For the purpose of this chapter, the words and phrases shall have the meanings ascribed to them as defined in Chapter 150.03 or as defined herein. If there is a conflict in the definitions between the two chapters, the definition ascribed in this chapter shall control:

   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's interpretation of any provision of this chapter or a request for a variance.

   AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.

   BASE FLOOD. The flood having a 1% chance of being equaled 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 floor subgrade (below ground level) on all sides.

   CUT, (AN EXCAVATION). The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the materials removed in excavation.

   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 or drilling operations or storage of equipment or materials.

   DEVELOPMENT PLAN. Includes, as appropriate, a general development plan, final development plan, or application for zoning permit.

   EROSION. The wearing away of the land surface by the action of wind, water, or gravity.

   EXCAVATION. Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed; the term shall include the conditions resulting therefrom.

   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

   FILL. Any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland waters; and/or

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.

   FLOOD INSURANCE STUDY. The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.

   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 foot rise.

   GRADING. Any stripping, cutting, filling, stockpiling, or any combination thereof; the term shall include the land in its cut or filled condition.

   HISTORICAL STRUCTURE. Any structure that is:

      (1)   Designated and listed as a city landmark property as provided in Chapter 150.18;

      (2)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

      (3)   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;

      (4)   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

      (5)   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.

   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 storage, in an area other than a basement area, is not considered a building's lowest floor; providing 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. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent. This definition shall exclude any manufactured home park as defined in R.C. § 3733.01, for which the Public Health Council has exclusive rule-making power.

   MOBILE HOME. A structure, transportable in one or more section, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

   MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

   NATURAL VEGETATION. The ground cover in its original state before any grading, excavation, or filling.

   NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the initial effective date of the city's Flood Insurance Rate Map, and includes any subsequent improvements to such structures.

   PERMANENT VEGETATION. Long term vegetative cover, i.e. bluegrass, tall fescue, crown vetch, etc.

   PLAN. The water management, erosion or sediment control plan.

   RECREATIONAL VEHICLES. A vehicle which is built on a single chassis 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

   SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its original site or origin by air, water, or gravity, as a product of erosion.

   SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel silt, or other materials.

   SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

   START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, 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. 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 that alteration affects the external dimensions of a building.

   SUBDIVISION. The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.

   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.

   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure 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.

   SURFACE DRAINAGE PATTERN. The natural or man-made pattern for the collection and transport of surface storm water across and through a property. It includes, but is not limited to, swales, watercourses, and surface runoff.

   SURFACE RUNOFF. The natural, unconcentrated runoff of water moving in sheet flow across any given area.

   SWALE. A low-lying stretch of land which gathers or carries surface water runoff.

   TEMPORARY VEGETATION. Short term vegetation cover used to stabilize the soil surface until final grading and installation of permanent vegetation, i.e. oats, rye, or wheat.

   TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.

   VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

   WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for water, whether natural or man-made.

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)

   (A)   The administrative staff of the city shall be responsible for the administration and implementation of the standards specified in this chapter, unless specifically exempted herein.

   (B)   No grading, excavation, removal, or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been approved or there has been a determination that such plans are not required.

   (C)   No development plan shall be approved unless:

      (1)   There has been a plan approved that provides for minimizing erosion and sediment consistent with the intent of this chapter, and a performance bond or other acceptable securities are deposited with the city in the form of an escrow guarantee in an amount as determined by the Public Works Director or Community Development Director which will insure installation and completion of the required improvements; or

      (2)   There has been a determination that such plans are not required as set forth in division (D) of this section.

   (D)   No water management, erosion or sedimentation control plan shall be required under this chapter for the following:

      (1)   An excavation or fill which meets the following criteria:

         (a)   The grade change from existing natural ground surface does not exceed 12 inches at any point and does not impair the surface drainage pattern; and

         (b)   Is certifed by the applicant that it will not impair existing surface drainage, block or interfere with swales or watercourses, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse.

