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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.)
(a) Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Owners of substantially damaged structures shall obtain a Floodplain Development Permit prior to repair, rehabilitation, or reconstruction.
(b) Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
(b) Subdivisions and other new development.
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage;
(4) In all areas of special flood hazard (floodway or 100-year floodplain) where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less. If a development is less than 50 lots or five acres, this hydrologic and hydraulic analysis may be required at the discretion of the City Engineer;
The hydraulic analysis shall consist of the following:
A. SWMM model (or other as agreed upon by the City Engineer) using tail water and back flow calculations;
B. Analysis of both the effects of the proposed development on the entire watershed and the adjacent parcels;
(5) In the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules all new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(6) In the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
(7) In the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules on-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding; and
(9) All wet ponds or other SCMs (as deemed necessary by the City Engineer) within a 1% (100-year) floodplain or floodway shall have their top of banks at a minimum height of one foot above the 1% (100-year) floodplain elevation.
(c) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied, as long as all requirements of the LOMR-F are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to the flood protection elevation (one and one-half feet above BFE).
(5) If there is no flood protection elevation data available based on the County Flood Insurance Maps, then the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade unless approved by both the City Engineer and the Floodplain Administrator.
(6) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor, provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
(7) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(8) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this section.
(9) In AO and/or AH Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide flood waters around and away from the structure.
(10) If a new residential structure is being built into an existing residential subdivision after this chapter is enacted, then the final floor elevation of the new residential structure must be within one foot of the final floor elevation indicated on the final plat for the residential subdivision.
(11) Applicant shall adhere to the permitting requirement set forth in Section 1464.13(b)(2).
(d) Nonresidential Structures.
(2) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1464.23(d)(2)A. and (d)(2)B.
(e) Accessory Structures.
(1) Relief to the elevation or dry floodproofing standards within zones A, A1- 30, AE, AO, and AH may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
A. They shall not be used for human habitation;
B. They shall be constructed of flood-resistant materials;
C. They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
D. They shall be firmly anchored to prevent flotation;
E. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation (BFE);
F. They shall meet the opening requirements of Section 1464.23(c)(6)C.; and
G. They shall not be located within the floodway.
(f) Recreational Vehicles within zones A,A1-30, AE, AO, and AH.
(1) Recreational vehicles must meet at least one of the following standards:
A. They shall not be located on sites in special flood hazard areas for more than 180 days; or
B. They must be fully licensed and ready for highway use; or
C. They must meet all standards of Section 1464.23(c).
(g) Above-ground Gas or Liquid Storage Tanks.
(1) Within zones A, A1-30, AE, AO, and AH all above-ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads if they are located on a lot that is within 1,000 feet of a floodway, 100-year floodplain, or a 500-year floodplain.
(h) Assurance of Flood-carrying Capacity.
(1) Pursuant to the purpose and methods of reducing flood damage stated in these chapters, the following additional standards are adopted to assure that the reduction of the flood-carrying capacity of watercourses is minimized:
(2) Development in floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge (i.e. there is no increase in the flood levels during a 100-year storm). Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development activity within the floodplain would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. Meet the requirements to submit technical data in Section 1464.20(a):
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property;
5. A CLOMR approval by FEMA prior to the acceptance of the Floodplain Development Permit;
6. A LOMR (or LOMR-F) approval by FEMA prior to issuance of any building permits for structures;
7. Certificate of compliance issued by the City prior to final occupancy permit issuance;
8. Concurrence of the Mayor of Avon and the Chief Executive Officer of any other communities impacted by the proposed actions; and
9. Concurrence of the City Engineer.
(3) Development in riverine areas with base flood elevations but no floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not raise the base flood elevation at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing any increase in the base flood elevation is not permitted.
(4) Alterations of a watercourse.
A. For the purpose of these chapters, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the bankfull stage. The field determination of bankfull stage shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
B. The bankfull flood-carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood-carrying capacity of the watercourse will not be diminished.
C. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency,
D. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood-carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the City, specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
E. The applicant shall meet the requirements to submit technical data in Section 1464.20(a)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(5) LOMAs/LOMRs/LOMR-Fs.
A. In areas that used to be in floodways or floodplains, but have been modified, with either a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR), or a Letter of Map Revision - Based On Fill (LOMR-F) the following must be followed for residential and nonresidential structures.
1. The lowest level of the structure, including basements, must not be below the BFE unless the following is followed:
a. The ground surface around the building and within 20 feet from the edge of the SFHA (special flood hazard area) must be one foot above the BFE.
b. The setback is the distance from the edge of the SFHA to the nearest wall of the basement.
c. The ground around the building must be suitable compacted fill; the fill material (or soil of similar classification and degree of permeability) must extend to at least five feet below the bottom of the basement floor slab if the soil below is not considered suitable.
d. The fill material must be compacted to at least 95% of Standard Laboratory Maximum Dry Density, according to ASTM Standard D-698. Fill soils must be fine- grained soils of low permeability, such as those classified as CH (clay of high plasticity), CL (clay of low plasticity, SC (sand with clayey fines), or ML (silt) according to ASTM Standard D-2487, Classification of Soils for Engineering Purposes.
e. The fill material must be homogeneous and isotropic; that is, the soil must be all of one material, and the engineering properties must be the same in all directions.
f. The elevation of the basement floor should be no more than five feet below the BFE.
g. A granular drainage layer beneath the floor slab, and a one-half HP sump pump (in accordance with Section 1050.14(a) with a backup power supply must be provided to remove the seepage flow. The pump must discharge above the BFE and away from the building. Sump pump discharge shall be routed above the BFE before down turning for discharge to gravity drainage.
h. The drainage system must be equipped with a positive means of preventing backflow.
i. Downspout collection systems must discharge via gravity to a storm sewer or other method as approved by the City Engineer. Foundation drains must discharge via a sump pump up to the gravity storm sewer system or other method as approved by the City Engineer.
j. The basement must be designed to withstand any hydrostatic pressures.
k. All work will be supervised by a licensed professional engineer. At the end of the project, a certified letter is required from said engineer stating that all work was done in compliance with this section.
l. A notarized letter, signed by the property owner, that acknowledges that there could be potential flooding of the basement and relieves the City from any and all responsibility, should flooding occur.
2. All other items indicated within Section 1464.23(c) must be adhered to.
(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.)
(a) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City are allowed provided they meet the provisions of these regulations.
(b) Prohibited Uses.
(1) Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Ohio R.C. Chapter 3701.
(2) Infectious waste treatment facilities in all special flood hazard areas, permitted under Ohio R.C. Chapter 3734.
(3) Storage of loose fill or debris in the SFHA is prohibited.
(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.)
(a) Development within the Special Flood Hazard Area shall result in no net loss of natural floodplain storage. The volume of the loss of flood water storage due to development shall be offset by providing an equal or greater volume of permanent flood storage by excavation or other compensatory measures at or adjacent to the development site. This compensatory floodplain storage shall be proposed and created in accordance with the following requirements.
(b) Prior to issuance of a Floodplain Development Permit, a plan and calculations prepared by a professional engineer shall be submitted for approval. This plan shall be based on a field survey, shall show the existing and proposed grades of the development and compensatory storage areas, and shall be accompanied by calculations which demonstrate the following:
(1) For all areas that drain via storm sewers and/or surface topography to tributaries of and including French Creek, and which are located east of State Route 83, that the proposed stage vs. storage volume relationship of the compensatory storage area would have a minimum of twice the storage volume at each one-foot contour increment as in the pre-development condition of the proposed development area; or
(2) For all other areas, that the proposed stage vs. storage volume relationship of the compensatory storage area would have the same or greater storage volume at each one-foot contour increment as in the pre-development condition of the proposed development area.
