Chapter 1111 establishes procedures for the subdivision of land and includes requirements for plat details, performance guarantees, and dedications. Standards relating to public and site improvements are set forth in Chapter 1113. Requirements for plat procedures and submissions are set forth in Chapter 1105.

(Ord. 17-O-618, Passed 3-16-17)

Chapter 1111 applies to the subdivision of all lands within the City of Riverside.

(Ord. 17-O-618, Passed 3-16-17)

A.

Purpose. The purpose of this section is to provide site planning and design regulations for new subdivisions. Review procedures for minor and major subdivision plans and plats are found in Chapter 1105, Section 1105.11. Information required for submittal of an application is found in Section 1105.13.

B.

Streets. The following gives the layout, right-of-way widths, improvements and minimum street grades for streets within the City of Riverside.

1.

Layout.

a.

Streets shall generally continue existing streets and provide ease of circulation within the plat and with adjoining plats and shall be platted with regard to topography and other existing physical features.

b.

Street intersections shall be at right angles to the greatest extent practical.

c.

Culs-de-sac streets shall not exceed 600 feet in length.

d.

Permanent dead end streets shall not be permitted.

e.

Alleys or off street drives may be required in all districts in the rear of lots fronting on thoroughfares, and in residential districts.

f.

Easements for utilities shall be provided where needed and/or by public utility companies.

g.

The number of intersecting streets along thoroughfares shall be held to a minimum in accordance with the Access standards, Section 1113.13.

h.

A parallel service drive, alley, or frontage road is recommended to eliminate numerous driveways from opening onto a thoroughfare.

i.

Where a subdivision abuts or contains an existing or proposed thoroughfare street (82 feet to 120 feet right-of-way), the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, loop streets, culs-de-sac or other such treatment as may be necessary to adequately protect residential properties and to afford separation of through and local traffic.

j.

Access to public or private streets: See Section 1113.13, Access Control for Streets and Highways.

k.

Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential streets. The intersections of service streets from parking areas with thoroughfare or collector streets shall not be less than 100 feet from the intersection of the thoroughfare or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except in cases of severe physical conditions or if the Commission finds that such extension is not in accord with the approved plan of the area.

2.

Minimum Right-of-way Widths. The typical standards shown herein are minimum only.

a.

Official Thoroughfare Plan streets: see the Official Thoroughfare Plan.

b.

Major Thoroughfare: 120-foot right-of-way.

c.

Minor Thoroughfare: 82- through 90-foot right-of-way.

d.

Major Collector Street: 70-foot right-of-way.

e.

Minor Collector Street: 60-foot right-of-way.

f.

Public access or service drives: 40-foot right-of-way.

g.

Culs-de-sac: 60-foot right-of-way for access and 100 foot diameter right-of-way for turn-arounds.

h.

Alleys: 20-foot right-of-way.

i.

Rear or Side Property Line Easements shall be a minimum width of ten feet, five feet on each side of the rear or side property line. The Planning Commission may increase, reduce, or eliminate any portion of this requirement as a part of the subdivision or site plan review based upon the needs of the agencies requiring the easement(s).

3.

Street Cross-Sections.

a.

Official Thoroughfare Plan street design and pavement width shall be based upon appropriate engineering studies.

b.

Major Thoroughfare Cross-Section.

1)

Roadway Width: Five lanes

2)

Center Landscaped Median

3)

Five foot sidewalks located on both sides of the roadway

4)

Curb, gutter, and storm sewer (curb measurement not to be calculated in total width)

c.

Minor Thoroughfare Cross-Section.

1)

Roadway Width: Five lanes

2)

Center Landscaped Median

3)

Five-foot sidewalks located on both sides of the roadway

4)

Curb, gutter, and storm sewer

d.

Major Collector Street Cross-Section.

1)

Roadway Width: Three lanes.

2)

On street parking as needed.

3)

Curb, gutter, and storm sewer.

4)

Five-foot sidewalks located on both sides of roadway.

e.

Minor Collector Street Cross-Section.

1)

Roadway Width: Two lanes; shall provide a minimum roadway width of 26 feet.

2)

On street parking as needed.

3)

Curb, gutter, and storm sewer.

4)

Five-foot sidewalks located on both sides of roadway.

f.

Local Streets and Cul-de-sac Street Cross-Section.

1)

Roadway Width: Two lanes; shall provide a minimum roadway width of 26 feet.

2)

On street parking as needed.

3)

Curb, gutter, and storm sewer.

4)

Five-foot sidewalks located on both sides of roadway.

5)

Seventy-eight foot diameter turn around area.

g.

Public Access or Service Drives.

1)

Roadway Width: Two lanes; shall provide a minimum roadway width of 26 feet.

2)

Curb, gutter, and storm sewer.

3)

Five-foot sidewalks located on both sides of roadway.

h.

Alleys.

1)

Roadway Width: Sixteen-foot minimum.

4.

Minimum Street Grades, Curves and Sight Distances. For specific roadway design standards see the Ohio Department of Transportation's (ODOT) Location and Design Manual: Volume 1; July, 2006 or most current version.

a.

The grades of streets shall not exceed the following:

1)

Major thoroughfares: six percent.

2)

Minor thoroughfares: seven percent.

3)

Local streets and all others: ten percent.

b.

Vertical street alignment for main thoroughfares shall be determined as follows: Profile grades shall be connected by vertical curves of a minimum length equivalent to 20 times the algebraic difference between the rates of grade, expressed in feet; for secondary and minor streets and alleys, 15 times.

c.