      (2)   Accepted agricultural land management practices such as: plowing, construction of agricultural structures, and nursery operations such as the removal and/or transplanting of cultivated sod, shrubs, and trees and tree cuttings on or above existing ground;

      (3)   Grading, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided:

         (a)   The aggregate of area(s) affected, or stripped at any one time does not exceed 5,000 square feet, and there is no damaging, erosive, or sediment-laden drainage coming into or discharged from the subject area;

         (b)   The grade change does not exceed 12 inches at any point and does not impair the existing surface drainage pattern;

         (c)   All bare earth is promptly seeded, sodded, or otherwise effectively protected from erosive actions.

      (4)   Maintenance work such as roofing, painting, and basement sealing, or for small development activities (except for filling and grading) valued at less than $1,000.

   (E)   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 the City of Montgomery." This study, with accompanying Flood Boundary and Floodway Maps and/or Flood Insurance Rate Maps dated March 2, 1993 and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at 10101 Montgomery Road. A plan shall be required for any proposed development activity located in an area of special flood hazard except as provided in division (D)(5) of this section.

   (F)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. 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 flood 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 decisions lawfully made thereunder.

   (G)   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

   (H)   If the applicant, developer or property owner shall fail to construct and/or maintain the development site in accordance with the approved plan for water management, erosion and sediment control, the city shall notify in writing the developer and/or property owner, by either ordinary mail or conspicuously posting such notice upon the development site, that the developer and/or property owner must bring the site into compliance with the approved plan within a reasonable period of time not to exceed seven days, or such shorter period of time as determined by the Public Works Director, and if in his or her opinion there is imminent danger to persons or property by the owner and/or developer failing to comply with the approved plan. If the owner and/or developer fails to bring the property into compliance with the approved plan in the time allowed within the notice, then the city or its authorized agent may enter upon the property with further notice and take all steps necessary to bring the property into compliance with the approved plan or to abate any condition which poses an imminent danger to persons or property, and the cost of such corrective action shall be charged against the bond or other security as required herein. To the extent such cost of corrective action exceeds the available bond or security, the costs shall be taxed as a lien upon the property and collected as a part of the real property taxes for such real estate.

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)

   (A)   The following principles are effective in minimizing erosion and sedimentation and shall be included where applicable in the plan both during and after development.

      (1)   Stripping of vegetation, regrading, or other development shall be done in a way that will minimize erosion. Whenever feasible, natural vegetation shall be retained, protected and supplemented;

      (2)   Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential;

      (3)   Development plans shall not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse;

      (4)   The smallest practical area of land shall be exposed at any one time and the duration of exposure shall be kept to a practical minimum, the topsoil shall be preserved and returned to the surface of areas to be revegetated;

      (5)   Disturbed soils shall be stabilized as quickly as practicable with temporary vegetation and/or mulching to protect exposed critical areas during development;

      (6)   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practicable in the development;

      (7)   Provisions shall be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development;

      (8)   Sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps, or similar measures, until the disturbed area is stabilized.

   (B)   The following standards shall be followed in all water management, erosion and sediment control plans.

      (1)   All lots, tracts, or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding;

      (2)   All drainage provisions shall be of such design to handle the surface runoff adequately and carry it to the nearest suitable outlet such as a curbed street, storm drain, or watercourse. Where drainage swales are approved to divert surface waters away from buildings, they shall be sodded, planted, or paved as required, and shall be of such slope, shape, and size as to conform with the requirements of the city. Drainage swales must be maintained continuously per plan by the owner of the property upon which constructed;

      (3)   The installation of the specified water management and sediment control measures shall be accomplished in accordance with the standards and specifications contained in water management and sediment control for urbanizing areas on file with the office of the Public Works Director, the Hamilton County Soil and Water Conservation Service, and the Hamilton County Stormwater District unless otherwise recommended by the Building Commissioner;

      (4)   During the construction phase, further consultive technical assistance will be furnished, if necessary, by the city, or by the local representative of the U.S. Soil Conservation Service.

