(a) Establishment of Development Permit. A development permit shall be obtained from the Chief Administrative Officer before construction or development begins within any special flood hazard area established in Section 1353.03(b). Application for a development permit shall be made on forms furnished by the Chief Administrative Officer and may include, but not be limited to: site specific topographic plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized from any source;
(2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be floodproofed in accordance with Section 1353.06(b)(2) where base flood elevation data are utilized from any source;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1353.06(b)(2) where base flood elevation data are utilized from any source;
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished; and,
(5) Certification by a registered professional engineer, architect, or surveyor of the structure's as-built lowest floor or floodproofed elevation.
(b) Exemption From Filing a Development Permit. An application for a development permit shall not be required for maintenance work such as roofing, painting and basement sealing, or for small nonstructural development activities valued at less than one thousand dollars ($1,000). Any proposed action exempt from filing for a development permit is also exempt from the standards of this chapter.
(c) Designation of the Flood Damage Prevention Administrator. The Chief Administrative Officer is hereby appointed to enforce the provisions of these regulations, and, administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(d) Administrator's Duties. Duties and responsibilities of the Chief Administrative Officer shall include but are not limited to:
(1) Determination of hydraulically connected areas.
A. The Administrator shall interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
B. If the Administrator determines that a proposed development is near the special flood hazard area, sufficient hydraulic analysis must be provided so that the Administrator can determine if the area is hydraulically connected to the source of flooding in the floodplain.
C. If an area is determined to be hydraulically connected to the special flood hazard area, sufficient data must be submitted to the Administrator to determine if the property and/or its associated sewers, drains, and lowest floors are at or below the flood protection elevation.
D. If the Administrator determines the area to be hydraulically connected, and the lowest floor is below the flood protection elevation, the area is subject to all provisions stated in this chapter.
(2) Permit review.
A. Review all development permit applications to determine that the permit requirements of this chapter have been satisfied.
B. Review all 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.
C. Review all development permit applications to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1353.07(a) is met.
D. Inspect all development projects before, during, and after construction to ensure proper elevation of the structure and to ensure compliance with all provisions of this chapter.
(3) Use of other base flood elevation and floodway data. Special flood hazard areas where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1353.03(b), are designated as Zone A on the Village's Flood Insurance Rate Map. Within these areas, the Chief Administrative Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal State or other source, in order to administer Sections 1353.06(b)(1) and (2) and 1353.07.
(4) Information to be obtained and maintained by the Village. Where base flood elevation data are utilized within special flood hazard areas on the Village's Flood Hazard Boundary Map or Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:
A. Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures, and record whether or not such structures contain an enclosure below the lowest floor.
B. For all new or substantially improved floodproofed nonresidential structures:
1. Verify and record the actual elevation in relation to mean sea level, to which the structure was floodproofed; and,
C. Make and permanently keep for public inspection all records 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.
(5) Alteration of watercourses.
A. Notify adjacent communities, the U.S. Army Corps of Engineers, and the State Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse is considered to be altered if any change occurs within its banks.
B. Require that necessary maintenance will be provided for by the applicant for the altered or relocated portion of such watercourse so that the flood-carrying capacity will not be diminished.
C. Maintain engineering documentation required in Section 1353.04(a)(4) that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.
(6) Interpretation and appeals.
A. Make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. Where a map boundary and elevations disagree, the elevations delineated in the Flood Elevation Profile for the Village shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1353.05.
B. Provide information, testimony or other evidence as needed during variance hearings.
(7) Alteration of Village boundaries. Upon occurrence, notify FEMA in writing whenever the boundaries of the Village of Chagrin Falls have been modified by annexation or the Village 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 Village of Chagrin Falls Flood Insurance Rate Map accurately represents the Village of Chagrin Falls boundaries, include within such notification a copy of a map of the Village of Chagrin Falls suitable for reproduction, clearly delineating showing the new corporate limits or the new area for which the Village of Chagrin Falls has assumed or relinquished floodplain management regulatory authority.
(8) Coordination. Coordinate map maintenance activities and FEMA follow-up inspections.
A. Inspect buildings and lands to determine whether any violations of these regulations have been committed.
B. 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.
(9) Map maintenance activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of Chagrin Falls flood maps, studies and other data identified in Section 1353.03(b) 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; and
d. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1353.06(a)(4).
2. It is the responsibility of the applicant to have technical data, required in accordance with Section 1353.04(d)(9)A.1., 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 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 Section 1353.04(d)(9)A.1.
B. Right to Submit New Technical Data. The Floodplain Administrator 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. Such a submission shall include appropriate supporting documentation made in writing by the Chief Administrative Officer of the Village of Chagrin Falls, and may be submitted at any time.
(10) Post-construction certifications required: The following as-built certifications are required after a floodplain development permit has been 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 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 1353.04(d)(4), a Letter of Map Revision.
(Ord. 2005-22. Passed 4-11-05.)