Horizontal curves, measured on the centerline, shall be as follows:

1)

Thoroughfare streets: minimum of 15-degree curve, 385 foot radius.

2)

All other streets: 58-degree curve, 100 foot radius. A minimum 50-foot tangent shall be introduced between reverse curves.

d.

Intersection site distance standards shall be as provided in Section 1113.13.C. of this UDO.

e.

Private Streets. Private streets, where so designated on a plan or plat, shall meet all of the requirements of this chapter, with the exception of roadway widths.

f.

Traffic Calming. In all cases developers/subdividers should design local streets within subdivisions to slow traffic to protect public safety. Local streets shall be designed to accommodate a maximum 25 miles per hour speed limit. Traffic calming devices shall meet the design requirements of the City Engineer.

C.

Bikeways and Multi Use Trails.

1.

Layout.

a.

Bikeway or multi use trail layout shall conform to the Official Thoroughfare Plan. If the plat involves a section of a bikeway and multi-use trail shown on the Official Thoroughfare Plan, the corresponding right-of-way must be so dedicated by the subdivider.

2.

Where required, bikeway or multi use trails may:

a.

Be incorporated as a part of the roadway width.

b.

Be a separate facility having a minimum width of eight feet.

3.

Street intersections with bikeways or multiuse trails shall be designed to accepted engineering practices.

4.

A bikeway or multi use trail, when required as a separate facility, adjacent to a public street may be built in lieu of the required sidewalk on that side of the street.

D.

Sidewalks.

1.

Sidewalks for Multi Family or Nonresidential Uses.

a.

Public sidewalks shall be located within the public right-of-way adjacent to the premises. Sidewalks shall be required to be installed by the developer when:

1)

The first, detached principal building is constructed on a premises.

b.

Private Walkways for Multi-Family Residential Use: Walkways shall be integrated with the overall development plan, parking lot layout and landscape plan to provide pedestrian access throughout the development and connect to any existing or required public sidewalk.

c.

Sidewalks shall be constructed to standards and specifications as adopted by the City of Riverside.

d.

Handicapped access to sidewalks shall be provided in accordance with standards and specifications as adopted by the City of Riverside according to Federal standards.

e.

Sidewalks shall be constructed in accordance with the specifications referred to in subsection B.3. hereof. The Commission may, upon proper application by a subdivider, waive the requirement of sidewalks on both sides of the street and may order sidewalks on only one side of the street or eliminate the requirement of sidewalks throughout all or part of the plat. In acting upon an application for a waiver, the Commission shall give primary consideration to the requested waiver's effect on public safety. The Commission shall also consider any special factors existing which justify the granting of the waiver. The Commission may grant the waiver as requested or may grant such modified waiver as it deems best, giving consideration to public safety and the special factors which exist.

E.

Water System. Each lot shall be provided with access to the water distribution system in accordance with County Sanitary Engineering. Where, in the opinion of the City of Riverside or County agency having jurisdiction, connection with the existing water system cannot be reasonably provided, then each lot must be served by an individual well or other approved system.

F.

Sanitary Sewer. The subdivision shall be provided with a complete sewerage system which shall connect with the nearest existing sanitary sewerage system in accordance with Montgomery County Sanitary Engineering requirements and standards. Where, in the opinion of the City of Riverside or County agency having jurisdiction, connection with the existing mains cannot be reasonably provided, then proper provision shall be made for the disposal of sanitary wastes by means of septic tanks or other approved methods of disposal.

G.

Public Open Space. Due consideration shall be given to the allocation of suitable areas for schools, parks, and playgrounds to be dedicated for public use or reserved by deed covenants for the use of the property owners.

H.

Improvements.

1.

Variations. It is the intent of this chapter to assure lot improvements which provide for:

a.

Suitable access from an abutting street to a structure and its accessory buildings;

b.

Immediate diversion of water away from buildings and assured disposal of water from the lot;

c.

Adequate usable outdoor area for essential outdoor activities;

d.

An appropriate setting for structures; and

e.

Protection of adjacent properties from altered and/or increased flow of water.

A variation from this chapter may be permitted by the BZA, pursuant to Section 1105.17 of this UDO, when an alternative method of proposed lot improvements is necessary to meet special topography or design conditions on the site and the variation attains the stated objectives contained in this section.

2.

Supervision and Specifications. All improvements required must be constructed under the supervision of, and meet the specifications of this chapter. The agency involved must comply with this chapter and must be approved by the City Engineer and Planning Commission.

3.

Streets; Incorporation of Riverside Standards for Street Construction.

a.

Curbs and gutters shall be required.

b.

Surfacing, paving, grading and backfilling shall meet the requirements of the Riverside Standards for Street Construction, or the most current version and which is hereby incorporated and made a part of these Regulations by reference. Streets, thoroughfares and alleys shall be constructed in accordance with the specifications contained in such Standards and shall be one of the alternative types allowed by such Standards. Any existing improvements in the right-of-way which are damaged by the subdivider's work shall be restored by the subdivider to their former condition.

c.

In any new subdivision abutting along a former Township or County road, the subdivider will be required to reconstruct the road or street to meet standards now in force.

4.

Stormwater Drainage. Stormwater drainage may be discharged into the natural drainage system. In general, the entire sewerage system and the disposal of sanitary and storm sewerage shall be planned and built to meet the approval of the proper authorities.

5.

Monuments. Permanent monuments shall be accurately set and established in accordance with the minimum standards for boundary surveys provided in the Ohio Revised Code and established surveying practices. On the detailed drawings of each section, as presented to Commission, the location of these monuments will be indicated by a suitable symbol and certification by a surveyor licensed in Ohio to the City of Riverside that these monuments have been accurately placed.

