Draft of the City of Columbus

May 30, 2001 Discussion Draft of the City of Columbus' Watercourse Protection Overlay

HELLBRANCH RUN WATERSHED PROTECTION OVERLAY ORDINANCE

WHEREAS, the Big Darby Creek is both a national and state scenic river and is among the top five warm freshwater habitats in the nation; and

WHEREAS, The Nature Conservancy has designated the Big Darby Creek as one of the dozen Last Great Places in the Western Hemisphere; and

WHEREAS, Columbus City Council, in adopting the West Columbus Interim Development Concept 1991, recognized that accelerated erosion, sedimentation, and stormwater runoff have the potential of creating serious water pollution problems as the watershed becomes developed with impermeable surfaces; and

WHEREAS, Columbus City Council, in adopting the Columbus Comprehensive Plan establishing the Environmental Conservation District in 1993, stated that it was of the utmost importance that the Darby Watershed be protected from further degradation; and

WHEREAS, Columbus City Council, in adopting the Westland Plan in 1994, stated its desire to protect natural resources such as streams, ravines, wetlands, and woodlands through a variety of methods including special site review, zoning overlays, and conservation easements; and

WHEREAS, the City of Columbus, in cooperation with the Nature Conservancy, Ohio Department of Natural Resources, and Metroparks, provided key financial and staff support to the on-going Darby Creek Watershed Stormwater Management Strategies and Standards study, a project administered by the Central Ohio Regional Forum and Mid Ohio Regional Planning Commission; and

WHEREAS, the City of Columbus has proposed in the Columbus Metropolitan Facilities Plan Update (November 3, 2000) that no sanitary sewer services be extended into an Environmentally Sensitive Development Area, which includes the vast majority of the Big Darby Watershed within Franklin County, until a multi-jurisdictional and multi-stakeholder planning process yields its recommendations and environmentally protective conditions are in place; and

WHEREAS, a portion of the Hellbranch Watershed, a tributary to the Big Darby Creek, was not included within the proposed Environmentally Sensitive Development Area because of active development occurring within that territory; and

WHEREAS, the City of Columbus is committed to ensuring that any development within the Big Darby Watershed, including the portion of the Hellbranch Watershed which lies outside of the proposed Environmentally Sensitive Development Area, consider and minimize environmental impacts, including flooding and water quality degradation; and

WHEREAS, it is the purpose and intent of the standards adopted herein to guide and inform annexation and land use decisions by the City of Columbus including rezoning, subdivision, floodplain alteration, and zoning clearance; and

WHEREAS, the standards adopted herein are in addition to any standards developed to protect the proposed Environmentally Sensitive Development Area; and

WHEREAS, a planning overlay adopted pursuant to Chapter 3372 of the Columbus City Codes provides a formalized method for implementing acceptable community plans through specialized standards intended to achieve physical development objectives in certain areas of the city when such objectives transcend single parcel ownership and land use district boundaries and represent a need to establish, maintain, or change the character of development in a planning area; and

WHEREAS, this ordinance is necessary to protect the public health, safety, and welfare; and

WHEREAS, numerous informational meetings were held and stakeholders consulted in developing the Hellbranch Run Watershed Protection Overlay; and

WHEREAS, implementation of this overlay is consistent with the stated policies of both Columbus City Council and the Mayor; and

Whereas, after notice to all current City of Columbus property owners within the Hellbranch Run Watershed, a public hearing was held on ____ __, 2001 at which the Development Commission recommended adoption of the Hellbranch Run Watershed Protection Overlay by City Council; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of Sections 3372.701-3372.710, reading as follows:

HELLBRANCH RUN WATERSHED PROTECTION OVERLAY

3372.701 Findings and Purpose.

The Big Darby Creek is both a national and state scenic river and is among the top five warm freshwater habitats in the nation. The Big Darby is the home to endangered and rare species of fish and other organisms. The Hellbranch Run is tributary to the Big Darby, and the water quality of the Hellbranch Run has a direct impact on the Big Darby. Unrestrained development would threaten this natural resource by encouraging flooding, and by degrading the water quality of the Hellbranch and the Big Darby. Natural resource protection is inherently linked to the quality of life and the character of our community. The purpose of the Hellbranch Run Watershed Protection Overlay is to safeguard the public health, safety and welfare through the use of reasonable and practicable development standards in the portion of the Hellbranch Run Watershed which lies outside of the proposed Environmentally Sensitive Development Area to minimize development impacts to the Hellbranch Run and the Big Darby Creek.

