(a) Establishment of Development Permit. A Development Permit shall be obtained from the Director of the Summit County Building Inspection Department before construction or development begins within any area of special flood hazard established in Section 1321.05
(b). Application for a Development Permit shall be made on forms furnished by the Village of Peninsula and may include, but not be limited to: plans in duplicate 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. Specifically, the following information is required if base flood elevation data are available:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized;
(2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be flood proofed in accordance with Section 1321.07(b)(2)A.;
(3) Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 1321.07(b)(2)A. 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 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 development activities (except for filing and grading) valued at less than $1,000.00.
(c) Designation of the Floodplain Management Chapter Administrator. The Director of the Summit County Building Inspection Department is hereby appointed to act as the Floodplain Management Chapter Administrator (hereinafter "Administrator") and to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(d) Duties and Responsibilities of the Floodplain Management Chapter Administrator. The duties and responsibilities shall include but are not limited to:
(1) Permit review.
A. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
B. 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.
C. 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 1321.07(c)(1) is met.
D. 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.
(2) 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 1321.05
(b) are designated as Zone A on the community's Flood Insurance Rate Map (or Flood Hazard Boundary Map). Within these areas, the Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer Sections 1321.07
(b)(1) and (2), and (c) hereof.
(3) 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:
A. 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 whether or not such structures contain an enclosure below the lowest floor;
B. For all new or substantially-improved flood proofed nonresidential structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood proofed; and,
2. Maintain the flood proofmg certification required in subsection (a)(3) hereof.
C. Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of watercourses.
A. Notify adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Divisions 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.
B. Require that necessary maintenance will be provided for by the applicant for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.
C. Maintain engineering documentation required in subsection (a)(4) hereof that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.
(5) Interpretation of flood boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and elevation 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 subsection (e) hereof.
(6) Alteration of community boundaries. Upon occurrence, notify FEMA in writing whenever the boundaries of the Village of Peninsula 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 Peninsula's Flood Insurance Rate Map accurately represent the Village of Peninsula's boundaries, include within such notification a copy of a map of the Village of Peninsula suitable for reproduction clearly delineating the new corporate limits or the new area for which the Village of Peninsula has assumed or relinquished floodplain management regulatory authority.
(e) Variance Procedure.
(1) Appeal Board.
A. The Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Administrator in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the Board of Appeals, or any taxpayer, may appeal such decision to the Summit County Court of Common Pleas, as provided in Ohio R.C. §2506 et seq.
D. In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6. The necessity to the facility of a waterfront location, where applicable;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
E. Upon consideration of the factors of Section 1321.06(e)(1)D. and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
F. The Board of Appeals shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(2) Conditions for variances.
A. Variances may only be issued where due to physical characteristics of the property compliance with the requirements of this chapter creates an exceptional hardship. Increased cost or inconvenience of meeting the requirements of this chapter do not constitute an exceptional hardship.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 1. to 11. in Section 1321.06(e)(1)D. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Variances may be issued for the repair or rehabilitation of historic structures upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
E. Variances shall only be issued upon a determination that the variance is a minimum necessary, considering the flood hazard, to afford relief.
F. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, case fraud on or victimization of the public as identified in Section 1321.06(e)(1)D. herein, or conflict with existing local laws or ordinances; and
4. A determination that the structure or other development is protected by methods to minimize flood damages.
G. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to build with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 80-2009. Passed 6-8-09.)