6.

Street Trees. Street trees shall be planted as part of the subdivision development subject to the standards located in Section 1113.15 of the UDO.

7.

Traffic Control Devices. All traffic control devices shall be of a type approved by the City Engineer. Before an occupancy permit is issued for any dwelling, street signs, either permanently or for a temporary period of time, shall be required.

8.

Street and Walkway Lighting. The subdivider shall be required to provide street lights installed in accordance with standards and specifications of the City Engineer and the Planning Commission in each residential subdivision. Street lights, where required, at a minimum, shall be located at each street intersected and at each entrance to a residential subdivision.

9.

Fire Protection. Fire hydrants with two, two and one-half inch outlets and one large pumping connection shall be provided by the subdivider in all subdivisions with public water supplies. The hydrants shall be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at mid-block for blocks exceeding 800 feet in length. Hydrants shall also be required at the entrance and end of all culs-de-sac exceeding 400 feet in length. The type of hydrant and control valves and the location of the hydrant shall be approved by the Fire Chief. The minimum size of any water line serving any hydrant shall be six inches in diameter and the same should be circulating water lines. The size and location of water lines shall be approved by the Fire Chief and by the appropriate County Sanitary Engineer for commercial and industrial subdivisions.

I.

Other Development Improvements. Other improvements, such as retaining walls and fences, shall be provided at the purchaser's expense, as needed to handle excessive grade differences, to screen unsightly views, to provide suitable access, personal safety and usable lot areas and to protect the property. They shall be structurally sound and durable and designed to current engineering standards.

J.

Underground Installation of Utilities in New Residential Subdivisions; Exceptions.

1.

Any other provision of these Codified Ordinances or the Building and Housing Code Section of the current version of the Residential Code of Ohio (RCO), relating to subdivisions or construction to the contrary notwithstanding, within the area of any new residential plat and subdivision, all newly installed utility distribution facilities, including, but not limited to, electric, telephone, communication and community television or similar associated facilities, shall be placed and maintained underground within utility easements or public ways. However, this section shall not apply to the following:

a.

Equipment appurtenant to utility distribution facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, switching enclosures and substations.

b.

Poles supporting only street lights and traffic signals; police fire call boxes; and traffic signal cantilever poles.

c.

Electrical or communication overhead lines temporarily connected due to an emergency, but not to exceed a duration of six months.

d.

In cases where unusual topographical conditions, such as soil, open ditches, rock formations or other physical conditions, make underground installation of such utility distribution facilities unreasonable, impractical or uneconomical.

e.

Service to model homes or other buildings under construction, or to other temporary structures, with less than 600 volts to ground service only, but not to exceed 12 months duration. Renewal for an additional period of six months may be granted for good cause.

f.

Poles, above ground wires and associated above ground structures used for the transmission of electrical energy at voltages of 22,000 volts or more.

g.

Additions of, or extensions to, existing above ground utility distribution facilities as approved by Planning Commission.

2.

The owner, subdivider or consumer shall furnish the necessary easements to accommodate all the utility installations required to be placed underground, shall establish the final grade before the utility company is required to install its facilities, and shall provide the trench and backfill the same for the service line extending from the utility distribution facilities to the consumer's structure.

3.

No new residential plat or subdivision shall be approved unless such plat or subdivision complies with this section. However, if above ground utility distribution facilities have already been constructed as of the date of the adoption of this section, based upon a previously approved preliminary plat, then the final plat shall be approved with an exception for such above ground utility distribution facilities.

4.

No utility company shall make or assess against an owner, subdivider or consumer an extra charge or rate for, or resulting from, the installation of the underground utility distribution facilities required by this section.

5.

All utility distribution facilities shall be installed and maintained in accordance with the provisions of the current version of Residential Code of Ohio (RCO), the OBC Commercial Building Code, the order or orders of the Public Utilities Commission of Ohio, the Industrial Commission of Ohio, and good utility practice. Additionally, the following construction standards shall supplement or supersede the standards set forth above and shall be controlling in the event of a conflict therewith:

a.

No blasting shall be permitted for trench excavation in the installation of underground utility distribution facilities, except by permission of the City of Riverside.

b.

Wherever possible, underground electric lines, cable television lines and telephone lines shall be located within the same trench.

c.

Hand holes or service boxes for street light services shall be located within the curb lawns between the street and property line or within easements and public ways.

6.

All utility distribution facilities in new residential plats and subdivisions governed by these Subdivision Regulations shall be placed underground in accordance with the requirements and provisions of this section.

(Ord. 17-O-618, Passed 3-16-17)

A.

Purpose. The purpose of this section is to regulate the arrangement of lots and building heights within a subdivision and to ensure that lot and height dimensions are consistent with the appropriate zoning district standards.

B.

Lots. All lots shall front onto a public or private road, and all lots shall conform to or exceed the requirements of the UDO and the zoning district regulations for the district in which they are located. The following regulations shall govern the design and layout of lots and lot improvements:

1.

Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with all applicable UDO health and building regulations and in providing approved driveway access to buildings on the lots from an approved road.

2.

Lot Dimensions. All lots shall comply with the standards of residential uses and for commercial uses.

3.

Future Subdivision Lots. Where lots are more than double the minimum required area, Planning Commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the UDO.

4.

Side Lot Lines. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule is approved by Planning Commission when such variance will give a better street or lot plan.

5.

Corner Lots. Dimensions of corner lots shall be large enough to allow for the construction of buildings, observing the minimum front yard setback from both streets.

6.