A. It is hereby determined that the system of streams and other natural watercourses within the Hellbranch Run Watershed contributes to the health, safety, and general welfare of the residents of the community. The specific purpose and intent of these regulations is to regulate uses and developments within the watershed that would impair the ability of riparian areas to:

1. Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.

2. Reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.

3. Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

4. Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.

5. Provide shade and food to high quality watercourse habitats.

6. Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.

7. Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

8. Benefit the City economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.

B. The City’s objective in adopting this Overlay is to implement a three-tiered approach to its development decisions in the portion of the Hellbranch Run Watershed which lies outside of the proposed Environmentally Sensitive Development Area:

1. First, the City will approve only those developments that recognize and preserve existing natural features, including but not limited to watercourses, flood plain, and riparian buffers.

2. Second, the City will approve only those developments that minimize the generation of stormwater through the implementation of conservation development site design criteria.

3. Third, the City will approve only those developments that manage stormwater through best management practices.

3372.702 Definitions.

For the purposes of the Hellbranch Run Watershed Protection Overlay only, the following phrases, terms, words, and their derivations have the meaning given herein.

Letter A.

“Association” means a legal entity operating under recorded land agreements or contracts through which each unit owner in the development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization’s activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners’ association, community association, condominium association or other similar entity.

Letter B.

"Best management practices" or BMPs mean management practices or structural practices designed to reduce the quantities of pollutants, such as sediment, nitrogen, phosphorus, and animal wastes washed by rain or snow melt into nearby receiving waters.

Letter D.

"Development" means any human-made change to improved or unimproved real estate, including but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavating or drilling operations or storage of equipment or materials. Development does not include human-made changes undertaken for purposes of farming.

"Director" means the director of the Department of Trade and Development or the director’s designee.

Letter E.

“Environmentally Sensitive Development Area” or proposed Environmentally Sensitive Development Area (ESDA) means the territory identified as such by the Columbus Metropolitan Facilities Plan Update (November 3, 2000) as filed with the Ohio Environmental Protection Agency.

Letter F.

"Floodplain" or "100-year flood plain" means a river or other watercourse and its adjacent area subject to inundation by the "base flood." The "floodplain" or "100-year flood plain" is also known as "Special Flood Hazard Area" and is composed of the "floodway" and "floodway fringe." Special Flood Hazard Areas are designated by the Federal Emergency Management Agency as Zone A, AE, AH, AO, A1-30 or A99.

"Floodway" means that portion of the "Special Flood Hazard Area," excluding the "floodway fringe," which is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the "base flood" without cumulatively increasing the water surface elevation by more than one-half (1/2) foot.

"Floodway fringe" means that portion of the "Special Flood Hazard Area," excluding the "floodway," which is subject to inundation by the "base flood."

Letter I.

“Impervious cover” means any surface resulting from development that cannot effectively absorb or infiltrate rainfall and includes “impervious area” as defined by C.C.C. § 1149.02.006.

Letter O.

“Open Space” means an area that is intended to provide light and air. Open space may include, but is not limited to, publicly or privately owned meadows, wooded areas, watercourses, wetlands, and flood plains. Open space does not include:

a) Private roads and public road rights-of-way;

b) Parking areas, accessways, and driveways;

c) Required setbacks between buildings, parking areas, and project boundaries;

d) Required setbacks between buildings and streets;

e) Minimum spacing between buildings, and between buildings and parking areas;

f) Private yards;

g) Other small fragmented or isolated open areas that have a dimension less than 50 feet in any direction.

"Ordinary high water mark" means that line on the stream bank, established by the fluctuations of water, and indicated by physical characteristics such as a clear natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

Letter S.

"Stream bank buffer" means the area located on each side of a watercourse containing either: (1) the entire 100-year floodplain; or (2) the riparian buffer, whichever is greater. The riparian buffer is determined as follows:

(a) For Hellbranch Run, the Clover Groff Ditch, and the Hamilton Ditch, the riparian buffer is 120 feet upland from the ordinary high water mark; or

(b) For any tributary, named or unnamed, to the Hellbranch Run, the Clover Groff Ditch, or the Hamilton Ditch exhibiting a discernable high water mark, the riparian buffer is 75 feet upland from the ordinary high water mark.

Letter U.

"Upland" means land generally at a higher elevation than and extending inland from the ordinary high water mark.

Letter W.

"Watercourse" means any ephemeral, intermittent, perennial, natural or manmade creek, ditch (excepting any ditch located adjacent to a roadway), river, stream, or swale with a defined bed, bank or channel and includes any adjacent area subject to inundation due to overflow.

