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§ 151.29 STATE AND FEDERAL DEVELOPMENT.
   (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)
§ 151.30 MAP MAINTENANCE ACTIVITIES.
   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)
§ 151.31 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:
   (A)   In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
   (B)   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 reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
   (C)   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 as provided in §§ 151.60 through 151.65, Appeals and Variances.
   (D)   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(Ord. 7-2022, passed 10-3-22)
§ 151.32 USE OF PRELIMINARY FLOOD INSURANCE RATE MAP AND/OR FLOOD INSURANCE STUDY DATA.
   (A)   Zone A:
      (1)   Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably be utilized as best available data.
      (2)   When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
   (B)   Zones AE, A1-30, AH, and AO:
      (1)   BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,
         (a)   Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.
         (b)   Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
      (2)   If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of § 151.53(B) since the data in the draft or preliminary FIS represents the best data available.
   (C)   Zones B, C, and X:
      (1)   Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.
(Ord. 7-2022, passed 10-3-22)
§ 151.33 SUBSTANTIAL DAMAGE DETERMINATIONS.
   (A)   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)   Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
   (B)   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.
(Ord. 7-2022, passed 10-3-22)
USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION
§ 151.45 USE REGULATIONS.
   (A)   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in §§ 151.06, 151.31(A), or 151.32.
   (B)   Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the Village of Oak Harbor are allowed provided they meet the provisions of these regulations.
(Ord. 7-2022, passed 10-3-22) Penalty, see § 151.99
§ 151.46 WATER AND WASTEWATER SYSTEMS.
   The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
   (A)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
   (B)   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,
   (C)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(Ord. 7-2022, passed 10-3-22) Penalty, see § 151.99
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