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 § 154.05, 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.
(A) Application required. 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:
(1) 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.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) 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:
(a) Floodproofing certification for non-residential floodproofed structure as required in § 154.20(E).
(b) Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of § 154.20(D)(5) are designed to automatically equalize hydrostatic flood forces.
(c) 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 § 154.21(C).
(d) 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 in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by § 154.21(B).
(e) A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by § 154.21(A).
(f)
Generation of base flood elevation(s) for subdivision and other new developments as required by § 154.20(C).
(6) Applicable fees for a floodplain development permit, including the processing base fee, flood control fees, and applicable penalty fees, as set forth in § 152.20(G) shall be paid before the permit authorized by Chapter 154 herein is issued.
(B) Review and approval of a floodplain development permit application.
(1) Review.
(a) 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 § 154.16(A) has been received by the Floodplain Administrator.
(b) 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.
(2) Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one year. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(C) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(D) Post-construction certifications required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) 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 areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of § 154.17(A), a Letter of Map Revision.
(3) 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.
(E) Revoking a floodplain development permit. 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 Board of Housing, Building and Fire Appeals in accordance with § 154.22 of these regulations.
(F) Exemption from filing a development permit. 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.
(G) State and federal development.
(1) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.
(2) 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. Section 1521.13. This includes, but is not limited to:
(a) 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 O.A.C. Section 4781-12.
(b) Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.
(c) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.
(3) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.
(a) 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. 18-2004, passed 5-5-04; Am. Ord. 40-2022, passed 12-21-22; Am. Ord. 04-2024, passed 2-7-24) Penalty, see §
154.99