3372.703 Overlay boundaries.

The Hellbranch Run Watershed Protection Overlay District is comprised of all parcels within the geographic area that is naturally tributary to the Hellbranch Run which lie outside of the proposed Environmentally Sensitive Development Area, including areas tributary to the Hamilton Ditch and Clover Groff Ditch as identified in Appendix A.

3372.704 Application.

Any City action affecting development of a parcel of land within the Hellbranch Run Watershed Protection Overlay District, including but not limited to rezoning, subdivision approval, floodplain alteration approval, stormwater plan review, and zoning clearance is subject to the requirements of the Hellbranch Run Watershed Protection Overlay. However, development of a lot in a platted subdivision properly recorded on or before September 1, 2001 shall not be subject to the requirements of this Overlay. In the event of conflict with other provisions of the City Codes, the more environmentally protective standard shall apply.

3372.705 Standards for Preserving Existing Natural Features

Development of a lot or parcel within the Hellbranch Run Watershed Overlay is subject to the following standards intended to preserve existing natural features of the property that promote flood control and protect water quality.

A. Watercourse Preservation. All watercourses shall remain open and shall not be enclosed within a storm sewer or other engineered structure.

B. Floodplain Preservation. Neither the total stormwater storage capacity nor the total area of the 100-year floodplain shall be reduced.

C. Stream Bank Buffer Preservation. The stream bank buffer shall be kept in as natural state as possible so that it can perform its inherent function of flood storage and water quality protection.

1. By Right Uses Without A Permit. Uses that are passive in character shall be permitted in stream bank buffers, including, but not limited to, those listed in (a) through (e) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands.

(a) Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses. Construction of paved trails to further such passive recreation uses is also authorized.

(b) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Due to the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter at the cut end shall be cut into sections no longer than 6 feet, anchored to the shore, or removed from the 100-year floodplain.

(c) Revegetation and/or Reforestation. Revegetation and/or reforestation of stream bank buffers using approved species pursuant to Appendix B. Appendix B lists species of shrubs and vines recommended for stabilizing flood prone areas and/or constructing wetlands for the Hellbranch Run Watershed.

(d) Public Utilities. Sanitary sewer, storm sewer and/or water lines and public utility transmission lines may be located within the stream bank buffer, and disturbances of the buffer area necessary to place and/or maintain such utilities is also authorized. , The placement, construction and maintenance of such utilities shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances.

(e) Existing roads and new Arterial Streets. Construction and operation, including maintenance, widening, and new construction, of any existing roadway or bridge or new arterial street or arterial street bridge, as that term is defined in C.C.C. § 3123.03. Such activity shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances.

(f) Disturbances of the buffer zone necessary to accomplish the uses described in paragraphs (a) through (e) of this subsection are also authorized. However, all such disturbances shall be minimized and any necessary disturbances shall be mitigated.

2. By Right Uses With A Permit

(a) Streambank Stabilization/Erosion Control Measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Director of the Department of Public Utilities or the Director’s designee. In reviewing this plan, the Director may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water; Franklin County Soil and Water Conservation District; or other technical experts as necessary.

(b) Fill within the 100-year floodplain when authorized by a floodplain fill permit and when the total stormwater storage capacity and total area of the 100-year floodplain is preserved.

3. Any use not authorized under these regulations shall be prohibited in the stream bank buffer. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:

(a) Construction. There shall be no structures of any kind.

(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials.

(c) Roads or Driveways. There shall be no new roads or driveways other than Arterial Streets as that term is defined in C.C.C. § 3123.03.

(d) Motorized Vehicles. There shall be no use of motorized vehicles.

(e) Disturbance of Natural Vegetation. There shall be no disturbance of the natural vegetation at any time including during construction on the remainder of the site, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the stream bank buffer provided the landowner allows for natural succession.

(f) Parking Lots. There shall be no parking lots or other human made impervious cover.

(g) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Stream bank buffers shall not be used for the disposal or treatment of sewage except for those treatment and/or disposal systems existing at the time of passage of these regulations when such systems are properly permitted in accordance with the City of Columbus or Franklin County Health Departments and/or Ohio Environmental Protection Agency regulations.

3372.706 Standards for Minimizing Stormwater Generated

Development of a lot or parcel within the Hellbranch Run Watershed Overlay is subject to the following standards intended to minimize the stormwater generated from the development site.

