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(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.)
The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(a) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a Federal, State, or other source.
(b) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(c) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 1464.33 through 1464.38, Appeals and Variances.
(d) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this Chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(e) Use of Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA.
(1) Zone A.
(A) Within Zone A areas designated on an effective FIRM, data collected from the preliminary FIRM and/or FIS shall reasonably be utilized as best available data.
(B) When all appeals have been resolved and a notice of final food elevation determination has been provided in a Letter of Final Determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
(2) Zones AE, Al-30, AH, and AO.
(A) BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However:
1. Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
2. Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
(B) If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard, since the data in the draft or preliminary FIS represents the best data available.
(3) Zones B, C, and X. Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, Al-30, AH, AO, VE, or Vl-30. The Floodplain Administrator may reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and welfare of citizens is protected.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
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