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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.)
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 Appeals Board in accordance with Sections 1464.33 through 1464.38.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.00.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the City's flood maps, studies and other data identified in Section 1464.06 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(a) Requirement to Submit New Technical Data.
(1) 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:
A. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
B. 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;
C. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts;
D. Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with this chapter; and
E. Other items as indicated in this chapter.
(2) It is the responsibility of the applicant to have technical data, required in accordance with division (a) of this section or as required in this chapter, 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.
(3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
A. Proposed floodway encroachments that increase the base flood elevation; and
B. Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.
(4) 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 division (a)(1) of this section or as required in this chapter.
(b) Right to Submit New Technical Data. The Floodplain Administrator or the City Engineer 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.
(c) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City 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's Flood Insurance Rate Map accurately represent the City boundaries, include within such notification a copy of a map of the City suitable for reproduction, clearly showing the new corporate limits or the new area for which the City has assumed or relinquished floodplain management regulatory authority.
(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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