Building Setback. The building setback line shall be established from the edge of the right-of-way or the edge of an access easement. It shall be equal to the building setbacks listed in Chapter 1107 as applicable.

7.

Commercial and Mixed Uses. Depth and width of lots reserved or laid out for commercial and/or mixed use purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated.

8.

Depth to Width Ratio. No lot shall have an average depth, which is more than three and five-tenths times its average width. However, Planning Commission or as appropriate may permit a waiver of this recommended standard, permitting the lot depth to be up to four and five-tenths times the average width.

9.

Double Frontage Lots. In general, double frontage lots and reversed frontage lots should be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography or orientation, as determined by the Planning Commission or the Planning and Program Management Department as appropriate.

10.

As to lots included in any plat approved by the Planning Commission and accepted by Council after January 1, 1995, the required depth of the front yard shall be the distance between the street right-of-way line and the setback line shown on the plat, if less than 40 feet.

11.

Lot Frontage. A lot shall front onto an improved public or private road. Lot frontage is measured at the right-of-way line, unless otherwise specified in this UDO.

12.

Rear and Side Yard Computation. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, in no event shall any building or structure be erected closer than five feet from any lot line, except accessory buildings.

C.

Subdivision of Land within Mixed Use Overlay Districts.

1.

A lot that is zoned Neighborhood Transitional or Heavy Commerce may be subdivided into lots smaller than the minimum lot area requirement contained in this UDO providing that the following conditions are met:

a.

A development plan must have been approved according to the procedure in Section 1105.11 for the entire lot.

b.

Subdivision and/or development of that lot must be in accordance with Section 1105.11 of this UDO.

c.

Refer to Section 1111.07 of this UDO for additional requirements.

(Ord. 17-O-618, Passed 3-16-17)

A.

Findings of Fact. The City of Riverside has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

B.

Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

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 hazard;

6.

Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

7.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

8.

Minimize the impact of development on adjacent properties within and near flood prone areas;

9.

Ensure that the flood storage and conveyance functions of the floodplain are maintained;

10.

Minimize the impact of development on the natural, beneficial values of the floodplain;

11.

Prevent floodplain uses that are either hazardous or environmentally incompatible; and

12.

Meet community participation requirements of the National Flood Insurance Program.

C.

Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:

1.

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;

2.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4.

Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

5.

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

D.

Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Riverside, Ohio as identified in Section 1111.09.E, including any additional areas of special flood hazard annexed by the City of Riverside, Ohio.

E.

Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:

1.

Flood Insurance Study for Montgomery County, Ohio, and Incorporated Areas, dated January 6, 2005.

Flood insurance Rate Map for Montgomery County, Ohio, and Incorporated Areas, dated January 6, 2005.

2.

Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Riverside, Ohio as required by Section 1111.09.Z. Subdivisions and Large Scale Developments.

Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City of Riverside Municipal Offices, 5200 Springfield Street, Suite 100, Riverside, Ohio.

F.

Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

G.

Interpretation. In the interpretation and application of these regulations, all provisions shall be:

1.

Considered as minimum requirements;

2.

Interpreted to achieve goal of flood reduction damage reduction in the City of Riverside; and,

3.

Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

H.

Warning and Disclaimer of Liability. The degree of flood protection required by these regulations 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.

These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Riverside, Ohio, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

I.

Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

J.

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application. As used in this section, the following terms shall have the meaning ascribed to them.

1.

Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

2.

Appeal. A request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.

3.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent chance annual flood or 100-year flood.

4.

Base (100 Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from one to three feet).

5.

Basement. Any area of the building having its floor sub grade (below ground level) on all sides.

6.

Development. Any manmade 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.

7.

Enclosure Below the Lowest Floor. See "Lowest Floor."

8.

Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

9.

Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

10.

Fill. A deposit of earth material placed by artificial means.

11.

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

a.

The overflow of inland or tidal waters, and/or

b.

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

12.

Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

13.

Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

14.

Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

a.

Zone A. Special flood hazard areas inundated by the 100 year flood; base flood elevations are not determined.

b.

Zones A1 30 and Zone AE. Special flood hazard areas inundated by the 100 year flood; base flood elevations are determined.

c.

Zone AO. Special flood hazard areas inundated by the 100 year flood; with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths are determined.

d.

Zone AH. Special flood hazard areas inundated by the 100 year flood; flood depths of one to three feet (usually areas of ponding); base flood elevations are determined.

e.

Zone AH. Special flood hazard areas inundated by the 100 year flood; with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths are determined.

f.

Zone A99. Special flood hazard areas inundated by the 100 year flood to be protected from the 100 year flood by a Federal flood protection system under construction; no base flood elevations are determined.

g.

Zone B and Zone X (shaded). Areas of 500 year flood; areas subject to the 100 year flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

h.

Zone C and Zone X (unshaded). Areas determined to be outside the 500 year floodplain.

15.

Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

16.

Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus one and five-tenths feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.

17.

Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

18.

Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge, openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

19.

Historic structure. Any structure that is:

a.

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

b.

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; or

c.

Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

20.

Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

21.

Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:

a.

Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

b.

Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

c.

Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

22.

Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

23.

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. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Ohio R.C. Ch. 3733.

24.

Manufactured home park. As specified in the Ohio Administrative Code 3701 27 01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

25.

National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.

26.

New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Riverside, Ohio Flood Insurance Rate Map, December 15, 1981, and includes any subsequent improvements to such structures.

27.

Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.

28.

Recreational vehicle. A vehicle which is:

a.

Built on a single chassis,

b.

Four hundred square feet or less when measured at the largest horizontal projection,

c.

