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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.)
1386.37 POWERS AND DUTIES.
   (a)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
   (b)   Authorize variances in accordance with Section 1386.39.
(Ord. 2008-90. Passed 7-7-08.)
1386.38 APPEALS.
   (a)   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within fourteen days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
   (b)   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(Ord. 2008-90. Passed 7-7-08.)
1386.39 VARIANCES.
   Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
   (a)   Application for a Variance.
      (1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
      (2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
   (b)   Public Hearing.
      (1)   At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
         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 facility 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 that 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 floodplain management program for that area;
         I.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         J.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
         K.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
      (2)   Variances shall only be issued upon:
         A.   A showing of good and sufficient cause, including orders from a Federal or State agency;
         B.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant;
         C.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws;
         D.   A determination that the structure or other development is protected by methods to minimize flood damages; and
         E.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (3)   Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
   (c)   Other Conditions for Variances.
      (1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      (2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in paragraph (b)(1)A. to K. hereof have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
      (3)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 2008-90. Passed 7-7-08.)
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