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(a) Composition. The Floodway Fringe District shall include all those lands comprising the floodway fringe, as delineated on the Flood Insurance Rate Map. By definition, the Floodway Fringe District commences at the extreme edge of the Floodway District and extends laterally across the floodplain, encompassing the portion of the floodplain that could be completely obstructed without increasing the base flood water surface elevation by more than one foot at any point on the floodplain.
(b) Use Standards.
(1) The primary objective of regulations for land comprising the Floodway Fringe District is to protect both the structure and/or use from damage due to exposure to water wetting during periods of flood.
(2) The proposed development, use or activity shall not, if permitted, endanger the welfare or safety of the community during periods of flood.
(c) Permitted Uses. To the extent not otherwise prohibited by subdivision rules and regulations, the Building Code or other City regulations, any use permitted under Section 1149.11
(c) or by base zoning in any portion of a base zoning district included within the Floodway Fringe District shall be permitted in that portion of the Floodway Fringe District which includes such base zoning district.
(d) Fill. The deposit of acceptable fill materials shall be permitted within the Floodway Fringe District.
(1) Acceptable fill materials: soils, sands, stone, brick, concrete and reclaimed rubble from demolition projects consisting exclusively of these same materials.
(2) Unacceptable fill materials (organic): No organic materials such as tires, mattresses, garbage, offal, leaves, wood products, plastics, petroleum residues, etc., shall be deposited within this District.
(3) Unacceptable fill materials (inorganic): No metals, glass, pottery or other inorganic materials other than those permitted in paragraph (1) hereof shall be deposited within this District.
(e) Structures.
(1) Any new structure or substantial improvement erected within the Floodway Fringe District shall be so sited that the lowest floor, including basement floor, is at an elevation not less than the regulatory flood protection elevation.
(2) When fill is used to increase the elevation of a site on which a structure or substantial improvement is to be erected, such site shall be filled and compacted to an elevation not less than one foot below the regulatory flood protection elevation, and shall extend at such elevation for not less than fifteen feet beyond the external limits of any structure or substantial improvement erected thereon.
(3) Each habitable structure shall include at least one exit leading directly on to a walkway, driveway or roadway whose surface elevation is not less than the regulatory flood protection elevation, and such escape route shall lead directly out of the flood plain area.
(4) All new and substantially improved residential and nonresidential nonbasement structures which are elevated to the base flood elevation using pilings, columns, posts or solid foundation perimeter wall with openings sufficient to allow unimpeded movement of flood waters shall be known as "enclosures below lowest floor". Fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must:
A. Be certified by a registered professional engineer or architect; or
B. Must meet or exceed the following criteria:
1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(f) Manufactured Homes. A separate permit application shall be filed for each manufactured home or similar unit, regardless of proposed use, which is to be located in the Floodway Fringe District and is not subject to the manufactured home requirements of Ohio R.C. Chapter 3733. The permit application shall be reviewed by the Floodplain Administrator to assure compliance with the following provisions and criteria:
(1) A manufactured home may be located only on a site which has been filled and compacted to an elevation not less than the regulatory flood protection elevation.
(2) The area of the filled site for each manufactured home shall be not less than 4,000 square feet.
(3) The manufactured home shall not be located nearer than fifteen feet to any boundary of the site.
(4) Each manufactured home site shall have direct access to a walkway, driveway, or roadway whose surface elevation is not less than the regulatory flood protection elevation and such escape route shall lead directly out of the floodplain area.
(5) Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for those units exceeding fifty feet in length. For units less than fifty feet in length, one additional tie shall be provided per side.
(6) Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate points for those units exceeding fifty feet in length. For units less than fifty feet in length, four additional ties shall be provided per side.
(7) All components of the anchoring system shall be capable of carrying a stress force of no less than 4,800 pounds.
(8) Any additions to the manufactured home shall be similarly anchored.
(9) Provisions shall be made for adequate surface drainage.
(10) Access shall be provided for a manufactured home hauler at an elevation not less than the regulatory flood protection elevation.
(11) Such standards shall also apply to all recreational vehicles that are either:
A. Located on sites for 180 days or more, or
B. Are not fully licensed and ready for highway use.
(g) Storage.
(1) There shall be no storage or processing of materials and/or substances that are, in the time of flooding, buoyant or which are flammable, explosive or which could be injurious to humans, animals, plant life or aquatic life at an elevation less than the regulatory flood protection elevation.
(2) Storage of nonbuoyant materials and/or equipment which are not subject to major damage by floods is permitted at elevations less than the regulatory flood protection elevation.
