(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Village of Hebron are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(4) Individual wastewater treatment systems shall be located to avoid impairment to them or contamination from them during flooding; and,
(5) A concurrent site investigation is required by the Floodplain Administrator and the Licking County Health Department for proper placement of all individual sewage systems.
(c) Subdivisions and Major Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations and delineates floodway limits for a subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less. The most restrictive standard and/or definition of subdivision and major development found in these regulations shall prevail.
(6) All platted subdivision and major development proposals, including manufactured home subdivisions and/or parks, shall not include any area identified as special flood hazard areas upon a lot within said plat, unless that lot contains more than 2 acres outside of the flood hazard areas exclusive of road right-of-ways or other easements of record. Special flood hazard areas shall be designated as permanent open space unless otherwise specified by the Village of Hebron.
(7) For developments occurring adjacent to or near any stream or body of water not identified by the FIRM, including intermittent streams, the developer shall determine the 100-year base flood elevations through a certified engineering analysis. These elevations shall be determined in accordance with FEMA approved certified engineering analysis by a Registered Professional Engineer.
(8) Where base flood elevation data are utilized within areas of special flood hazard the following provisions apply:
A. Special Flood Hazard Areas: The approval of subdivisions and major development that is located in or partially in an area of periodic flooding, or identified as a special flood hazard area shall be limited to the following:
1. Approval shall not be given for streets within a subdivision, which would be subject to flooding.
2. All street surfaces must be located one or more feet above the flood elevation.
B. Where subdivisions and major developments are proposed to be located, all streams, including intermittent streams identified, will require delineation of special flood hazard areas, and such flood prone areas shall be left undeveloped as open space, recreation areas, etc. No area where natural elevation is shown as flood prone shall be used for building sites, leach fields, well sites, or required yard or lot area. These requirements shall be included in the covenants and deed restrictions on the final plat and individual lot deed. If the special flood hazard area (or floodway) designation is disputed, the developer must demonstrate where the FIRM is inaccurate through an engineering analysis that is accepted by FEMA, according to their flood map amendment procedures. All central sanitary sewer systems and water supply systems must either be located outside the special flood hazard areas, or they must be floodproofed.
C. Additional permits may be required for sanitary and septic systems from the Licking County Health Department, Licking County Water and Wastewater Department, and/or local water and sewer district, and other agencies.
D. Stream, Drainage, Flood Easements, and Stream Bank Buffers - If a stream flows through, or is adjacent to, the proposed subdivisions and/or major developments, the subdivider/developer shall provide for a storm water easement and streambank buffer along the stream(s).
1. Access to streams or storm drainage ditches and channels shall be by means of easements. Such easements shall not be less than 30 feet in width, exclusive of the width of the ditch, or channel, or similar type facility.
2. For identified special flood hazard areas, the subdivider shall provide that the special flood hazard areas be established on the preliminary plan and the final plat. The subdivider will also incorporate into the deed restrictions and covenants that no permanent or temporary structures (i.e. yard barns, accessory buildings, bridges, etc.) will be constructed within the flood hazard area. Underground facilities, such as tiles and storm sewers shall have easements with a minimum of twenty feet.
3. Stream bank buffer areas shall be designated and established on the preliminary plan and the final plat within identified flood hazard areas. The buffer area can be located on lots if the lot provides more than two acres of useable ground outside of the buffer. The buffer area shall be maintained in its natural or scenic condition to provide water quality protection and flood buffering, and shall have these conditions incorporated into the deed restrictions and covenants.
4. Whenever a storm drainage ditch or channel has a depth of three feet or more, a slope of two foot horizontal to one foot vertical shall be provided.
5. Public Access - Floodplain, storm water easements, and streambank buffers established under these regulations shall provide for public access for inspection and enforcement of these regulations, and the regulations adopted by local, state, and federal regulations. The establishment of these easements and buffers does not in itself provide for public maintenance of these facilities.
6. Stream bank buffers include:
a. A minimum of 100 feet on each side of all streams draining an area of greater than 20 square miles.
b. A minimum of 75 feet on each side of all streams draining an area of greater than .5 square miles (320 acres) and up to 20 square miles.
c. A minimum of 50 feet on each side of all streams draining an area of greater than 0.05 square miles (32 acres) and up to 0.5 square miles (320 acres).
d. A minimum of 30 feet on each side of all streams draining an area of less than .05 square miles (32 acres).
e. Where the special flood hazard area (base flood area, or 100 year floodplain, or 1% annual chance floodplain) is wider than the stream bank buffer on either or both sides of the stream as prescribed above, stream bank buffer shall be extended to the outer edge of the special flood hazard area (base flood area, or 100 year floodplain, or 1% annual chance floodplain).
