SPECIAL PURPOSE
FLOOD DAMAGE
REDUCTION ORDINANCE
VILLAGE OF
ORDINANCE NO. 596-04
SECTION 1.0: GENERAL
PROVISIONS
1.1 Statutory Authorization
ARTICLE XVIII, Section 3, of the Ohio
Constitution grants municipalities the legal authority to adopt land use and
control measures for promoting the health, safety, and general welfare of its
citizens. Therefore, the Council of the
Village of Chippewa Lake,
1.2 Findings of Fact
The Village of Chippewa Lake has special
flood hazard areas that are subject to periodic inundation
which may result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax
base. Additionally, structures that are
inadequately elevated, floodproofed, or otherwise
protected from flood damage also contribute to the flood loss. In order to minimize the threat of such
damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
1.3 Statement of Purpose
It is the purpose of these regulations
to promote the public health, safety and general welfare, and to:
A. Protect human life and health;
B.
Minimize
expenditure of public money for costly flood control projects;
C.
Minimize
the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and
utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of
special flood hazard;
F. Help maintain a stable tax base by
providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight
areas;
G. Ensure that those who occupy the areas of
special flood hazard assume responsibility for their actions;
H.
Minimize the impact of development on adjacent
properties
within and near flood prone areas;
I. Ensure that the flood storage and conveyance
functions of the
floodplain are maintained;
J. Minimize the impact of development on the
natural, beneficial values of the floodplain;
K. Prevent floodplain uses that are either
hazardous or environmentally incompatible; and
L. Meet community participation requirements
of the National Flood
Insurance Program.
1.4 Methods of Reducing
Flood Loss
In order to accomplish its purposes,
these regulations include methods and provisions for:
1.
A. Restricting or prohibiting uses which are
dangerous to health, safety, and property due to water hazards, or which result
in damaging increases in flood heights or velocities;
B. Requiring that uses vulnerable to floods,
including facilities, which serve such uses, be protected
against flood damage at the time of initial construction;
C. Controlling the alteration of natural
floodplains, stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging,
excavating, and other development which may increase flood damage; and,
E. Preventing or regulating the construction
of flood barriers which will
unnaturally divert flood waters or which may increase
flood hazards in other areas.
1.5 Lands to Which These
Regulations Apply
These regulations shall apply to all
areas of special flood hazard within the jurisdiction of the Village of
Chippewa Lake as identified in Section 1.6, including any additional areas of
special flood hazard annexed by the Village of Chippewa Lake.
1.6 Basis for Establishing
the Areas of Special Flood Hazard
For the purposes of these regulations,
the following studies and / or maps are adopted:
A.
“
B. Any hydrologic and hydraulic engineering
analysis authored by a registered Professional Engineer in the State of Ohio
which has been approved by the Village of Chippewa Lake as required by Section
4.3 Subdivisions and Large Scale Developments.
Any revisions to the aforementioned maps
and / or studies are hereby
adopted by reference and declared to be a part of these
regulations. Such maps and/or studies
are on file at the Office of the Clerk of the Village,
1.7 Abrogation and Greater
Restrictions
These regulations are
not intended to repeal any existing ordinances including subdivision
regulations, zoning or building codes.
In the event of a conflict between these regulations and any other
ordinance, the more restrictive shall be followed. These regulations shall not impair any deed
restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
1.8 Interpretation
In the interpretation and application of
these regulations, all provisions shall be:
A.
Considered as minimum requirements;
B. Liberally construed in favor of the
governing body; and,
Deemed neither to limit nor repeal any
other powers granted under
2.
state statutes. Where
a provision of these regulations may be in
conflict with a state or
Federal law, such state or Federal law shall take precedence over these
regulations.
1.9 Warning and Disclaimer
of Liability
The degree of flood protection required
by these regulations is considered reasonable for
regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and
will occur on rare occasions. Flood
heights may be increased by man-made or natural
causes. These regulations do not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from flooding or
flood damage. These regulations shall not create liability on the part of the
Village of Chippewa Lake, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damage that results from reliance on
these regulations or any administrative decision lawfully made thereunder.
1.10 Severability
Should any section or provision of these
regulations be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the regulations as a whole, or any
part thereof other than the part so declared to be
unconstitutional or invalid.
SECTION 2.0: DEFINITIONS
Unless specifically defined below, words or phrases used in these
regulations shall be interpreted so as to give them
the meaning they have in common usage and to give these regulations the most
reasonable application.
Accessory Structure
A structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal structure.
Appeal
A request for review of the floodplain
administrator's interpretation of any provision of these regulations or a
request for a variance.
