(a) Establishment of Development Permit. A Development Permit shall be obtained from the Zoning Inspector before construction or development begins within any area of special flood hazard established in Section 1161.02 (b),. Application for a Development Permit shall be made on forms furnished by the Municipality and may include, but not be limited to: site specific topographic plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The following information is required:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in areas of special flood hazard where base flood elevation data are utilized from any source;
(2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be floodproofed in accordance with Section 1161.04(i) where base flood elevation data are utilized from any source;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1161.04(i) where base flood elevation data are utilized from any source;
(4) 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 flood carrying capacity of the watercourse will not be diminished.
(5) Certification by a registered professional engineer, architect, or surveyor of the structure's as-built lowest floor or flood proofed elevation.
(b) Exemption From Filing a Development Permit. An application for a Development Permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than one thousand dollars ($1,000.00). Any proposed action exempt from filing for a Development Permit is also exempt from the standards of this Zoning Ordinance.
(c) Designation of The Flood Damage Prevention Chapter Administrator. The Zoning Inspector is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.
(d) Duties And Responsibilities of The Zoning Inspector. The duties and responsibilities of the Zoning Inspector shall include but are not limited to:
(e) Permit Review.
(1) Review all development permit applications to determine that the permit requirements of this Chapter have been satisfied.
(2) Review all development permit applications 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 permit applications to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or 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 1161.05(a) is met.
(4) Inspect all development projects before, during, and after construction to ensure proper elevation of the structure and to ensure compliance with all provisions of this chapter.
(f) 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 1161.02(b), are designated as Zone A on the Flood Insurance Rate Map. Within these areas, the Zoning Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data obtained under Section 1161.04(m), in order to administer Section 1161.04(h), 1161.04(i), and where floodway data are available, administer Section 1161.05.
(g) Information to Be Obtained And Maintained by The Village of Montpelier. Where base flood elevation data are utilized within areas of special flood hazard on the Municipality’s Flood Insurance Rate Map, regardless of the source of such data, the Zoning Inspector shall:
(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,
(3) Maintain for public inspection all records pertaining to the provisions of this chapter, including base flood elevation data, Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, variance documentation, Conditional Letters of Map Revision, Letters of Map Revision, Letters of Map Amendment, and as-built elevations.
(h) Alteration of Watercourses.
(1) Notify adjacent communities, the U.S. Army Corps of Engineers, and ODNR Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. A watercourse is considered to be altered if any change occurs within its banks.
(2) Maintain engineering documentation required in Section 1161.03(a)(4) that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.
(3) Require that necessary maintenance will be provided for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.
(i) 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 from the Flood Insurance Study shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1161.06.
(j) Alteration of Community Boundaries. Upon occurrence, notify FEMA in writing whenever the boundaries of the Municipality have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Municipality Flood Insurance Rate Map accurately represent the Municipality’s boundaries, include within such notification a copy of a map of the Municipality suitable for reproduction, clearly delineating the new corporate limits or the new area for which the Municipality has assumed or relinquished floodplain management regulatory authority.
(Ord. 1166. Passed 9-24-01.)