1351.03 ADMINISTRATION.

   (a)   Designation of the Floodplain Administrator. The Floodplain/Zoning Supervisor for the City of Findlay is hereby designated to administer, implement and enforce the provisions of this chapter, and is referred to in this chapter as the Floodplain Administrator. The Floodplain Administrator may delegate any and all tasks associated with floodplain administration.

(Ord. 2007-077. Passed 9-18-07.)

   (b)   Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

      (1)    Evaluating applications for permits to develop land in special flood hazard areas.

      (2)    Interpreting floodplain boundaries and providing flood hazard and flood protection elevation information.

       (3)    Issuing permits to develop land in special flood hazard areas, when the provisions of this chapter have been met; or refusing to issue a permit in the event of noncompliance with the provisions of this chapter.

      (4)    Inspecting buildings and lands to determine whether any violations of this chapter have occurred.

      (5)    Making and keeping a record for public disclosure and inspection, pursuant to Section 149.43 of the Ohio Revised Code and other applicable statutes, and except where limited by Ohio statute, of all documents and other records necessary to the administration of this chapter, including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, permit issuance and permit denial records regarding development in special flood hazard areas, determinations of developments being in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement action taken when this ordinance has been violated.

      (6)    Enforcing the provisions of this chapter.

      (7)    Providing information, testimony or other evidence, as needed, during variance hearings before the City of Findlay Planning Commission.

      (8)    Coordinating map maintenance activities and contacts with FEMA.

      (9)    Conducting determinations of substantial damage to existing structures, damaged from any source and in special flood hazard areas that FEMA has so identified, to ensure that the substantially damaged real property meets the development standards of this chapter. However, reliable data collected from insurance adjusters and other persons with expertise to render such determinations, may be used by the Floodplain Administrator to make official substantial damage determinations.
(Ord. 2006-067. Passed 9-5-06.)

      (10)   Oversee and supervise the Mutual Aid Floodplain Administrator.

         (Ord. 2009-106. Passed 12-1-09.)

   (c)   Floodplain Development Permits. It is unlawful for any person to begin construction or other development activity, including, but not limited to, filling; grading; construction; alteration; remodeling or expanding any structure; or alteration of any watercourse wholly within, partially within, or in contact with, any identified special flood hazard area, established in Section 1351.01(f), until a floodplain development permit is obtained from the Floodplain Administrator or his/her designee. Such floodplain development permit shall indicate that the proposed development activity conforms with the provisions of this chapter. The Floodplain Administrator shall issue no such permit until the provisions of this chapter have been complied with.

   (d)   Application Requirement. An application for a floodplain development permit is required for all development activities located wholly within, partially within, or in contact with, an identified special flood hazard area. The application shall be made by the person who is owner of the real property at the date on which the permit is sought, or his/her authorized agent, who are separately or collectively referred to as the applicant. The application shall be memorialized on a form used for that purpose, prior to the actual commencement of construction. Where it is unclear that a development site is in a special flood hazard area, the applicant must submit survey data indicating whether the location of the development is or is not in a special flood hazard area. The data required in this Section are to be certified by a registered Professional Engineer licensed in the State of Ohio. There is no exclusion in this Section for City capital-improvements projects. The floodplain development permit application shall include, but not be limited to, the following:

       (1)    Site plans drawn to scale showing the nature, location, dimensions, and topography of the real property sought to be developed; the location of existing and/or proposed structures; fill; storage of materials; drainage facilities.

       (2)    Elevation of existing, natural ground where structures are proposed to be sited.

      (3)    Elevation of the lowest floor, including basement or below ground crawl space, of all proposed structures.

      (4)    If the Floodplain Administrator requires it, applicants shall provide information and scientific data to determine conformity with this chapter.

      (5)    Technical analyses conducted by the appropriate design professional registered in the State of Ohio, and submitted with an application for a floodplain development permit, when applicable. Such analyses are described at Section 1351.04, Use and Development Standards.

      (6)    Volumetric calculations demonstrating compensatory storage have been provided as required by Section 1351.04(a)(11)C.