(a) Composition. The Limited Special Flood Hazard District shall include all those lands identified as unnumbered A Zones on the Flood Insurance Rate Map except those areas identified as floodway and floodway fringe and delineated as such on the Flood Insurance Rate Map.
(b) Use Standards.
(1) The provisions of this section shall apply to any designated flood hazard area not specifically included within either a Floodway District or a Floodway Fringe District and which has been assigned an unnumbered A Zone flood risk on the Flood Insurance Rate Map.
A. A-1 through A-30;
B. A; or
C. AO.
(2) That floodway necessary to convey the base flood run-off for any small watercourse or drainage ditch in this District may be officially designated as LSD-floodway by the Flood Plain Administrator.
(c) Special Criteria for Flood Plain Development Permit.
(1) The Administrator shall determine the flooding threat at the specific site of the proposed use.
(2) The Administrator shall determine the impact upon the base flood water surface level, and the effects therefrom, on both existing and probable future developments along the full extent of the ditch or watercourse.
(3) The Administrator may require that the applicant submit detailed calculations made by a qualified professional engineer, registered in the State of Ohio, to assist in the determinations required by paragraphs (1) and (2) hereof.
(4) The Administrator shall evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this Chapter and the standards established herein.
(d) Standards for LSD Floodway.
(1) The Administrator shall set the base flood water surface elevation for each reach or interval of 1,000 feet along the ditch or watercourse. Where base flood water surface elevations have already been determined and published by an official agency of the State or the United States government, the Administrator shall set the base flood water surface elevations as so determined and published.
(2) Unless already determined and published by an official agency of the State or the United States government, the Administrator shall set the base flood water surface elevations at such elevations as to offer minimum flooding risk to both existing or reasonably anticipated development.
(3) The Administrator shall compute the floodway cross-section required to convey the base flood without exceeding the designated base flood water surface elevation for each reach or interval.
(4) The computed floodway shall be transferred to an appropriate large scale map having a contour interval not exceeding two feet. Specific boundaries shall be set on either side of the ditch or watercourse based upon the profile of the existing channel and flood plains. That land lying between the two boundaries shall constitute an LSD floodway and shall be so designated on the Official Zoning Map.
(5) All provisions set forth in Section 1149.11, Floodway District, shall apply to any lands designated as LSD floodway.
(e) Other Lands Within the Limited Special Flood Hazard District.
(1) Any lands lying within the Limited Special Flood Hazard District but not included in an LSD floodway as herein defined, shall be treated in the same manner as lands lying within a Floodway Fringe District, and the provisions of Section 1149.12
shall apply. The Administrator shall set a base flood water surface elevation where necessary.
(2) On any land designated as AO on the Flood Insurance Rate Map (FIRM), all new construction or substantial improvements to either residential or nonresidential structures shall have the lowest floor, including basement floor, elevated above the crown of the nearest street to, or above, the depth number specified on the FIRM. Attendant utility and sanitary facilities shall be installed at or above the same minimum elevation, or completely floodproofed as required under other sections of this Chapter.
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 Section 1149.001(d), 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. The basic fee for a flood plain development permit shall be seventy-five dollars ($75.00) except for an accessory use or structure to an existing use or structure when the proposed accessory use or structure will reasonably cost less than five thousand dollars ($5,000.00) in which event the basic fee shall be fifteen dollars ($15.00). an additional charge shall be charged to the applicant should the nature of the application require more than two hours of municipal employee time, including, but not limited to, the Administrator, engineering, inspection and clerical. The additional time shall be charged at the rate of twenty-five dollars ($25.00) per hour for each additional hour, or fraction thereof. Should the Administrator require information beyond the capabilities available to the City, the services of qualified private consultants and/or technical firms may be enlisted by agreement and upon authorization signed by the applicant. Such consultant and/or technical firm shall report directly to the Administrator. However, the full cost of all such services shall be borne solely by the applicant.
(Ord. 75-2011. Passed 8-15-11.)
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 Section 1149.36
(f).
(2) Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1149.36
(e)(5) 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 Section 1149.36
(j).
(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 Section 1149.36(j)(2).
(5) A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1149.36(j)(1).
(6) Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1149.36(d).
(Ord. 75-2011. Passed 8-15-11.)
An application for a floodplain development permit shall not be required for:
(a) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
(b) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(c) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
(d) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
(e) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(Ord. 75-2011. Passed 8-15-11.)
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 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 Section 1149.221(a), a Letter of Map Revision.
(Ord. 75-2011. Passed 8-15-11.)
(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 Section 1149.15 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.
(c) Within thirty (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 (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(Ord. 75-2011. Passed 8-15-11.)
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