA believes Congress fully understood these practices and did not intend for the 30-day waiting period to apply to increases in coverage at renewal where the renewal premium is received before renewal or within the grace period, even though that is not at least 30 days before the renewal effective date. Policy Decision: 1. The 30-day waiting period will not apply when there is an existing insurance policy and an additional amount of flood insurance is required in connection with the making, increasing, extension, or renewal of a loan, such as a second mortgage, home equity loan, or refinancing. The increased amount of flood coverage will be effective as of the time of the loan closing, provided the increased amount of coverage is applied for and the presentment of additional premium is made at or prior to the loan closing. 2. The 30-day waiting period will not apply when an additional amount of insurance is required as a result of a map revision. The increased amount of coverage will be effective at 12:01 a.m.•on the first calendar day after the date the increased amount of coverage is applied for and the presentment of additional premium is made. r ' -5- 3• The 30-day waiting period will not apply when flood insura is .required as a result of a lender determinin that which nce does not have flood insurance coverage should °an protected by~flood insurance. The coverage will be effective upon the completion of an application and the presentment of Payment of premium. '4• The 30-day waiting period will not apply when an addit' amount of insurance is being obtained in connection wit1Onal renewal of a policy. The increased amount of coverage willtbe effective at 12:01 a.m. provided the premium for the increased coverage is receivl~ before the expiration of the grace period. ed Effective Date: Policy Decisions 1 Janua 2 ~ 2• and 3 are effective ry 1996. Policy Decision ~ is effective immediately. io s~ D TE ' Elaine A. McReynolds Federal Insurance Admin' trator