(a) Establishment of Development Permit. A Development Permit shall be obtained before construction or in Section 1331.03
(b). Application for a Development Permit shall be made on forms furnished by the Mayor and may include, but not 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; and, a description of the extent to which any watercourse will be altered or relocated as a result of proposed development. If base flood elevation data are available, the following information is also required:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures;
(2) Elevation in relation to mean sea level to which any proposed structure will be floodproofed; and
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1331.05(b)(2).
(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.
(c) Designation of the Flood Damage Prevention Administrator. The Mayor is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(d) Duties and Responsibilities of the Mayor. 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.
C. Review all development permits to determine if the proposed development is located within a designated floodway. Floodways may be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provision of Section 1331.05(c)(1) is met.
(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 are designated as Zone A on the community’s Flood Insurance Rate Map (or Flood Hazard Boundary Map). Within these areas, the Mayor shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Section 1331.05
(b)(1), (2) and (c).
(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 Hazard Boundary Map or 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 a basement.
B. For all new or substantially-improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and
2. Maintain the floodproofing certifications required in Section 1331.04(a)(3).
C. Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of Watercourses.
A. Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
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.
(5) Interpretation of Flood Boundaries. Make interpretation, 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). Th person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (e) hereof.
(e) Variance Procedure.
(1) Appeal Board.
A. The Board of Appeals as established by the Village of Windham shall hear and decide appeals and request 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 Mayor 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 Portage County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
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 developments;
8. The relationship of the proposed use to the comprehensive plan and flood plain 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 cost 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 subsection (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 purposes of this chapter.
F. The Mayor 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. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (e)(1)D. have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variances increases.
B. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Resister of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 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; and
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, cause fraud on or victimization of the public as identified in subsection (e)(1)D., or conflict with existing local laws or ordinances.
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1296. Passed 8-25-87.)