   (C)   The approved plan for water management and sedimentation control required of the landowner or his or her agent under this chapter, shall include, but not be restricted to, the following requirements:

      (1)   A vicinity sketch and boundary line survey of the site for which the permit is sought and on which the work is to be performed;

      (2)   The location of any buildings, structures, utilities, sewers, water and storm drains on site where the work is to be performed;

      (3)   The location of all trees with a trunk diameter of greater than four inches measured at a point five feet from the ground, or in the alternative, at the option of the city, a report on the trees from an arborist approved by the city;

      (4)   The location and elevation of any building or structure on land of adjacent property owners within 100 feet of the site;

      (5)   The elevations, and/or contours, dimensions, location, and extent of all work proposed to be done, and the existing elevations and/or contours of the land, all in one-foot increments;

      (6)   Detailed plans of all drainage provisions, storm water detention (if required), retaining walls, cribbing, vegetative practices, erosion and sediment control measures, location of proposed fences around sediment basins, steep excavations, or ponding areas, and other protective devices to be constructed in connection with, or as a part of, the proposed work together with a map showing the drainage area of land tributary to the site, and estimated cubic foot per second runoff, when developed, of the area served by any drainage provisions, computed in accordance with minor and major storm runoff hydrology as established in storm drainage calculations meeting Hamilton County Rules and Regulations for storm water runoff in urbanized areas;

      (7)   A timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence, stripping and/or clearing, rough grading and construction, final grading and vegetative establishment, and maintenance, and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;

      (8)   The estimated cost of the grading and/or filling and the cost of the required erosion and sedimentation controls; and,

      (9)   In any area of special flood hazard where base flood elevation data are available, the following information is required: elevation of the lowest floor, including basement, of all proposed structures; elevation to which any structure will be floodproofed; and certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the criteria of § 154.05(B)(1).

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)

   In all areas of special flood hazards the following standards are required:

   (A)   Anchoring. 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.

   (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.

      (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.

      (1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

      (2)   New and replacement sanitary sewerage 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)   Individual waste water treatment systems shall be located to avoid impairment to them or contamination from them during flooding.

   (D)   Subdivision proposals.

      (1)   All subdivision proposals shall be consistent with the need to minimize flood damage;

      (2)   All subdivision proposals 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 shall have adequate drainage provided to reduce exposure to flood damage; and

      (4)   Base flood elevation data shall be provided for subdivision proposals, and other proposed developments which contain at least five acres.

   (E)   Certain structures prohibited. For purposes of these regulations, no recreational vehicles, manufactured homes nor mobile homes, as herein defined, shall be permitted to be located within any area of special flood hazard in accordance with § 154.02(E).

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)

   In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 154.02(E) or § 154.06(C), 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 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 the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

      (1)   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

      (2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

      (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 section.

   (C)   Accessory structures. An exemption to the elevation or dry floodproofing standards may be granted by the city 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 division (D)(1) of this section 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)   Floodways; areas with floodways. The Floodway Insurance Study referenced in § 154.02(E) 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 § 154.06(C). The floodway is an extremely hazardous area due to the velocity of flood waters 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 improvements, and other development unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

      (2)   If division (D)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

      (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 by the City Manager to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.

   (E)   Enclosures below the lowest floor. The following standards apply to all new and substantially improved residential and nonresidential structures which are elevated to the base flood elevation using pilings, columns, or posts. Fully enclosed areas below the lowest floor that are useable 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 floodwaters. Designs for meeting this requirement must:

      (1)   Be certified by a registered professional engineer or architect; or

      (2)   Must 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.

         (b)   The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other openings provided that they permit the automatic entry and exit of floodwaters.

      (3)   Any enclosure which meets these criteria shall be considered as having met the requirements of § 154.04(A).

