(a) On receipt of a general application demonstrating that a watercourse will be altered by or as a result of the proposed development, the Commissioner shall require the filing of a supplemental application consisting of:
(1) A detailed description of the manner and extent to which the watercourse is to be altered;
(2) Topographic site plans drawn to scale showing:
A. The location and dimensions of all lots or parcels sought to be developed;
B. Surface elevations of the land to be developed on existing contours at intervals no greater than two feet if the slope of the ground is fifteen percent (15%) or less and not greater than five feet where the slope is greater than fifteen percent (15%);
C. The location of all proposed fill together with a description of the material to be used and method and degree of compaction proposed;
D. Proposed surface elevations of the land after development on contours at intervals no greater than two feet if the slope of the ground is fifteen percent (15%) or less and not greater than five feet where the slope is greater than fifteen percent (15%);
E. The location of all existing and proposed drainage facilities.
(3) The certification of a registered professional engineer or licensed hydraulic engineer that there will be no reduction in the flood carrying capacity of the watercourse as a result of the proposed development so long as specified facilities are maintained and a detailed description of the maintenance necessary to assure continual undiminished flood carrying capacity of the watercourse.
(4) A list of all permits required from federal or state authorities for which application has been made and a copy of all such permits received from federal or state officials including, without limitation, all permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act.
(b) On receipt of the supplemental application, the Commissioner shall fix a date on which action will be taken to grant or deny the requested Permit. Said date shall be no earlier than forty-five or later than sixty days from the date on which the supplemental application is filed.
(c) Within five days following the filing of the supplemental application, the Commissioner shall:
(1) Publish notice of the filing of the application and date on which action will be taken to grant or deny the requested permit in a newspaper in general circulation in Defiance County;
(2) Serve notice of the filing of the application and date on which action will be taken to grant or deny the requested permit together with a copy of the application and all required attachments, on the following officials;
A. Clerk of City Council;
B. Clerk of the Board of County Commissioners;
C. Clerk of the Board of Township Trustees of any township through which the affected watercourse passes if any unincorporated portion of that township lies within two miles up-stream or down-stream of the proposed development;
D. The Ohio Department of Natural Resources; and,
E. The U.S. Army Corps of Engineers.
(d) All notices required by Paragraph (c) of this Section shall include a statement to the effect that objections to the allowance of the requested Permit may be made in writing to the Commissioner at any time prior to the close of business on a stated date specified by the Commissioner. Said date shall not be earlier than the tenth business day immediately preceding the date on which action is to be taken to grant or deny the application.
(e) In the event no objection to the allowance of the Permit is timely filed, the Commissioner shall notify the Applicant and all parties entitled by Paragraph (c)(2) to notice of the filing of the application that the determination to grant or deny the Permit will be made on the basis of the documents submitted.
(f) In the event objection to allowance of the Permit is timely filed, the Commissioner shall fix a time on the date on which action is to be taken on the application for the conduct of a public hearing. Notice of the purpose, time and place of the hearing shall be published in a newspaper in general circulation in Defiance County no later than seventy-two hours prior to the commencement of the hearing. Notice of the time, place and nature of the hearing shall be mailed to the Applicant and all parties entitled by Paragraph (c)(2) of this Section to notice of the filing of the application.
(g) At the time notice is given in accordance with Paragraph (e) or (f) of this Section, the Commissioner shall forward the following documents to the regional office of the Federal Emergency Management Agency:
(1) A copy of the notice published in compliance with Paragraph (c)(1) of this Section and a certificate attesting to the date of publication;
(2) A copy of the notice issued in compliance with Paragraph (c)(2) of this Section and a certificate attesting to the name and address of each person to whom such notice was mailed and the date of mailing thereof; and,
(3) A copy of the notice issued in compliance with Paragraph (e) or (f) of this Section and a certificate attesting to the name and address of each person to whom such notice was mailed and the date of mailing thereof.
(h) Before issuing a Permit authorizing alteration of a watercourse, the Commissioner shall consider all comments and objections received and may continue the hearing convened pursuant to Paragraph (f) of this Section to permit the submission of additional information by any interested person who has appeared in the proceeding.
(i) The Commissioner shall not issue a Permit authorizing alteration of a watercourse unless satisfied that no reduction in the flood carrying capacity of the watercourse will result from the proposed development. The Commissioner shall consider the burden imposed on the Applicant and future owners of affected properties by any maintenance required to assure undiminished flood carrying capacity of the watercourse and shall deny the Permit if a substantial likelihood exists that the required maintenance will not be performed.
(j) The Permit, if granted, shall be expressly conditioned on periodic inspection of any facility requiring future maintenance and the timely performance of the maintenance required.
(Ord. 8289. Passed 3-2-21.)