Designed to be self-propelled or permanently towable by a light duty truck, and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

29.

Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.

30.

Registered Professional Engineer. A person registered as a professional engineer under Ohio R.C. Ch. 4733.

31.

Registered Professional Surveyor. A person registered as a professional surveyor under Ohio R.C. Ch. 4733.

32.

Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

33.

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 that alteration affects the external dimensions of a building.

34.

Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

35.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

36.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent 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:

a.

Any improvement to a structure which is considered "new construction,"

b.

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 prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

c.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure".

37.

[Reserved.]

38.

[Reserved.]

39.

[Reserved.]

40.

Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.

41.

Violation. The failure of a structure or other development to be fully compliant with these regulations.

K.

Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

L.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

1.

Evaluate applications for permits to develop in special flood hazard areas.

2.

Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

3.

Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

4.

Inspect buildings and lands to determine whether any violations of these regulations have been committed.

5.

Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

6.

Enforce the provisions of these regulations.

7.

Provide information, testimony, or other evidence as needed during variance hearings.

8.

Coordinate map maintenance activities and FEMA follow up.

9.

Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

M.

Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1111.09.E., until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

N.

Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

1.

Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

2.

Elevation of the existing, natural ground where structures are proposed.

3.

Elevation of the lowest floor, including basement, of all proposed structures.

4.

Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

5.

Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

a.

F1oodproofing certification for nonresidential floodproofed structure as required in Section 1111.09.AB.

b.

Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1111.09.AA.5. are designed to automatically equalize hydrostatic flood forces.

c.

Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as is required in Section 1111.09.AF.3.

d.

A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1111.09.AF.2.

e.

A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1111.09.AF.1.

f.

Generation of base flood elevation(s) for subdivisions and large scale developments as required by Section 1111.09.Z.

O.

Review and approval of a Floodplain Development Permit Application Review.

1.

After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1111.09.N has been received by the Floodplain Administrator.

2.

The Floodplain Administrator shall review all floodplain development permit applications 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 U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

P.

Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one year. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

Q.

Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

R.

Post Construction Certifications Required. The following as built certifications are required after a floodplain development permit has been issued:

1.

For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

2.

For all development activities subject to the standards of Section 1111.09.U.1., a Letter of Map Revision.

S.

Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the BZA in accordance with these regulations.

T.

Exemption from filing a Development Permit. An application for a floodplain development permit shall not be required for:

1.

Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five thousand dollars ($5,000.00).

2.

Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Chapter 3701.

3.

Major utility facilities permitted by the Ohio Power Siting Board under Ohio R.C. Ch. 4906.

4.

Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Ohio R.C. Ch. 3734.

5.

Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 Floodplain Management.

6.

Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

U.

Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Riverside, Ohio flood maps, studies and other data identified in Section 1111.09 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

1.

Requirement to Submit New Technical Data.

a.

For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

1)

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

2)

Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

3)

Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

4)

Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1111.09.Z.

b.

It is the responsibility of the applicant to have technical data, required in accordance with Section 1111.09.U.1.a., prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

c.

The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

1)

Proposed floodway encroachments that increase the base flood elevation; and

2)

Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

d.

Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1111.09.U.1.a.1).

2.

Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the City of Manager, and may be submitted at any time.

3.

Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Riverside have been modified by annexation or the community has assumed authority over an area or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Riverside Flood Insurance Rate Map accurately represent the City of Riverside boundaries, include within such notification a copy of a map of the City of Riverside suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Riverside has assumed or relinquished floodplain management regulatory authority.

V.

Data use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

1.

In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

2.

Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

3.

When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

a.

Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

b.

Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

4.

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1111.09.AG. et seq., Appeals and Variances.

5.

Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

W.

Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

1.

Determine whether damaged structures are located in special flood hazard areas;

2.

Conduct substantial damage determinations for damaged structures located in special flood hazard areas, and

3.

Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

X.

Use Regulations. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in this chapter:

1.

Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Riverside Ohio are allowed provided they meet the provisions of these regulations.

2.

Prohibited Uses.

a.

Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Ohio R.C. Ch. 3701.

b.

Infectious waste treatment facilities in all special flood hazard areas, permitted under Ohio R.C. Ch. 3734.

Y.

Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

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.

On site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

Z.

Subdivisions and Large Developments.

1.

All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

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.

In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less.

5.

The applicant shall meet the requirement to submit technical data to FEMA in Section 1111.09.U.1.a.4) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1111.09.Z.4.

AA.

Residential Structures.

1.

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. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.

2.

New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

3.

New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.

New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

5.

New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

a.

Be used only for the parking of vehicles, building access, or storage; and

b.

Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

c.

Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

6.

Manufactured homes shall be affixed to a permanent foundation and 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 limited to, use of over the top or frame ties to ground anchors.

7.

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 is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1111.09.AA.

8.

In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

AB.

Nonresidential Structures.

1.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1111.09.AA.1., 3., 6., and 7.

2.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

a.

Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and,

c.

Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1111.09.AB.2.a. and 1111.09.AB.2.b.

3.

In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

AC.

Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

1.

They shall not be used for human habitation;

2.

They shall be constructed of flood resistant materials;

3.

They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;

4.

They shall be firmly anchored to prevent flotation;

5.

Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

6.

They shall meet the opening requirements of Section 1111.09.AA.5.c.

AD.

Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:

1.

They shall not be located on sites in special flood hazard areas for more than 180 days, or

2.

They must be fully licensed and ready for highway use, or

3.

They must meet all standards of Section 1111.09.AA.

AE.

Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

AF.

Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

1.

Development in Floodways.

a.

In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

b.

Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1)

Meet the requirements to submit technical data in Section 1111.09.U.1.

