The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(a) Permit Review.
(1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied.
(2) Review all development permits to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
(3) Review all development permits to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1331.17(a) is met.
(b) Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1331.05, are designated as Zone A on the community’s Flood Insurance Rate Map. Within these areas, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other source, including data obtained under 1331.16(f), in order to administer Sections 1331.16(a), (b) and 1331.17.
(c) Information to be Obtained and Maintained. Where base flood elevation data are utilized within areas of special flood hazard on a community’s Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:
(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and record whether or not such structures contain an enclosure below the lowest floor;
(2) For all new or substantially-improved floodproofed nonresidential structures:
A. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and,
B. Maintain the floodproofing certifications.
(3) Maintain for public inspection all records pertaining to the provisions of this ordinance.
(d) Alteration of Watercourses.
(1) Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse is considered to be altered if any change occurs within its banks.
(2) Maintain engineering documentation required in Section 1331.10 that the flood carrying capacity of the altered or relocated portions of said watercourse will not be diminished.
(3) Require that necessary maintenance will be provided for all altered or relocated portions of said watercourse so that the flood carrying capacity will not be diminished.
(e) Interpretation of Flood Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and field elevations disagree, the elevations delineated in the flood elevation profile shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1331.14.
(f) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(g) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Village of Johnstown’s flood maps and studies identified in Section 1331.05 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
A. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
B. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
C. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
D. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1331.16 (f).
(2) It is the responsibility of the applicant to have technical data prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
A. Proposed floodway encroachments that increase the base flood elevation; and
B. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
(4) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to 1331.13(g)(1).
(Ord. 01-07. Passed 4-3-07.)
(Ord. 01-07. Passed 4-3-07.)