EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Planning Department)
A BILL ENTITLED
AN ORDINANCE concerning
title
Floodplain Management - Development Regulations
FOR the purpose of authorizing a limited exception to the proscription against private development in certain areas; conforming, correcting, and clarifying related provisions; and generally relating to floodplain management.
body
BY repealing and reordaining, with amendments
Article 7 - Natural Resources
Section(s) 3-21 through 3-30
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 7. Natural Resources
Division I. Floodplain Management
Subtitle 3. Development Regulations
Part 3. Floodway Regulations
§ 3-21. In general.
In the Floodway (F1), the following regulations [shall] apply.
§ 3-22. Private development [prohibited] RESTRICTED.
(A) IN GENERAL.
[Private] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, PRIVATE development, including residential, commercial, and industrial development, [shall be] IS prohibited.
(B) EXCEPTION.
THIS SECTION DOES NOT APPLY TO PRIVATE DEVELOPMENT THAT:
(1) OTHERWISE MEETS ALL OF THE REQUIREMENTS OF THIS SUBTITLE; AND
(2) IS LOCATED IN THE CARROLL CAMDEN URBAN RENEWAL PROJECT AREA, BEING THE RENEWAL AREA ESTABLISHED BY AND DESCRIBED IN ORDINANCE 02-296 AND AS MODIFIED BY ORDINANCE 07-548.
§ 3-23. [Public development requires offset] OFFSET REQUIREMENTS.
[Public] NO development [shall not be] IS permitted [except where] UNLESS:
(1) the effect of [such] THAT development on flood heights is fully offset by accompanying [stream modification] FLOODWAY MODIFICATIONS; and
(2) the development is approved by all appropriate local authorities, the Maryland Water [Resources] MANAGEMENT Administration, and the U. S. Army Corps of Engineers.
§ 3-24. Engineering report.
(a) Report required.
All proposals to offset the effect of development [in the floodway] by construction of [stream] FLOODWAY modifications [shall] MUST be documented by an engineering report THAT:
(1) IS prepared by a registered professional engineer;
(2) [which] fully evaluates the effects of [such] THAT construction; and
(3) [which shall be] IS submitted with the application for a building permit.
(b) Basis.
The report [shall] MUST use the 100 year flood and floodway data [as] prepared by the Federal Emergency Management Agency [and adopted herein] as the basis of analysis.
§ 3-25. Compliance with Districtwide regulations.
[Any] ALL development [shall meet] MUST COMPLY the requirements of Part 2 of this subtitle
§ 3-26. Map revision.
(a) When required.
(1) Any development [in the floodway which may] THAT MIGHT result in [any] AN increase in water surface elevations or IN A change to the floodway must be submitted to the Federal Emergency Management Agency for a conditional letter of map revision.
(2) Failure to [receive] OBTAIN this letter [shall be] IS grounds for denial of the permit.
(b) Required submissions.
[Hydrologic] THE APPLICANT MUST SUBMIT HYDROLOGIC and hydraulic analyses THAT ARE:
(1) based on existing floodway models; [and]
(2) performed in accordance with standard engineering practices; and
(3) certified by a registered professional engineer [must be submitted].
§ 3-27. Alternative analysis.
(a) Required for permit.
[An] BEFORE A PERMIT MAY BE ISSUED FOR ANY DEVELOPMENT IN THE FLOODWAY, THE APPLICANT MUST SUBMIT AN alternative analysis [must be prepared for any development in the floodway before a permit may be issued] TO THE DEPARTMENT OF PLANNING.
(b) Scope of analysis.
[Before a permit may be issued, the appropriate agency shall submit an] THE alternative analysis [to the Department of Planning which demonstrates] MUST DEMONSTRATE that:
(1) no reasonable alternative exists outside the floodway;
(2) encroachment in the floodway is the minimum necessary;
(3) the development will withstand the 100 year flood without significant damage; and
(4) the development will not increase downstream or upstream flooding or erosion[, or] NOR significantly contribute to debris.
§ 3-28. Changes to existing structures.
(a) Substantial improvements.
(1) Existing structures in the floodway [shall] MAY be substantially improved only:
(i) by variance; and
(ii) if they can be brought into conformance with this Division I without increasing the footprint of the existing structure.
(2) Substantial improvement of a non conforming structure [and/or] OR development, regardless of location, [shall] MAY be undertaken only in compliance with [the provisions of] this Division I and any other applicable law.
(b) Substantial damage or replacement.
(1) In the event of substantial damage or replacement, the [appropriate agency] OWNER OR DEVELOPER [shall] MUST submit an alternative analysis to determine if the structure can be relocated to a less hazardous site.
(2) [Where] IF replacement structures cannot be relocated, they [shall] MUST be limited to the footprint of the previous structure.
(c) Minor additions.
(1) Minor additions (less than substantial) must be elevated to the flood protection elevation on pilings or columns.
(2) Permits for incremental improvements and additions [shall] MUST be tracked by the local permitting official[,]. [and if] IF cumulative improvements constitute substantial improvement, no further permits may be issued unless the structure conforms to [the provisions of] this Division I.
(d) Elevation or floodproofing.
The modification, alteration, repair, reconstruction, or improvement of any non-conforming structure [and/or] OR development amounting to less than 50% of its fair market value [shall] MUST be elevated [and/or] OR floodproofed to the greatest extent possible.
(e) Nuisance to be eliminated.
Uses or THEIR adjuncts [thereof which] THAT are[,] or become[,] nuisances [shall not be] ARE NOT permitted to continue.
§ 3-29. Prohibited structures.
(a) Manufactured homes or buildings.
The placement of any manufactured homes or buildings [shall be] IS prohibited.
(b) Fences, enclosures, etc.
The following [shall] MAY not be placed or caused to be placed in the floodway:
(1) fences, except 2-rail fences; and
(2) any enclosures or materials (including fill):
(I) [WHICH may] THAT MIGHT impede, retard, or change the direction of the flow of water[,]; [or]
(II) that will catch or collect debris carried by [such] water[,]; or
(III) that is placed where the natural flow of stream or flood waters would carry [the same] IT downstream, to the damage or detriment of public or private property in or adjacent to the floodplain.
§ 3-30. Use of data.
[The] IN ENFORCING THIS DIVISION I, THE Department of Planning [shall] MAY obtain, review, and reasonably [utilize] APPLY any 100 year flood elevation and floodway data available from a federal, state, or other source, such as the U. S. Army Corps of Engineers, the Soil Conservation Service, the Maryland Water [Resources] MANAGEMENT Administration, or any regional planning organization[, in the enforcement of this Division I].
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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