2)

An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

3)

Certification that no structures are located in areas which would be impacted by the increased base flood elevation;

4)

Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property, and

5)

Concurrence of the City Manager of the City of Riverside Ohio and the Chief Executive Officer of any other communities impacted by the proposed actions.

2.

Development in Riverine Areas with Base Flood Elevations but No Floodways.

a.

In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

b.

Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1)

An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

2)

Section 1111.09.AF.1.b., items 1), 3), and 5).

3.

Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM 245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

a.

The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

b.

Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

c.

The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the City of Riverside, Ohio specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

d.

The applicant shall meet the requirements to submit technical data in Section 1111.09.U.1.a.3) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

AG.

Appeals Board Established. The Board of Zoning Appeals as established by the City of Riverside shall hear and decide appeals and requests for variances from the requirements of this chapter as herein set forth.

AH.

Powers and Duties.

1.

The Board of Zoning Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

2.

Authorize variances in accordance with Section 1111.09.AJ of these regulations.

AI.

Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Board of Zoning Appeals provided that such person shall file, within 15 days of the date of such notice and order, or other official action a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Board of Zoning Appeals. Upon receipt of the notice of appeal, the Board of Zoning Appeals shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

AJ.

Variances. Any person believing that the use and development standards of these regulations would result in practical difficulty may file an application for a variance. The Board of Zoning Appeals shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

1.

Application for a Variance.

a.

Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Board of Zoning Appeals.

b.

Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

2.

Notice for Public Hearing: The Board of Zoning Appeals shall schedule and hold a public hearing within 30 days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing.

3.

Public Hearing: At such hearing the applicant shall present such statements and evidence as the Board of Zoning Appeals requires:

a.

In considering such variance applications, the Board of Zoning Appeals shall consider and make findings of fact on all evaluations, all relevant factors, and standards specified in other sections of these regulations and the following factors:

1)

The danger that materials may be swept onto other lands to the injury of others.

2)

The danger to life and property due to flooding or erosion damage.

3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4)

The importance of the services provided by the proposed facility to the community.

5)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

6)

The necessity to the facility of a waterfront location, where applicable.

7)

The compatibility of the proposed use with existing and anticipated development.

8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

9)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

10)

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 the site.

11)

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.

b.

Variances shall only be issued upon:

1)

A showing of good and sufficient cause.

2)

A determination that failure to grant the variance would result in practical difficulty due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute a practical difficulty to the applicant.

3)

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

4)

A determination that the structure or other development is protected by methods to minimize flood damages.

5)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Upon consideration of the above factors and the purposes of these regulations, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.

4.

Other Conditions for Variances.

a.

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

b.

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 items in Section 1111.09.AJ.3.a.1) to 11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

c.

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 the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

AK.

Procedure at Hearings.

1.

All testimony shall be given under oath.

2.

A complete record of the proceedings shall be kept, except confidential deliberations of the Board of Zoning Appeals, but including all documents presented and a verbatim record of the testimony of all witnesses.

3.

The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

4.

The administrator may present evidence or testimony in opposition to the appeal or variance.

5.

All witnesses shall be subject to cross examination by the adverse party or their counsel.

6.

Evidence that is not admitted may be proffered and shall become part of the record for appeal.

7.

The Board of Zoning Appeals shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

8.

The Board of Zoning Appeals shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

AL.

Appeal to the Court Those aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Montgomery County Court of Common Pleas, as provided in Ohio R.C. Ch. 2506.

AM.

Compliance Required.

1.

No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1111.09.T.

2.

Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1111.09.AO.

3.

Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1111.09.AO.

AN.

Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

1.

Be put in writing;

2.

Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;

3.

Specify a reasonable time for performance;

4.

Advise the owner, operator, or occupant of the right to appeal;

5.

Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

AO.

Violations and Penalties. Violation of any of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first degree misdemeanor. Any person who violates any of these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Riverside. Each day each violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Riverside from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Riverside shall prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 17-O-618, Passed 3-16-17)

A.

Purpose. The purpose of these regulations is to control the pollution of public waters by sediment from accelerated soil erosion and accelerated stormwater runoff caused by earth disturbing activities and land use changes connected with developing urban areas. Control of such pollution will promote and maintain the health, safety and general wellbeing of all life and inhabitants within the City of Riverside.

B.

Scope.

1.

These regulations shall apply to earth disturbing activities on areas designated below which are within the City of Riverside unless otherwise excluded within these Regulations or unless expressly excluded by State law:

a.

Land used or being developed for commercial, industrial, residential, recreational, public service or other non-farm purposes.

2.

These regulations shall not apply to:

a.

Strip mining operations regulated by Ohio R.C. Ch. 1513; or

b.

Surface mining operations regulated by Ohio R.C. 1514.01.

C.

Disclaimer of Liability. Neither submission of a plan under provisions of this chapter nor compliance with provisions of these regulations shall relieve any person from responsibility for damage to any person or property otherwise imposed by law, nor impose any liability upon the Municipality or its appointed representative for damage to any person or property.

D.

Severability. If any clause, section, or provision of these Subdivision Regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.

E.

Requirements. No person shall cause or allow earth disturbing activities on a development area except in compliance with the standards and criteria set out in Section 1111.11.G and the applicable item in subsection E.1. or 2. hereof.

1.

When a proposed development area consists of five or more acres and earth disturbing activities are proposed for the whole area or any part thereof, the responsible person shall develop and submit for approval a sediment control plan prior to any earth disturbing activity. Such a plan shall contain sediment pollution control practices so that compliance with other provisions of these regulations will be achieved during and after development. Such a plan shall include specific requirements established by these regulations.

