1310.10 FLOODPLAIN ADMINISTRATOR'S DUTIES.
   Duties of the Floodplain Administrator shall include, but are not limited:
   (a)   Permit Review. 
      (1)   Review all development permit applications to determine that the permit requirements of this chapter have been satisfied.
      (2)   Review all development permit applications to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits.
      (3)    Review all development permit applications to determine if the proposed development is located within the designated floodway as indicated in the Flood Insurance Rate Map of the Flood Insurance Study. If the proposed development is located within the designated floodway, assure that the encroachment provisions of Section 1310.15(a) are met.
      (4)    Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
   (b)   Use of Other Base Flood Elevation and Floodway Data.  Areas of special flood hazard where base flood elevation data has not been provided by FEMA in accordance with Section 1301.03, are designated as Zone A on the community’s Flood Insurance Rate Map.  Within these areas, the City Engineer shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source in order to administer Sections 1310.14 and 1310.15.
   (c)   Information to be Obtained and Maintained.  Where base flood elevation data is utilized within areas of special flood hazard on a community’s Flood Hazard Boundary Map or Flood Insurance Rae Map, regardless of the source of such data, the following provisions apply:
      (1)   Obtain and record the actual elevation, in relation to mean seal level, of the lowest floor, including basement, of all new or substantially improved structures, and whether or not such structures contain an enclosure below the lowest floor.
      (2)   For all new or substantially improved flood proofed structures:
         A.   Verify and record the actual elevation, in relation to mean sea level, to which the structure was flood proofed; and
         B.   Maintain the flood proofing certifications required in Section 1310.14(b)(1)C.
      (3)   Maintain for public inspection all records pertaining to the provisions of this chapter.
   (d)   Alterations of a Watercourse.  For the purpose of these regulations, 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 application publication available from a Federal, State, or other authoritative source.  For all proposed developments that alter a watercourse, the following standards apply:
      (1)   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.
      (2)    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 - portion of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
      (3)    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 Cuyahoga Falls specifying the maintenance responsibilities.  If an agreement is required, it shall be made a condition of the floodplain development permit.
      (4)   The applicant shall meet the requirements to submit technical data in Section 1310.16(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.
   (e)   Interpretation of Flood Boundaries.  Make interpretations, where needed., as to the exact location of the boundaries of the areas of special flood hazards, 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 shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1310.11.
      (1)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.
      (2)   Coordinate map maintenance activities and FEMA follow-up.
      (3)   Conduct substantial damage determination 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.
      (4)   The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
      (5)   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 reflects 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.
      (6)   When preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
         A.   Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
         B.    Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/ or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appealed to FEMA.
   (f)   Substantial Damage Determinations.  Substantial Damage Determinations. 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)   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
   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 others 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 Code of Compliance insurance claims.
(Ord. 52-2009.  Passed 6-8-09.)