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure shall have the bottom of the lowest horizontal structural member supporting the floor of a structure or the bottom of the lowest horizontal structural member supporting the floor of the manufactured home placed on a permanent foundation, or top of the lowest floor including basement, elevated to or above the flood protection elevation.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Other requirements include:
A. Over-the-top ties be provided at each of the four corners of the manufactured home, with five additional ties per side at intermediate points (for manufactured homes less than 50 feet long only four additional ties per side shall be required);
B. Frame ties be provided at each corner of the manufactured home with five additional ties per side at intermediate points (for manufactured homes less than 50 feet long only four additional ties per side shall be required); and,
C. All components of the anchoring system are capable of carrying a force of 4,800 pounds.
D. Any additions to the manufactured home be similarly anchored or permanently anchored to the ground by foundation.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1327.04(d).
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1) - (3) and (5) - (7).
(2) New construction, major developments, and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the bottom of the lowest horizontal structural member, the lowest horizontal structural member supporting the floor of a structure, the bottom of the lowest harizontal structural member supporting the floor of the manufactured home placed on a permanent foundation, or top of the lowest floor including basement, elevated to or above the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight.with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with subsection (e)(2)A. and B. hereof.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 576 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of subsection (d)(5)C.;
(7) They shall be designed to have low flood damage potential;
(8) The applicant should be aware that the exemption of accessory structures may have insurance cost ramifications.
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of subsection (d) hereof.
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) 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:
(1) Development in Floodways.
A. 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
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. Meet the requirements to submit technical data in Section 1327.03(j)(1);
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. 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
5. Concurrence of the Mayor of the Village of Hebron and the Chief Executive C)fficer of any other communities impacted by the proposed actions.
C. Prohibit dredging, mining, excavation, or similar activities unless a technical evaluation by a registered professional engineer certifies there will be no increase in erosion, sedimentation, or turbidity upstream or downstream of the site.
(2) Development in Riverine Areas with base flood elevations but no floodways.
A. 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 0.01 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,
B. 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:
1. 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;
(3) Alterations of a Watercourse. Watercourses are not to be altered, including enclosed (piped), unless no practicable alternative exists. 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:
A. 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.
B. 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.
C. 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 Village of Hebron specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1327.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(4) Development in Riverine Areas without Base Flood Elevations or Floodways. Where base flood elevation and floodway boundaries cannot be determined using other sources of data, the applicant shall determine the base flood elevation (and floodway limits if necessary) through hydrologic and hydraulic engineering analysis. Hydrologic and Hydraulic analyses shall be performed only by a Registered Professional Engineer, who shall demonstrate that the technical methods used correctly reflect standard engineering practices, and meets FEMA approved certified engineering analysis requirements. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator, or other agency/persons deemed appropriate.
(j) Streambank Buffer Protection Area. The Stream Bank Buffer Area located within the delineated 100-year floodplain areas shall be kept in a natural or scenic condition. Existing bushes, groundcover, shrubs, and trees are not permitted to be removed from the buffer except to maintain the ecological health of the forest, to create access to the watercourse, or for the construction or maintenance of permitted uses such as:
(1) Passive recreational uses such as hiking, biking, horseback riding, hunting, fishing, etc.
(2) The installation of Conservation Best Management Practices that will protect the public health, safety, and welfare along with the environment.
(3) Access for compatible public recreational facilities, such as fishing piers, canoe launches, and all other similar structures, that shall be perpendicular to the streambank buffer.
(4) Storm water outfall, provided such lines are combined where appropriate, construction activity is minimized, and the buffer is restored to its pre- construction state.
(5) Underground utility crossings, provided such crossings are combined where appropriate, construction activity is minimized, and the buffer is restored to its pre-construction state.
(6) Additional stream crossings, provided such crossings are combined where appropriate, construction activity is minimized, and the buffer is restored to its pre-construction state.
(k) Placement of Fill in the Special Flood Hazard Area. Any fill placed within the floodplain fringe area of the Special Flood Hazard Area shall cause no rise greater than 0.01 feet on the site of the fill or adjacent areas. Fill placed within the Special Flood Hazard Area shall be compacted to current accepted engineering practices and standards to reduce the occurrence of erosion or scouring of the fill material from the fill area. Fill sites upon which structures will be constructed or placed shall be compacted to ninety-five percent (95%) of the maximum density obtainable with the Standard Proctor Test method or an accepted equivalent method as approved by the Village of Hebron.
(Ord. 04-07. Passed 3-14-07.)