2.

When a proposed development area involves less than five acres, it is not necessary to submit a sediment control plan; however, the responsible person shall comply with the other provisions of this regulation. All earth disturbing activities shall be subject to surveillance and site investigation to determine compliance with these standards and regulations.

All plans, except those prepared by a public entity or agency, shall be accompanied by a filing fee to help defray costs of administration.

F.

Exceptions. No sediment control plan shall be required for public road, highway, other transportation, or drainage improvement, or maintenance thereof, undertaken by a government agency or entity if such agency or entity plans to follow a statement of sediment control policy which has been submitted by the sponsoring agency or entity and approved by the approving agency.

G.

Standards and Criteria.

1.

In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established by one or more of the following standards:

a.

Timing of sediment trapping practices.

1)

Sediment control practices shall be functional throughout earth disturbing activity.

2)

Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented as the first step of grading and within seven days from the start of earth disturbing activities. They shall continue to function until the upslope development area is restabilized.

b.

Stabilization of denuded areas. Denuded areas shall have soil stabilization applied within seven days if they are to remain dormant for more than 45 days. Permanent or temporary soil stabilization shall be applied to denuded areas within 7 days after final grade is reached on any portion of the site, and shall also be applied within 7 days to denuded areas which may not be at final grade, but will remain dormant (undisturbed) for longer than 45 days.

c.

Settling facilities.

1)

Concentrated stormwater runoff from denuded areas shall pass through a sediment settling facility.

2)

The facility's storage capacity shall be 67 cubic yards per acre of drainage area.

d.

Sediment barriers.

1)

Sheet flow runoff from denuded areas shall be filtered or diverted to a settling facility.

2)

Sediment barriers such as sediment fence or diversions to settling facilities shall protect adjacent properties and water resources from sediment transported by sheet flow.

e.

Storm sewer inlet protection. All storm sewer inlets which accept water runoff from the development area shall be protected so that sediment laden water from soils that are not permanently stabilized will not enter the storm sewer system without first being filtered or otherwise treated to remove sediment, unless the storm sewer system drains to a settling facility.

f.

Working in or crossing streams.

1)

Streams including bed and banks shall be restabilized immediately after in channel work is completed, interrupted, or stopped. To the extent practicable, construction vehicles shall be kept out of streams. Where in channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion.

2)

If a live (wet) stream shall be crossed by construction vehicles regularly during construction, a temporary stream crossing shall be provided.

g.

Construction access routes. Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls, or onto public roads.

h.

Sloughing and dumping.

1)

No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing is authorized by the approving agency, and, when applicable, the U.S. Army Corps of Engineers, for such purposes as, but not limited to, constructing bridges, culverts, and erosion control structures.

2)

Unstable soils prone to slipping or landsliding shall not be graded, excavated, filled nor have loads imposed upon them unless the work is done in accordance with a qualified professional engineer's recommendations to correct, eliminate, or adequately address the problems.

i.

Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner which will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, upslope drainage area, groundwater conditions, and slope stabilization.

j.

Stabilization of outfalls and channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post development, ten year frequency storm or critical year storm whichever is greater without eroding.

k.

Establishment of permanent vegetation.

1)

A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized.

2)

Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the approving agency, provides adequate cover and is mature enough to control soil erosion satisfactorily and to survive adverse weather conditions.

l.

Disposition of temporary practices. All temporary erosion and sediment control practices shall be disposed of within 30 days after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise authorized by the approving agency. Trapped sediment shall be permanently stabilized to prevent further erosion.

m.

Maintenance. All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. The person or entity responsible for the continued maintenance of permanent erosion controls shall be identified to the satisfaction of the approving agency.

2.

The standards are general guidelines and shall not limit the right of the approving agency to impose additional, more stringent requirements, nor shall the standards limit the right of the approving agency to waive individual requirements.

3.

Erosion and sediment control practices used to satisfy the standards shall meet the specifications in the current edition of water management and sediment control for urbanizing areas (Soil Conservation Service, Ohio).

H.

Stream Channel and Floodplain Erosion. To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control floodplain erosion caused by accelerated stormwater runoff from development areas, the increased peak rates and volumes of runoff shall be controlled such that:

1.

The peak rate of runoff from the critical storm and all more frequent storms occurring on the development area does not exceed the peak rate of runoff from a one year frequency, 24-hour storm occurring on the same area under pre-development conditions.

2.

Storms of less frequent occurrence (longer return periods) than the critical storm up to the 100 year storm have peak runoff rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. Consideration of the one, two, five, ten, 25, 50, and 100 year storms will be considered adequate in designing and developing to meet this standard.

3.

The critical storm for a specific development area is determined as follows:

4.

The method for determining the peak runoff shall be in accordance with the U.S. Soil Conservation Service's Urban Hydrology for Small Watersheds Technical Release Number 55.

5.

Methods for controlling increases in stormwater runoff peaks and volumes may include but are not limited to:

a.

Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical (low density development areas, access roads, etc.); discharging roof water to vegetated areas; or grass and rock lined drainage channels;

b.

Grading and construction of terraces and diversions to slow runoff of use of grade control structures to provide a level of control in flow paths and stream gradients;

c.

Induced infiltration of increased stormwater runoff into the soil where practical; for example, constructing special infiltration areas where soils are suitable; retaining topsoil for all areas to be revegetated; or providing good infiltration areas with proper emergency overflow facilities; and,

d.

Provisions for detention and retention; for example, permanent ponds and lakes with stormwater basins provided with proper drainage, multiple use areas for stormwater detention and recreation, wildlife, transportation, fire protection, aesthetics, or subsurface storage areas.