A. Open Space. Forty percent (40%) of the area shall remain open space. This reserved open space should be located in the 100-year flood plain to the maximum extent practicable. Areas designated for open space may be preserved in their natural state, designed and intended for the use and/or enjoyment of residents of the proposed development, utilized for stormwater management BMPs or utilized for farming when authorized in a conservation easement or within the Association’s covenants and restrictions. Land dedicated for public parkland/open space pursuant to Chapter 3318 Parkland Dedication shall be included in calculating the open space requirement herein. Open space reserved pursuant to this section shall be prohibited from further subdivision or from development, excepting development associated with acceptable uses herein, by deed restriction, conservation easement, or other agreement in a form acceptable to the City Attorney and duly recorded in the office of the Recorder of Deeds of Franklin County.

B. Density. Gross development densities shall not exceed the underlying zoning district. That portion of a lot or parcel reserved as open space may be included in the total area for computing the density permitted by the particular underlying zoning district. The resulting increase in net density permitted on that portion of the lot or parcel located outside of the open space reservation is acceptable to the extent that the gross density for the total area does not exceed the density prescribed by the underlying zoning district.

3372.707 Standards for Implementing Stormwater Best Management Practices

Development of a lot or parcel within the Hellbranch Run Watershed Overlay is subject to the following general principles intended to implement stormwater best management practices within the development site. The Director of Public Utilities shall promulgate through regulations standards to implement these general principles.

A. Detention and Treatment. Stormwater generated as the result of development shall be managed using best management practices such as extended detention, natural or constructed wetlands, or other approved means to the extent necessary to meet water quality pollutant removal goals, reduce channel erosion, prevent overbank flooding, and pass extreme floods.

B. Conveyance. All stormwater generated as the result of development shall flow into the nearest receiving stream or approved storm sewer drainage system without increasing flood depths or causing standing water either upstream or downstream. To assure that this goal will be achieved, the applicant must affirmatively demonstrate that: between the proposed development site and the point in the receiving watercourse at which the proposed development site is 10% of the total area tributary, post-development stormwater peak rate of runoff will be less than or equal to the pre-development stormwater peak rate of runoff.

3372.709 Variance

Variances from the standards of the Hellbranch Run Watershed Protection Overlay may be granted pursuant to C.C.C. §3507.09 and/or § 3307.10. In addition to the factors provided in those sections, the Board of Zoning Adjustment or the City Council shall consider whether the proposed variance provides flood and water quality protection equal to or superior than that provided within this Overlay.

3372.710 Regulations

The Director of Trade and Development and/or the Director of Public Utilities may adopt regulations necessary to administer and enforce the provisions of the Hellbranch Run Watershed Protection Overlay. Regulations promulgated, pursuant to this section by either Director shall be published in the City Bulletin, with copies of the regulations being available for public review at the Director's office and other locations that may be designated by the Director. No person shall violate any regulation adopted by the Director pursuant to this chapter.

Section 2. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a new Section 3309.139, reading as follows:

3309.139 Hellbranch Run Watershed Protection Overlay.

Pursuant to Chapter 3372, the Hellbranch Run Watershed Protection Overlay is hereby established and its designating symbol is the letters "HRWPO" followed by a hyphen both immediately preceding the symbolic designation of the underlying zoning district.

Section 3. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of an amended Section 3310.09, reading as follows:

3310.09 Zoning of annexed territory.

All territory annexed to the City after March 28, 1973, shall immediately upon annexation be classified in the R-Rural District and subjected to the regulations and restrictions pertaining thereto [INCLUDING ALL APPLICABLE OVERLAY PROVISIONS AS ADOPTED PURSUANT TO CHAPTER 3372].

Within thirty (30) days of the effective date of the ordinance annexing territory of the City, an owner of property included therein may apply for a change in the zoning of his property to the City's zoning district comparable to the previously applicable township or county zoning for such property. During this thirty (30) day period such applicant is exempt from paying any required filing fee.

All territory annexed to the City prior to March 28, 1973, and not zoned as Agricultural, Farm Residential or Rural by Township or County Resolution, has been classified in the City's zoning district most comparable to the zoning applicable to such property immediately prior to such annexation and is subject to the regulations and restrictions of such City zoning district.

Any territory which lies within an Ldn Contour of 65 or greater when annexed to the City shall also become part of the Airport Environs Overlay and subject to the regulations therefor. (Ord. 2493-95.)

For more information on the Watercourse Protection Overlay, please contact the Columbus Department of Trade and Development Planning Office, Watercourse Protection Overlay, 109 North Front Street, Columbus, Ohio, 43215. You can also E-mail them at watercourse@cmhmetro.net.