Base Flood
The flood having a one percent chance of being equaled
or exceeded in any given year. The base flood may also be
referred to as the 1% chance annual flood or one hundred (100) year
flood.
Base (100-Year) Flood Elevation (BFE)
The water surface elevation of the base flood
in relation to a specified datum, usually the National Geodetic Vertical Datum
of 1929 or the North American Vertical Datum of 1988, and usually expressed in
Feet Mean Sea Level (MSL). In Zone AO
areas, the base flood elevation is the natural grade elevation plus the
depth number (from 1 to 3 feet).
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
Development
Any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
Enclosure Below the Lowest Floor
See 'Lowest Floor.'
3.
Executive Order 11988 (Floodplain Management)
Issued by President Carter in 1977, this order requires that no
federally assisted activities be conducted in or have the potential to affect
identified special flood hazard areas, unless there is no practicable
alternative.
Federal Emergency Management Agency (FEMA)
The agency with the overall responsibility for
administering the National Flood Insurance Program.
Fill
A deposit of earth material placed by artificial
means.
Flood or Flooding
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters,
and/or
2. The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM)
Usually the initial map, produced by the
Federal Emergency Management Agency, or U.S. Department of Housing and Urban
Development, for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM)
An official map on which the Federal Emergency
Management Agency or the U.S. Department of Housing and Urban Development has
delineated the areas of special flood hazard.
Flood Insurance Risk Zones
Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in
specific areas of a community. Following
are the zone definitions:
Zone A:
Special flood hazard areas inundated by
the 100-year flood; base flood elevations are not determined.
Zones A1-30 and Zone
AE:
Special flood hazard areas inundated by
the 100-year flood; base flood elevations are determined.
Zone AO:
Special flood hazard areas inundated by
the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on
sloping terrain); average depths are determined.
Zone AH:
Special flood hazard areas inundated by
the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
Zone A99:
Special flood hazard areas inundated by
the 100-year flood to be protected from the 100-year flood by a Federal flood
protection system under construction; no base flood elevations are determined.
Zone B and Zone X
(shaded):
Areas of 500-year flood; areas subject
to the 100-year flood with average depths of less than 1 foot or with
contributing drainage area less than 1 square mile; and areas protected by
levees from the base flood.
Zone C and Zone X (unshaded):
Areas determined to be
outside the 500-year floodplain.
4.
Flood Insurance Study (FIS)
The official report in which the Federal Emergency Management Agency
or the U.S. Department of Housing and Urban Development has provided flood
profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway
Maps), and the water surface elevations of the base flood.
Flood Protection Elevation
The Flood Protection Elevation, or FPE, is the base flood
elevation plus one (1) foot of freeboard.
In areas where no base flood elevations exist from any authoritative
source, the flood protection elevation can be historical flood elevations, or
base flood elevations determined and/or approved by the floodplain
administrator.
Floodway
A floodway is the channel of a river or other watercourse and the
adjacent land areas that have been reserved in order
to pass the base flood discharge. A
floodway is typically determined through a hydraulic and hydrologic engineering
analysis such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height. In no case shall the designated height be
more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually
characterized by any of the following:
Moderate to high velocity flood waters, high
potential for debris and projectile impacts, and moderate to high erosion forces.
Freeboard
A factor of safety usually expressed in feet above a flood level
for the purposes of floodplain management.
Freeboard tends to compensate for the many
unknown factors that could contribute to flood
heights greater than the height
calculated for a selected size flood and floodway
conditions, such as wave action, obstructed bridge openings, debris and ice
jams, and the hydrologic effect of urbanization in a watershed.
Historic Structure
Any structure that is:
1. Listed individually in the National Register
of Historic Places (a listing maintained by the U.S. Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listings on the National Register;
2. Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district; or
3. Individually listed on the State of
5.
Hydrologic and Hydraulic Engineering Analysis
An analysis performed by a professional engineer, registered in
the State of
Letter of Map Change (LOMC)
A Letter of Map Change is an official FEMA determination, by
letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary
and Floodway Maps, and Flood Insurance Studies.
LOMC's are broken down into the following
categories:
Letter of Map Amendment (LOMA)
A revision based on technical data
showing that a property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current
effective Flood Insurance Rate Map and establishes that a specific property is
not located in a special flood hazard area.
Letter of Map
Revision (LOMR)
A revision based on technical data that,
usually due to manmade changes, shows changes to flood zones, flood elevations,
floodplain and floodway delineations, and planimetric
features. One common type of LOMR, a
LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and
is, therefore, excluded from the special flood hazard area.
