(A) Review.
(1) After receipt of a complete application, the Flood Plain Administrator shall review the application to ensure that the standards of these regulations have been met. No flood plain development permit application shall be reviewed until all information required in § 153.032(D) has been received by the Village Flood Plain Administrator.
(2) The Flood Plain Administrator shall review all flood plain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under § 10 of the Rivers and Harbors Act, being 33 U.S.C. § 403 , and § 404 of the Clean Water Act, being 33 U.S.C. §§ 1344 and 1341, and the Ohio Environmental Protection Agency under § 401 of the Clean Water Act, being 33 U.S.C. §§ 1344 and 1341.
(3) The Flood Plain Administrator shall consider that all technical evaluations, all relevant factors, and all standards specified in this subchapter are met, as well as consider the following:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed structure and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(f) The necessity to the facility of a waterfront location, where applicable;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and flood management plan for that area;
(i) The safety of access to the property in times of flooding for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(k) The cost of providing governmental services during and after flood conditions including the maintenance and repair of public utilities and facilities such as sewer, gas, water, and electric systems, and streets and bridges.
(3) Upon consideration of the factors listed in this section and the purpose of this chapter the Flood Plain Administrator may attach such conditions to the granting of the development permit as he or she deems necessary to further the purposes of these flood plain regulations.
(4) If the review of the application requires the services of professionals such as an engineer or architect, the applicant will be required to cover any cost for those services.
(B) Approval. Within 30 days after the receipt of a complete application, the Flood Plain Administrator shall either approve or disapprove the application. If an application is approved, a flood plain development permit shall be issued. All flood plain development permits shall be conditional upon the commencement of work within one year. A flood plain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(C) Inspections. The Village Flood Plain Administrator shall make a minimum of weekly inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(D) Post-construction certifications required. The following as-built certifications are required after a flood plain development permit has been issued:
(1) For an existing substantially improved residential structure, or a new or substantially improved nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency elevation certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative; and
(2) For all development activities subject to the standards of § 153.034(A), a letter of map revision.
(E) Revoking a flood plain development permit. A flood plain 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 § 153.039 of these regulations.
(F) Exemption from filing a development permit.
(1) An application for a flood plain development permit shall not be required for:
(a) Maintenance work such as roofing, painting and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $1,000;
(b) Development activities in an existing manufactured home park that are under the authority of the State Department of Health and subject to the flood damage reduction provisions of the O.A.C. § 3701;
(c) Major utility facilities permitted by the Ohio Power Siting Board under R.C. § 4906;
(d) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. § 3734; and
(e) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Flood Plain Management.
(2) Any proposed action exempt from filing for a flood plain development permit is also exempt from the standards of these regulations.
(Ord. 30-1974, § 401.4, passed 7-15-1974; Ord. 14-1992, passed 4-6-1992; Ord. 25-2003, passed 6-2-2003)