1365.05 REVIEW AND APPROVAL OF FLOODPLAIN PERMIT APPLICATION.

   (a)   Review.

      (1)   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 permit application shall be reviewed until all information required in Section 1365.04 has been received by the Floodplain Administrator.

      (2)   The Floodplain Administrator shall review all floodplain 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.

   (b)   Approval. 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 permit shall be issued. All floodplain permits shall be conditional upon the commencement of work within one (1) year. A floodplain permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(Ord. 2007-25. Passed 5-21-07.)

1365.06 INSPECTIONS.

   The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(Ord. 2007-25. Passed 5-21-07.)

1365.07 POST-CONSTRUCTION CERTIFICATIONS REQUIRED.

The following as-built certifications are required after a floodplain 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 1365.10(a), a Letter of Map Revision.
(Ord. 2007-25. Passed 5-21-07.)

1365.08 REVOKING A FLOODPLAIN PERMIT.

   A floodplain 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 City of Wooster Building Board of Appeals, in accordance with Chapter 1369.

(Ord. 2007-25. Passed 5-21-07.)

1365.09 EXEMPTION FROM FILING A FLOODPLAIN PERMIT.

   An application for a floodplain 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. 2007-25. Passed 5-21-07.)

1365.10 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 City of Wooster flood maps, studies and other data identified in Section 1361.06 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 large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1367.03.

      (2)   It is the responsibility of the applicant to have technical data, required in accordance with Section 1365.10(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 areas where FEMA has provided base flood elevations but no floodway.

      (4)   Floodplain 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 subsection (a)(1) hereof.

   (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 Mayor of the City of Wooster, 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 City of Wooster 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 City of Wooster’s Flood Insurance Rate Map accurately represent the City’s boundaries, include within such notification a copy of a map of the City suitable for reproduction, clearly showing the new corporate limits or the new area for which the City has assumed or relinquished floodplain management regulatory authority.

         (Ord. 2007-25. Passed 5-21-07.)

1365.11 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)   When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

      (1)   Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

      (2)   Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

   (d)   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 Chapter 1369.

   (e)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(Ord. 2007-25. Passed 5-21-07.)