(3) 2:1 Compensatory Storage Map. The City shall create a map identifying the designated area where the 2:1 compensatory storage requirements are applicable. This map shall be maintained at City Hall in the office of the City Engineer. The following shall apply to the map:
A. Nothing herein shall prevent the City from making additions, amendments, revisions, or deletions from the 2:1 Compensatory Storage Map.
(c) The compensatory storage area shall have a hydraulic connection to the effected watercourse which is equal to or greater than the pre-development conditions and shall provide the same or improved rate of flood storage capture and discharge over the course of the flood event as in the pre-development conditions, all as required per Section 1464.25(b)(1) or (2).
(d) Compensatory storage shall be located adjacent to the development area or on the opposite side of the stream across from the development area. In the case of filling for a new stream crossing, the compensatory storage shall be located upstream of the crossing.
(e) The compensatory storage area shall be a permanent component of the property, and shall be repaired or replaced by the owner of the property if silted-in or otherwise compromised by activities other than natural movement of the stream.
(f) Where the applicant proposes compensatory storage on property owned by others, the applicant shall submit a written agreement between such landowner and the applicant wherein the landowner agrees to convey an easement or other property interest or right to the applicant allowing compensatory storage, and to permanently maintain such area for flood storage purposes, as described in division (d) above. Prior to construction, the applicant shall submit documentation showing that conveyance of easements, property interests or rights have been properly recorded with the County Recorder's Office.
(g) The design and creation of the development and compensatory storage areas shall incorporate best management practices as required by other City regulations or State or Federal agencies to minimize soil erosion and sediment impacts.
(h) Prior to grading or construction in development and compensatory storage areas, the applicant shall be responsible for obtaining any necessary permits or approvals from other involved agencies such as the U.S. Army Corps of Engineers and the Ohio EPA.
(i) Prior to grading or construction in development and compensatory storage areas, the applicant shall be required to submit technical data regarding the proposed flood boundary revision to FEMA and obtain a Conditional Letter of Map Revision (CLOMR) in accordance with Section 1464.20(a) of these regulations., based on determination by the Floodplain Administrator.
(j) After the development and compensatory storage areas are complete, an as-built topographic survey of the development area and the compensatory storage area shall be prepared and stamped by a professional surveyor and submitted to the Floodplain Administrator. This survey shall be accompanied by as-built stage vs. storage volume calculations prepared by a professional engineer as described in division (a) above.
(k) After the development and compensatory storage areas are satisfactorily complete, the applicant shall submit technical data to and obtain a Letter of Map Revision from FEMA in accordance with Section 1464.20(a) of these regulations. When the development and compensatory storage areas are created for a new subdivision development, the Letter of Map Revision shall be obtained prior to the City Engineer's approval of the final subdivision plat.
(l) These regulations regarding compensatory storage specified in this section shall be applied in the following manner:
(1) Parcels of land one acre or less in size and existing in its current configuration as noted in Lorain County deed records prior to July 13, 2015 shall not be subject to any compensatory storage requirements specified in this section;
(2) Parcels of land greater than one acre but less than or equial to two acres in size and existing in its current configuration as noted in Lorain County deed records prior to July 13, 2015 shall only be subject to a stage vs. storage volume relationship of 1:1 no matter where the parcel is located within the city;
(3) Parcels of land greater than two acres in size shall be fully subject tot he compensatory storage requirements specified in this section.
(m) These regulations regarding compensatory storage shall not apply to public highway, transportation, or drainage improvements or maintenance thereof undertaken by a government agency or political subdivision.
(Ord. 78-15. Passed 7-13-15; Ord. 59-16. Passed 5-16-16
; Ord. 10-21. Passed 2-22-21.)
(a) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
(b) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by Ohio Revised Code Section 1521.13. This includes, but is not limited to:
(1) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
(2) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
(3) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
(c) Before development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
(1) Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO11988.
(Ord. 10-21. Passed 2-22-21)
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