(Ord. 5-2006, passed 4-5-06)

   (A)   Four copies of complete plans shall be filed with the city. The city shall review and recommend such changes or modifications as are deemed necessary and may, when it deems appropriate, refer a copy of preliminary plans or extension of previously approved plans requiring water management and sediment control measures to the county soil and water conservation district for review and recommendation as to adequate water management and sediment control measures to prevent damage to other properties.

   (B)   The city shall:

      (1)   Review all permits to determine that the permit requirements of this chapter have been satisfied.

      (2)   Review all 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.

      (3)   Review all development permits to determine if the proposed development is located within a designated floodway. Floodways may be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of § 154.05(D)(1) is met.

      (4)   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:

         (a)   Obtain from the applicant 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 whether or not such structures contain a basement.

         (b)   For all new or substantially improved floodproofed structures:

            1.   Obtain from applicant, verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

            2.   Maintain the floodproofing certifications required in § 154.03(C)(10).

         (c)   Maintain for public inspection all records pertaining to the provisions of this chapter.

      (5)   Notify adjacent communities and the Ohio Department of Natural Resources, Division 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. Maintain engineering documentation that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished. Required that necessary maintenance will be provided for the altered or relocated portion of said watercourse will not be diminished. Require that necessary maintenance will be provided for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

      (6)   Require that necessary maintenance will be provided by the applicant for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

      (7)   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). A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 154.07.

   (C)   Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer § 154.05(A), (B) and (D).

   (D)   If the city approves the plans it shall issue a permit and shall ensure compliance by the applicant with the plans as finally approved.

   (E)   In order to ensure that emergency measures could be taken by the city if the water management and sediment control measures were not implemented according to the agreed-upon plan and schedule, a performance bond in the amount of the cost of the water management and sediment control measures may be required to be filed with the city. The performance bond shall authorize immediate payment to the city upon certification that necessary emergency work must be done immediately to ensure proper water management and sediment control as a result of the landowner's failure to complete or adhere to the approved water management and sediment control plan.

   (F)   The city shall undertake continuing review and evaluation of the methods used and overall effectiveness of the storm water management and sediment control program.

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)

   (A)   Appeal.

      (1)   The Planning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter.

      (2)   The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city in the enforcement or administration of this chapter.

      (3)   In passing upon such applications, the Planning Commission shall consider all technical evaluation, all relevant factors, and standards specified in other sections of this chapter, and:

         (a)   Any danger that materials may be swept onto other lands to the injury of others;

         (b)   Any danger to life and property due to flooding or erosion damage;

         (c)   The susceptibility of the proposed facility and its contents to flood damage and the 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 on the applicant's property for the proposed use which are not subject to flooding or erosion damage;

         (f)   The compatibility of the proposed use with existing and anticipated development;

         (g)   The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

         (h)   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         (i)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at this site; and

         (j)   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.

      (4)   Upon consideration of the factors contained in division (A)(3) of this section and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

      (5)   The city 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)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing divisions (A)(3)(a) through (j) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

      (2)   Variances may be issued for the repair or 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 minimum necessary to preserve the historic character and design of the structure.

      (3)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (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 § 154.07(A)(3) 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.

(Am. Ord. 5-2006, passed 4-5-06)

   (A)   City Council hereby approves and adopts the “Determinations and Background Pertinent to Storm Water Management in Hamilton County”, which are attached to Ordinance No. 15-2013 as Exhibit A and hereby fully incorporated herein.

   (B)   City Council hereby adopts, establishes and implements within the city, the Rules and Regulations of the Hamilton County Storm Water District, which are attached to Ordinance No. 15-2013 as Exhibit B and hereby fully incorporated herein.

(Ord. 15-2013, passed 11-6-13)

   Whoever violates any provisions of this chapter shall be deemed guilty of a minor misdemeanor. Each day such violation is committed or is permitted to continue shall constitute a separate offense.

(Ord. 13-1988, passed 3-2-88; Am. Ord. 5-1993, passed 2-3-93; Am. Ord. 5-2006, passed 4-5-06)