I.

Sediment Control Plan Content. In compliance with Section 1111.11.E.1.a sediment control plan for a proposed development area, with maps drawn to a scale of no less than 100 feet to an inch, shall be submitted containing the following information.

1.

Location of the area and its relation to its general surroundings including but not limited to:

a.

Off site areas susceptible to sediment deposits or to erosion caused by accelerated runoff; and

b.

Off site areas affecting potential accelerated runoff and erosion control.

2.

Existing topography of the development area and adjacent land within 100 feet of the boundaries. A topographic map should contain an appropriate contour interval to clearly portray the conformation and drainage pattern of the area.

3.

The location of existing buildings, structures, utilities, water bodies, drainage facilities, vegetative cover, paved areas (streets, roads, driveways, sidewalks, etc.) and other significant natural or manmade features on the development area and adjacent land within 100 feet of the boundaries.

4.

A general description of the predominant soil types, their location and their limitations for the proposed use.

5.

Proposed use of the development area including present development and ultimate utilization with detail on soil cover, both vegetative and impervious.

6.

All proposed earth disturbance including:

a.

Areas of excavation, grading, and filling;

b.

The finished grade, stated in feet horizontal to feet vertical, of cut and fill slopes greater than six horizontal to one vertical (6:1);

c.

Kinds of utilities and proposed areas of installation;

d.

Proposed paved and covered areas in approximate square feet or to scale on a plan map;

e.

Makeup of proposed surface soil (upper six inches) on areas not covered by buildings, structures, or pavement. Description shall be in such terms as: original surface soil, subsoil, sandy, heavy clay, stony, etc.; and

f.

Proposed kind of cover on areas not covered by buildings, structures, or pavement. Description shall be in such terms as: lawn, turfgrass, shrubbery, trees, forest cover, rip rap, mulch, etc.

7.

Provisions for temporary and permanent erosion control.

8.

Provisions for the management of stormwater, derived both on site and from upper watershed areas, including the control of accelerated on site runoff, to a stable receiving outlet.

9.

Provisions for maintenance of control facilities including easements to ensure short as well as long term erosion and sediment pollution control and stormwater management.

10.

Proposed construction sequence and time schedule for all earth disturbing activities and installation of provisions for erosion and stormwater management.

11.

Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow must be given for all surface water conveyance. This information shall also be provided for surface water outlets.

12.

Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

13.

Estimate of cost of erosion and sediment control and water management structures and features.

14.

Title, scale, direction, legend, and date of all plan maps.

15.

Names and address of the person(s) preparing the plan, the owner, and the person responsible for the development area.

16.

Certification that all earth disturbance, construction, and development will be done pursuant to the plan. The approving agency may waive specific requirements for plan detail or may require additional information to show that work will conform to basic requirements of these regulations.

J.

Plan Review. The approving agency shall indicate its approval or disapproval (status of compliance or noncompliance) of a sediment control plan, to the person who filed the plan. Indication of disapproval (noncompliance) shall include the plan deficiencies and the procedures for filing a revised plan. Pending preparation and approval (determination of a status of compliance) of a revised plan, earth disturbing activities shall proceed only in accordance with conditions outlined by the approving agency.

K.

Inspection to Ensure Compliance. The City of Riverside or its approved representative may inspect development areas to determine compliance with these regulations. If it is determined that a violation of these regulations exists, the responsible person will be notified of the deficiencies or noncompliance. After a reasonable time for voluntary compliance, the inspector or inspecting agency shall report the deficiency or noncompliance to the Municipality. The Municipality, upon determination that a person is not complying with these regulations, may issue by certified mail an order to comply. The order shall describe the problem and the work needed, and specify a date whereby the work shall be completed.

L.

Maintenance. The property owner shall assume responsibility for maintenance of structures and other facilities designed to control erosion.

M.

Drainage Field Ditches. Drainage field ditches are shallow graded ditches with flat side slopes which do not interfere with tillage operations. Generally, the side slopes range from eight horizontal to one vertical (8:1) to 15 horizontal to one vertical (15:1). The purpose of drainage field ditches is to collect water from depressional or nearly flat areas within a field and remove it to a stable outlet.

Generally, erosive velocities will not be a problem because of the low gradient of fields in which drainage field ditches are used and because of the shallow side slopes. Maximum velocities shall be limited to two and one-half feet per second unless on site studies show that higher velocities will not result in erosive conditions.

1.

Do not use slopes steeper than ten percent except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.

2.

Use velocities exceeding five feet per second only where good cover and proper maintenance can be obtained.

3.

Do not use on slopes steeper than five percent except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.

N.

Maximum Velocities for Vegetated Stream Channels.

1.

Drainage Areas Less Than One Square Mile. The maximum permissible design velocity shall be based on site conditions and shall be such as to result in stability of the ditch bottoms and side slopes. Maximum permissible velocities will be computed using bank full stage of ten year frequency stage, whichever is lower. The following table will be used as maximum velocity for all drainage main or lateral designs. Vegetation will be established immediately after construction.

2.

Drainage Areas Greater Than One Square Mile. Channel velocities for newly constructed channels with drainage areas in excess of one square mile shall meet special stability requirements contained in U.S. Soil Conservation Service Technical Guide (Technical Release 25, Planning and Design of Open Channels).

a.

Channels that cannot be designed to meet the maximum velocity limitation must be stabilized with materials other than vegetation. Such materials include crushed rock, concrete, gabions, etc.

(Ord. 17-O-618, Passed 3-16-17)