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It shall be 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, as established in § 151.06, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(Ord. 7-2022, passed 10-3-22)
An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(A) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(B) Elevation of the existing, natural ground where structures are proposed.
(C) Elevation of the lowest floor, including basement, of all proposed structures.
(D) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(E) 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:
(1) Floodproofing certification for non-residential floodproofed structure as required in § 151.49.
(2) Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of § 151.48(E) are designed to automatically equalize hydrostatic flood forces.
(3) Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in § 151.53(C).
(4) A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by § 151.53(B).
(5) A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by § 151.53(A).
(6) Generation of base flood elevation(s) for subdivision and other new developments as required by § 151.47.
(F) A floodplain development permit application fee set by the Schedule of Fees adopted by the Oak Harbor Planning Commission.
(Ord. 7-2022, passed 10-3-22)
(A) Review.
(1) After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in § 151.23 has been received by the Floodplain Administrator.
(2) The Floodplain Administrator shall review all floodplain 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 U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(B) Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this chapter, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(Ord. 7-2022, passed 10-3-22)
The following as-built certifications are required after a floodplain development permit has been issued:
(A) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(B) For all development activities subject to the standards of § 151.30(A), a letter of map revision.
(C) For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed Floodproofing Certificate for Non-Residential Structures completed by a registered professional engineer or architect together with associated documentation.
(Ord. 7-2022, passed 10-3-22)
A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for counties) in accordance with §§ 151.60 through 151.65.
(Ord. 7-2022, passed 10-3-22)
An application for a floodplain 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 $2,500.
(Ord. 7-2022, passed 10-3-22)
(A) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
(B) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:
(l) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.
(2) Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
(3) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
(C) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
(1) Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.
(Ord. 7-2022, passed 10-3-22)
To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of Oak Harbor's flood maps, studies and other data identified in § 151.06 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(A) Requirement to submit new technical data.
(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 other new development proposals requiring the establishment of base flood elevations in accordance with § 151.47.
(2) It is the responsibility of the applicant to have technical data, required in accordance with this division (A), 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 riverine 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 this division (A).
(B) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Village Administrator of Village of Oak Harbor, and may be submitted at any time.
(C) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of Oak Harbor 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 Village of Oak Harbor's Flood Insurance Rate Map accurately represent the Village of Oak Harbor boundaries, include within such notification a copy of a map of the Village of Oak Harbor suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of Oak Harbor has assumed or relinquished floodplain management regulatory authority.
(Ord. 7-2022, passed 10-3-22)
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