Conditional Letter
of Map Revision (CLOMR)
A formal review and comment by FEMA as
to whether a proposed project complies with the minimum National Flood
Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective
Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance
Studies.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement)
of a structure. This definition excludes
an 'enclosure below the lowest floor' which is an unfinished or flood resistant
enclosure usable solely for parking of vehicles, building access or storage, in
an area other than a basement area, provided that such enclosure is built in
accordance with the applicable design requirements specified in these
regulations for enclosures
below the lowest floor.
Manufactured Home
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities. The
term 'manufactured home' does not include a 'recreational vehicle'. For the purposes of these regulations, a
manufactured home includes manufactured homes and mobile homes as defined in
Chapter 3733 of the Ohio Revised Code.
6.
Manufactured
As specified in the Ohio Administrative Code 3701-27-01, a
manufactured home park means any tract of land upon which three or more
manufactured homes, used for habitation are parked,
either free of charge or for revenue purposes, and includes any roadway,
building, structure, vehicle, or enclosure used or intended for use as part of the
facilities of the park. A tract of land
that is subdivided and the individual lots are not for
rent or rented, but are for sale or sold for the purpose of installation of
manufactured homes on the lots, is not a manufactured home park, even though
three or more manufactured homes are parked thereon, if the roadways are
dedicated to the local government authority.
National Flood Insurance Program (NFIP)
The NFIP is a Federal program enabling property owners in
participating communities to purchase insurance protection against losses from
flooding. This insurance is designed to provide an insurance alternative to disaster
assistance to meet the escalating costs of repairing damage to buildings and
their contents caused by floods.
Participation in the NFIP is based on an
agreement between local communities and the Federal government that states if a
community will adopt and enforce floodplain management regulations to reduce
future flood risks to all development in special flood hazard areas, the Federal
government will make flood insurance available within the community as a
financial protection against flood loss.
New Construction
Structures for which the 'start of construction' commenced on or
after the initial effective date of the Village of Chippewa Lake and its
predecessor Villages Flood Insurance Rate Maps listed in Section 1.6 hereof and
includes any subsequent improvements to such structures.
Person
Includes any individual or group of individuals,
corporation, partnership, association, or any other entity, including state and
local governments and agencies.
An agency is further defined in the Ohio Revised Code Section 111.15 as
any governmental entity of the state and includes, but is not limited to, any
board, department, division, commission, bureau, society, council, institution,
state college or university, community college district, technical college
district, or state community college.
'Agency' does not include the general assembly, the controlling board,
the adjutant general's department, or any court.
Recreational Vehicle
A vehicle which is (1) built on a single chassis, (2) 400 square
feet or less when measured at the largest horizontal projection, (3) designed
to be self-propelled or permanently towable by a light duty truck, and (4)
designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Registered Professional Architect
A person registered to engage in the practice of architecture under
the provisions of sections 4703.01 to 4703.19 of the Revised Code.
Registered Professional Engineer
A person registered as a professional engineer under Chapter 4733
of the Revised Code.
7.
Registered Professional Surveyor
A person registered as a professional surveyor under Chapter 4733
of the Revised Code.
Special Flood Hazard Area
Also known as 'Areas of Special Flood Hazard', it is the land in
the floodplain subject to a one percent or greater chance of flooding in any
given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on
Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway
Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and
A99. Special flood hazard areas may also
refer to areas that are flood prone and designated from other federal state or
local sources of data including but not limited to historical flood information
reflecting high water marks, previous flood inundation areas, and flood prone
soils associated with a watercourse.
Start of Construction
The date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days
of the permit date. The actual start
means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does
it
include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual
start
of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of a building.
Structure
A walled and roofed building, manufactured home, or gas or liquid
storage tank that is principally above ground.
Substantial Damage
Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial Improvement
Any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the 'start of construction'
of the improvement. This term
includes structures which have incurred 'substantial
damage', regardless of the actual repair work performed. The term does not, however,
include:
1. Any improvement to a structure
which is considered 'new construction,'
2.
Any
project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code
8.
specifications which have been
identified prior to the application
for a development
permit by the local code enforcement official and which are the minimum necessary to assure
safe living conditions; or
3. Any alteration of a 'historic structure,'
provided that the alteration will not preclude the
structure's continued designation as a 'historic structure'.
Variance
A grant of relief from the standards of these regulations
consistent with the variance conditions herein.
Violation
The failure of a structure or other development to
be fully compliant with these regulations.
