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1386.33 ASSURANCE OF FLOOD CARRYING CAPACITY.
   Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
   (a)   Development in Floodways.
      (1)   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. 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 would not result in any increase in the base flood elevation; or
      (2)   Development in floodway areas causing increases in the base flood elevation may be allowed by the Floodplain Administrator provided all of the following are completed by the applicant:
         A.   Meet the requirements to submit technical data in Section 1386.21(a);
         B.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
         C.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
         D.   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; and
         E.   Concurrence of the Mayor and the Chief Executive Officer of any other communities impacted by the proposed actions.
   (b)   Development in Riverine Areas with Base Flood Elevations but No Floodways.
      (1)   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 increase the base flood elevation more than one foot 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,
      (2)   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
         A.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
         B.   Paragraph (a)(2), items A. and C. through E. hereof.
   (c)   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 applicable 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 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 the City 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 1386.21(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.
(Ord. 2008-90. Passed 7-7-08.)
1386.34 MATERIAL STORAGE.
   Storage of material or equipment not otherwise prohibited in Section 1386.25(b) shall be firmly anchored to prevent floatation.
(Ord. 2008-90. Passed 7-7-08.)
1386.35 COMPENSATORY STORAGE.
   (a)   Development within the special flood hazard area shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater 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:
      (1)   Prior to issuance of a stormwater management 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 that the proposed stage vs. storage volume relationship of the compensatory storage area would have the same or greater storage volume at each stage as in the pre-development condition of the proposed development area.
      (2)   The compensatory storage area shall have a hydraulic connection to the affected 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.
      (3)   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.
      (4)   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.
      (5)   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 paragraph (a)(4) hereof.
      (6)   The design and creation of the development and compensatory storage areas shall incorporate best management practices as required by other Medina County regulations or State or Federal agencies to minimize soil erosion and sediment impacts.
      (7)   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 Army Corps of Engineers and the Ohio EPA.
      (8)   Prior to grading or construction in development and compensatory storage areas, the Floodplain Administrator shall determine if the applicant shall submit technical data regarding the proposed flood boundary revision to FEMA and obtain a conditional letter of map revision (CLOMR) in accordance with Section 1386.21(a). A request for determination shall be submitted in writing to the Floodplain Administrator. Approval shall be granted as required under Section 1386.16.
      (9)   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 certified by a professional engineer as described in paragraph (a)(1) hereof.
      (10)   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 1386.21(a). 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 Medina County Engineer's approval of the final subdivision plat.
   (b)   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. 2008-90. Passed 7-7-08.)
APPEALS AND VARIANCES
1386.36 APPEALS BOARD ESTABLISHED.
   (a)   The City Planning Commission is hereby appointed to serve as the Appeals Board for these regulations as established by City Code.
   (b)   Records of the Appeals Board shall be kept and filed at 131 Court Street, Elyria, Ohio 44035.
(Ord. 2008-90. Passed 7-7-08.)
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