   (e)   Permit Fees. All permit fees, as determined by the City of Findlay fee schedule current at the time of the permit application, must accompany the permit application.

   (f)   Review and Approval of a Floodplain Development Permit Application.

      (1)    Review.

         A.   The Floodplain Administrator or his/her designee shall review the permit application to ensure that the provisions of this chapter have been complied with.

         B.   The applicant shall be responsible for obtaining such permits as required, including permits issued by the United States Army Corps of Engineers, pursuant to §10 of the Rivers and Harbors Act; and §404 of the Clean Water Act; and the Ohio Environmental Protection Agency, pursuant to §401 of the Clean Water Act.

      (2)    Approval.

         A.   No later than 30 days after he/she receives a complete application, the Floodplain Administrator shall approve or deny the application. If an application is approved, a floodplain development permit shall be issued.

         B.   All floodplain development permits shall expire one year after being issued.

         C.   If the permitted activity has not been completed within that time, a new permit must be obtained.

         D.   Work performed after the expiration of the first one-year permit, absent a renewal, shall stop until the appropriate permit is obtained. The Floodplain Administrator may impose a triple application fee in that event.

   (g)   Inspections. The Floodplain Administrator or her designee shall make periodic inspections at appropriate times throughout the period of construction, in order to monitor compliance with the permit conditions.

   (h)   Post-Construction Certification Required. The following as-built certifications are required after a floodplain development permit has been issued:

      (1)    For new construction or substantially improved residential structures, or for nonresidential structures that have been elevated, the applicant shall cause to be completed by a Surveyor registered in the State of Ohio a Federal Emergency Management Agency Elevation Certificate, in order to record as-built elevation data.

      (2)    For all development activities subject to the provisions of subsection (k) hereof, a Letter of Map Revision is required.

   (i)   Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable if, among other occurrences, the actual development activity does not comport with the terms of the application and permit granted for the development. In the event that a permit is revoked, an appeal may be made to the City of Findlay Planning Commission, pursuant to Section 1351.05 Appeals Process.

   (j)   Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for the following activities:

      (1)    Maintenance work, such as, but not limited to, roofing, painting, basement sealing, and cosmetic improvements to the interior or exterior that are valued at less than $5,000. Maintenance work also includes small nonstructural development activities, except for filling and grading, when such activities are valued at less than $5,000.

      (2)    Development activities in an existing or proposed manufactured home park, when such activities are under the jurisdiction of the Ohio Department of Health, and are subject to the flood damage reduction provisions of Section 3701-27-07-02 of the Ohio Administrative Code.

      (3)    Major utility facilities permitted by the Ohio Power Siting Board, pursuant to Section 4906.04 of the Ohio Revised Code.

      (4)    Hazardous waste disposal facilities permitted by the Ohio Hazardous Waste Siting Board, pursuant to Section 3734.02 of the Ohio Revised Code.

      (5)    Development activities undertaken by a federal agency, and which are subject to federal Executive Order 11988: Floodplain Management.

   Any proposed activity that is exempt from floodplain development permit filing requirements is also exempt from the provisions of this chapter.

   (k)   Map Maintenance Activities. The purpose of map maintenance activities is primarily to meet National Flood Insurance Program minimum requirements. These requirements include review and approval by FEMA for purposes of verifying that the City of Findlay's flood maps, studies, and other data accurately represent flooding conditions. This purpose is important because appropriate floodplain management criteria are based on current data. The following map maintenance activities are identified:

      (1)   Requirement of new technical data submission:

         A.   For all development proposals that have an impact on floodway delineations or base flood elevations, the City of Findlay shall ensure that technical data reflecting such changes are submitted to FEMA within six months after the date when such information first becomes available. Development proposals shall include:

            1.    Floodway encroachments that increase or decrease base flood elevations or that alter floodway boundaries.

            2.    Fill sites to be used for the placement of proposed structures when the applicant intends to remove the site from the special flood hazard area.

            3.    Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts.

