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The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(a) Work with the City Engineer to evaluate applications for permits to develop in special flood hazard areas. Applications for permits must be signed by both the Floodplain Administrator and the City Engineer.
(b) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(c) 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.
(d) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(e) 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.
(f) Enforce the provisions of these regulations and work with the City Engineer in the enforcement of this chapter.
(g) Provide information, testimony, or other evidence as needed during variance hearings.
(h) Coordinate map maintenance activities and FEMA follow-up.
(i) 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.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)
(a) 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 1464.06, 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. All floodplain permits shall be signed by both the Floodplain Administrator and the City Engineer.
(b) Permitting Sequence.
(1) For subdivisions or commercial developments that must have Planning approval.
A. Floodplain development permit. An application must be submitted and Floodplain Development Permit approved prior to seeking Final Plat (subdivisions) or a Final Development Plan (commercial developments) approval by Planning Commission.
B. CLOMR/LOMR. If the B.F.E. is indicated that it will be raised during the Floodplain Development Permit, then a CLOMR must be submitted and approved by FEMA prior to Floodplain Development Permit approval by the City. Within 6 months of the date that as-built technical data showing the increased BFE becomes available or completion of the development (whichever is first), the applicant must apply for and acquire a LOMR.
C. LOMR/LOMR-F/LOMR-FW. If any proposed development or project intends to remove an area from the SFHA through a LOMR, LOMR-F (if fill will be placed in the SFHA), or a LOMR-FW (if fill will be placed in the floodway), a CLOMR or CLOMR-F must first be submitted and approved by FEMA prior to receiving any building permits (this includes building permits for structures, not for subdivision site work).
D. Certificate of compliance. Prior to final acceptance of a subdivision by Council or prior to the issuance of a final occupancy permit by the Building Department (commercial developments)for which a Floodplain Development Permit had been previously issued, a Certificate of Compliance must be issued by the Floodplain Administrator for the subdivision. This shall include verification that a LOMR/LOMR-F/LOMR-FW for the subdivision has been obtained from FEMA as well as reviewing the as-builts of the subdivision or commercial development for any roadways, Stormwater Control Measures (SCMs), storm sewer system, sanitary sewer system and final grading within the subdivision to verify that those items have been constructed in general conformance with the supporting documentation and plans upon which the current Floodplain Development Permit was issued.
(2) For structures.
A. Floodplain development permit. Must be submitted and approved prior to topography map approval. This may be omitted if a Floodplain Development Permit was issued for a house within a subdivision that had previously received a Floodplain Development Permit.
B. CLOMR/LOMR. If an increase in BFE is proposed in the Floodplain Development Permit application, then a CLOMR must be submitted and approved by FEMA prior to Floodplain Development Permit approval by the City. Within 6 months of the date as-built technical data showing the increased BFE becomes available or completion of the development (whichever is first), the applicant must apply for and acquire a LOMR. A CLOMR may not be required if the subject structure is located within a subdivision that had previously received a CLOMR as determined by the Floodplain Administrator.
C. LOMR/LOMR-F/LOMR-FW. If any proposed development or project intends to remove an area from the SFHA through a LOMR, LOMR-F (if fill will be placed in the SFHA), or a LOMR-FW (if fill will be placed in the floodway), a CLOMR, CLOMR-F, or must first be submitted and approved by FEMA prior to receiving any Building Permits (this includes building permits for structures, not for subdivision site work). A LOMR or LOMR-F may not be required if the subject structure is located within a subdivision that had previously received a LOMR/LOMR-F as determined by the Floodplain Administrator.
D. Floodplain Landscaping Permit. Once the final grade has been accepted by the City, but before landscaping has been performed, a floodplain landscaping permit must be submitted to the City. Once the landscaping has been performed, another final grade check will be performed by the City. This is to check to ensure that the grading around a structure has not exceeded the limits of the floodplain development permit.
E. Certificate of compliance. Prior to final occupancy, a certificate of compliance must be issued by the City for the structure. This shall occur once the floodplain landscaping permit has been issued by the City.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 78-15. Passed 7-13-15; Ord. 10-21. Passed 2-22-21.)
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 or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. The Floodplain Administrator shall require an application for a floodplain development permit to determine the development's location as it is associated with the FEMA floodplain maps. Such applications shall include, but not be limited to:
(a) 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.
(b) Elevation of the existing, natural ground where structures are proposed.
(c) Elevation of the lowest floor, including basement, of all proposed structures.
(d) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(e) 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:
(1) Floodproofing certification for nonresidential floodproofed structure as required in this chapter.
(2) Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of this chapter are designed to automatically equalize hydrostatic flood forces.
(3) Description of any watercourse alteration or relocation that the flood- carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in this chapter.
(4) 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 this chapter.
(5) A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by this chapter.
(6) Generation of base flood elevation(s) for subdivision and other new developments as required by this chapter.
(f) A floodplain development permit application fee set by the schedule of fees adopted by the City. (See Schedule of fees in § 210.01(g)(2)A.)
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)
(a) Review.
(1) After receipt of a complete application, the Floodplain Administrator and the City Engineer 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 1464.14 has been received by the Floodplain Administrator.
(2) 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 and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(b) Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator and the City Engineer shall either approve or disapprove the application. If the Floodplain Administrator and City Engineer are satisfied that the development application conforms to the requirements of this Chapter, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)
The following as-built certifications are required after a floodplain development permit has been issued, but before a Certification of Occupancy can be issued:
(a) 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 professional 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.
(b) For all development activities subject to the standards of Section 1464.20(a), a Letter of Map Revision.
(c) For new or substantially improved non-residential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)
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