SECTION 3.0:
ADMINISTRATION
3.1 (A) Designation
of the Floodplain Administration Board
The Zoning Board, consisting of those
members as set forth in Ordinance No. 536-02 of the Village or any amendments
thereto, is hereby designated to issue or deny permits
in compliance with these regulations.
Zoning Board members may not simultaneously serve on the Appeals Board
[See Section 5.1].
(B) Designation
of the Floodplain Administrator
The Village Zoning Inspector is hereby appointed to administer and implement these
regulations and is referred to herein as the Floodplain Administrator.
3.2 Duties and
Responsibilities of the Floodplain Administrator
The duties and responsibilities of the
Floodplain Administrator shall include but are not limited to:
A. Receive applications for permits to develop
in special
flood hazard areas.
B.
Interpret floodplain boundaries and provide flood
hazard and flood
protection elevation information.
C. Make recommendations to the Village Zoning
Board on whether to issue permits to develop in special flood hazard areas when
the provisions of these regulations have been met, or
to refuse to issue the same in the event of noncompliance.
D. Inspect buildings and lands to determine
whether any violations of these regulations have been committed.
E. Make and permanently keep all records for
public inspection necessary for the administration of these regulations
including Flood Insurance Rate Maps, Letters of Map Amendment and Revision,
records of issuance and denial of
permits to develop in special flood hazard areas, determinations of whether
development is in or out of special flood hazard areas for the purpose of
issuing floodplain development permits, elevation certificates, variances, and
records of enforcement actions taken for violations of these regulations.
F. Enforce the provisions of these
regulations.
G. Provide information, testimony, or other
evidence as needed during variance
hearings.
9.
H.
Coordinate map maintenance activities and FEMA follow-up.
I. Conduct substantial damage determinations
to determine whether existing structures, damaged from any source and in
special flood hazard areas identified by FEMA, must meet the development
standards of these regulations.
3.3 Floodplain Development
Permits
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 1.6, until a floodplain development permit is
obtained from the Zoning Board.
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 Zoning Board until the requirements of
these regulations have been met.
3.4 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 Zoning Board 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 Zoning Board to determine
conformance with, and provide enforcement of these regulations.
E. Technical analyses conducted by the
appropriate design professional registered in the State of
1. Floodproofing
certification for non-residential floodproofed
structure as required in Section 4.5.
2. Certification that fully enclosed areas
below the lowest floor of a structure not meeting the design requirements of
Section 4.4(E) are designed to automatically equalize
hydrostatic flood forces.
10.
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 4.9(C).
3.
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 4.9(B).
5. A hydrologic and hydraulic engineering
analysis showing impact of any development on flood heights in an identified
floodway as required by Section 4.9(A).
6. Generation of base flood elevation(s) for
subdivision and large scale developments as required
by Section 4.3.
F. A FLOODPLAIN DEVELOPMENT PERMIT
APPLICATION FEE SET BY THE SCHEDULE OF FEES ADOPTED BY THE VILLAGE COUNCIL.
3.5 Review and Approval of a Floodplain
Development Permit Application
A. Review
1. After receipt of a complete application,
the Zoning Board 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
3.4 has been received by the Zoning Board.
2. The Zoning Board 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.
B. Approval
Within thirty (30)
days after the receipt of a complete application, the Zoning Board 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.
3.6 Inspections
The Floodplain Administrator shall make
periodic inspections at appropriate times throughout the period of construction
in order to monitor compliance with permit conditions.
11.
3.7 Post-Construction
Certifications Required
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 3.10(A), a Letter of Map Revision.
3.8 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 Appeals Board in
accordance with Section 5 of these regulations.
3.9 Exemption from Filing a
Development Permit
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.
3.10 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 Village of Chippewa Lake flood maps, studies and other data
identified in Section 1.6 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
12.
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 4.3.
2. It is the responsibility of the applicant
to have technical data, required in accordance with Section 3.10(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 development permits issued by the
Zoning Board shall be conditioned upon the applicant obtaining a Letter of Map
Revision from FEMA for any development proposal subject to Section 3.10(A)(1).
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
Village of Chippewa Lake, 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
Village of Chippewa Lake 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 Chippewa Lake's Flood Insurance
Rate Map accurately represent the Village of Chippewa Lake boundaries, include
within such notification a copy of a map of the Village of Chippewa Lake
suitable for reproduction, clearly showing the new
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corporate limits or the
new area for which the Village of Chippewa Lake has assumed or relinquished
floodplain management regulatory authority.
3.11
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 Zoning Board 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 Section
5.0, Appeals and Variances.
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.