            4.    Subdivision or large-scale development proposals requiring the establishment of base flood elevations pursuant to Section 1351.04(a)(3). For purposes of this Section, the term, "large-scale development", means any development containing at least 50 lots or 5 acres, whichever is less.

         B.   It is the responsibility of the applicant to prepare or cause to be prepared technical data specified in this Section, and prepared in a format required for Conditional Letter of Map Revision or Letter of Map Revision, and cause the data to be submitted to FEMA.

         C.   The Floodplain Administrator shall require that the applicant provide a Conditional Letter of Map Revision before the floodplain development permit is issued in either or both of the following circumstances:

            1.    Proposed floodway encroachments that increase the base flood elevations.

            2.    Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has indicated base flood elevations but no floodway.

         D.   Floodplain development permits that the Floodplain Administrator issues shall be conditioned upon the applicant's having obtained a Letter of Map Revision from FEMA for any development proposal subject to the requirements of subsection (k)(1)A. hereof.

      (2)    Right to submit new technical data. The Floodplain Administrator could require that the applicant provide changes to any of the data shown on an effective map [that is, an official floodplain map] that does not affect floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. If such requirement is imposed, the applicant shall submit supporting data made in writing to the Mayor of the City of Findlay; and such data may be submitted at any time.

      (3)    Annexation and/or detachment. The Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Findlay are modified by annexation; or when the City of Findlay has assumed authority over an area; or when the City no longer has authority to adopt and to enforce floodplain management regulations for a particular area. In order that the City of Findlay's Flood Insurance Rate Map accurately represent the City's boundaries, the City shall include with such notification to FEMA a copy of the map, suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Findlay has assumed or relinquished floodplain management regulatory authority. The City shall include a copy of the enabling ordinance that approved the annexation or detachment. Before a parcel of real property is annexed to the City of Findlay, any pre-existing floodplain violation that would constitute a violation of the City of Findlay Flood Damage Prevention chapter shall be resolved to comply with the chapter.

   (l)   Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

      (1)    In areas that FEMA has not designated special flood hazard areas; or in areas where FEMA has designated special flood hazards, and where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably rely on other flood hazard data available from a federal, state, or other reliable source, constituting the best available information.

      (2)    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 reliable data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably relied upon by the Floodplain Administrator as best available information.

      (3)    When Preliminary Flood Insurance Rate Maps or Flood Insurance Study have been provided by FEMA:

         A.   Before FEMA issues a Letter of Final Determination, 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 that FEMA has provided. Such preliminary data could be subject to change and/or appeal to FEMA.

         B.   When FEMA issues a Letter of Final Determination, 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.

      (4)    The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation, pursuant to Section 1351.05, Appeals and Variances.

      (5)    Where a map boundary showing an area of special flood hazard and field elevations are contradictory, the base flood elevations or flood protection elevations, as found on an elevation profile, floodway data table, established high water marks, and the like, shall prevail.

   (m)   Substantial Damage Determinations.

      (1)    Damage to structures could result from a variety of causes, including flood, tornado, wind, heavy snow, fire, and the like. When such an event results in structure damage, all of the following activities apply:

         A.   Determine whether damaged structures are located in special flood hazard areas.

         B.   Conduct substantial damage determinations for damaged structures located in special flood hazard areas.

         C.   Make reasonable attempts to notify owners of substantially damaged structures of the need to obtain a floodplain development permit before any repair, rehabilitation, or reconstruction takes place.

         D.   Reliable data collected from insurance adjusters and other persons with expertise to render such determinations may be used to make official substantial damage determinations.

      (2)    The Floodplain Administrator could also implement other measures to assist in substantial damage determination and subsequent repairs. These measures could include issuing information to the news media, public service announcements, and other public information materials related to floodplain development permits and repairs to damaged structures; coordinating with other federal, state, and local units of government and governmental agencies; providing owners of damaged structures with information related to repair of such structures in special flood hazard areas; and assisting owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

         (Ord. 2006-067. Passed 9-5-06.)