(a) Purpose for Adoption and Authorization. ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt police power regulations for promoting the health, safety, and general welfare of its citizens. The City Commission of The City of Springfield, Ohio, has adopted these Floodplain regulations to preserve and protect the public health, safety general welfare and to comply with Federal regulations at 44 CFR §§ 59.22 and 60.3 and requirements of the Ohio Department of Natural Resources imposed under ORC Chapter 1521, compliance with which is necessary to secure to the citizens of Springfield, Ohio the benefits of having available flood insurance through the Federal Emergency Management Agency’s National Flood Insurance Program.
(b) Findings of Fact. The City of Springfield 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 Floodplain Regulations are adopted.
(c) Statement of Purpose. It is the purpose of these Floodplain 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.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these Floodplain 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.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Springfield as identified in the maps adopted in Subsection 971.01(f) including any additional areas of special flood hazard annexed by Springfield.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these Floodplain Regulations, the following studies and / or maps are adopted:
(1) Flood Insurance Study Clark County, Ohio and Incorporated Areas and Flood Insurance Rate Map Clark County, Ohio and Incorporated Areas both effective February 17, 2010.
(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 Springfield, as required by Subsection 971.04(c) Subdivisions and Large Scale Developments.
(Ord. 19-289. Passed 12-10-19.)
(3) 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 Community Development Department, City Hall, 2nd Floor, 76 East High Street, Springfield, Ohio
(g) 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 Floodplain Regulations and any other ordinance, the more restrictive regulation shall govern.
(h) Interpretation. In the interpretation and application of these Floodplain Regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed to accomplish the purposes of these Floodplain Regulations; and,
(3) Deemed neither to limit nor repeal any other powers granted under the Ohio Constitution, the Springfield City Charter or under state statutes. Where a provision of these Floodplain Regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these Floodplain Regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these Floodplain 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 Springfield, any City Commissioner, officer, member of a City board or employee of the City of Springfield, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these Floodplain Regulations or any administrative decision made thereunder. The City of Springfield retains unto itself, its City Commissioners, officers, City board members and employees all immunities provided under ORC Chapter 2744.
(j) Severability. Should any section or provision of these Floodplain 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.