3.12 Substantial Damage
Determinations
Damages to structures may result from a
variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain
Administrator shall:
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A. Determine whether damaged structures are
located in special flood hazard areas;
B. Conduct substantial damage determinations
for damaged structures located in special flood hazard areas; and
C. Make reasonable attempt to notify owners of
substantially damaged structures of the
need to obtain a floodplain development permit prior to repair, rehabilitation,
or reconstruction.
Additionally, the Floodplain
Administrator many implement other measures to assist with the substantial
damage determination and subsequent repair process. These measures include
issuing press releases, public service announcements, and other public
information materials related to the flooplain
development permits and repair of damaged structures; coordinating with other
federal, state, and local agencies to assist with substantial damage
determinations; providing owners of damaged structures materials and other
information related to the proper repair of damaged structures in special flood
hazard areas; and assist owners of substantially damaged structures with
Increased Cost of Compliance insurance claims.
SECTION
4.0: USE AND DEVELOPMENT STANDARDS FOR
FLOOD HAZARD REDUCTION
The following use and development standards apply to development
wholly within, partially within, or in contact with any special flood hazard
area as established in Section 1.6 or 3.11(A):
4.1 Use Regulations
A. Permitted Uses
All uses not otherwise prohibited in
this section or any other applicable land use regulation adopted by the Village
of Chippewa Lake are allowed provided they meet the provisions of these
regulations.
B. Prohibited Uses
1. Private water supply systems in all special
flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio
Revised Code.
2. Infectious waste treatment facilities in
all special flood hazard areas, permitted under Section 3734 of the Ohio
Revised Code.
4.2 Water and Wastewater
Systems
The following standards apply to all
water supply, sanitary sewerage and waste disposal systems not otherwise
regulated by the Ohio Revised Code:
A. All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of flood waters
into the systems;
B. New and replacement sanitary sewerage
systems shall be designed to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systems into flood waters; and,
C. On-site waste disposal systems shall be
located to avoid impairment to or contamination from them during flooding.
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4.3 Subdivisions and Large
Developments
A. All subdivision proposals shall be
consistent with the need to minimize flood damage and are subject to all
applicable standards in these regulations;
B. All
subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize flood
damage;
C. All subdivision proposals shall have
adequate drainage provided to reduce exposure to flood damage; and
D. In all areas of special flood hazard where
base flood elevation data are not available, the applicant shall provide a
hydrologic and hydraulic engineering analysis that generates base flood
elevations for all subdivision proposals and other proposed developments
containing at least 50 lots or 5 acres, whichever is less.
E. The applicant shall meet the requirement to
submit technical data to FEMA in Section 3.10(A)(1)(d) when a hydrologic and
hydraulic analysis is completed that generates base flood elevations as
required by Section 4.3(D).
4.4 Residential Structures
A. New construction and substantial
improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation
members, is elevated on fill to or above the base flood elevation, the
requirements for anchoring (4.4(A)) and construction materials resistant to flood
damage 4.4(B)) are satisfied.
B. New construction and substantial
improvements shall be constructed with methods and
materials resistant to flood damage.
C. New construction and substantial
improvements shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities that are
designed and/or elevated so as to prevent water from
entering or accumulating within the components during conditions of flooding.
D. New construction and substantial
improvement of any residential structure, including manufactured homes, shall
have the lowest floor, including basement, elevated to or above the flood
protection elevation.
E. New construction and substantial
improvements, including manufactured homes, that do not have basements and that
are elevated to the flood protection elevation using pilings, columns, posts,
or solid foundation perimeter walls with openings sufficient to allow unimpeded
movement of flood waters may have an enclosure below the lowest floor provided
the enclosure meets the following standards:
1. Be used only for the parking of vehicles,
building access, or storage; and
2. be designed and certified by a registered
professional engineer or architect to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters; or
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3. have a minimum of two openings on different
walls having a total net area not less
than one square inch for every square foot of enclosed area, and the bottom of
all such openings being no higher than one foot above grade. The openings may be equipped with screens,
louvers, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
F. Manufactured homes shall
be affixed to a permanent foundation and anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors.
G. Repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a historic structure and
is the minimum necessary to preserve the historic character and design of the
structure, shall be exempt from the development standards of Section 4.4.
4.5 Nonresidential
Structures
A. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure
shall meet the requirements of Section 4.4 (A) - (C) and (E) - (G).
B. New construction and substantial
improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement,
elevated to or above the level of the flood protection elevation; or, together
with attendant utility and sanitary facilities, shall meet all of the following
standards:
1. Be dry floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water to the level of the flood
protection elevation;