Chapter 1353: Flood Damage Prevention

Sections

1353.01 Statutory authorization; findings of fact; purpose and objectives
1353.02 Definitions
1353.03 General provisions
1353.04 Administration
1353.05 Variance procedure
1353.06 Provisions for flood hazard reduction
1353.07 Floodways
1353.08 Establishment of buffer area
1353.09 FEMA letters for map revisions and amendments
1353.99 Violations and penalties

Cross references

Reduction of assessed valuation for establishing reservoirs - see Ohio R.C. 1521.09
Construction permits and prohibitions for dams, dikes and levees - see Ohio R.C. 1521.06
Flood control bonds; public capital improvements - see Ohio Const., Art. VIII, §2(i); Ohio R.C. 129.70 et seq.
Basis of zoning districts - see Ohio R.C. 713.10

1353.01 Statutory authorization; findings of fact; purpose and objectives

(a) 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 Chagrin Falls, State of Ohio does ordain as follows:
(b) Findings of Fact.
1. (1) The flood hazard areas of the Village 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, all of which adversely affect the public health, safety and general welfare.
2. (2) Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
(c) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. (1) Protect human life and health;
2. (2) Minimize expenditure of public money for costly flood control projects;
3. (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. (4) Minimize prolonged business interruptions;
5. (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in special flood hazard areas;
6. (6) Help maintain a stable tax base by providing for the proper use and development of special flood hazard areas so as to minimize future flood blight areas;
7. (7) Ensure that those who occupy the special flood hazard areas assume responsibility for their actions.
8. (8) Make federally subsidized flood insurance available for property within the Village by fulfilling the requirements of the National Flood Insurance Program.
9. (9) Protect the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, reduce soil erosion, provide aesthetic benefits and enhance community and economic development.
(d) Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
1. (1) 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;
2. (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. (3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
4. (4) Controlling filling, grading, dredging and other development which may increase flood damage; and
5. (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
  (Ord. 2005-22. Passed 4-11-05.)

1353.02 Definitions

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(a) “Accessory structure” means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) “Appeal” means a request for a review of the Chief Administrative Officer’s interpretation of any provision of this chapter or a request for a variance.
(c) “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one hundred-year flood.
(d) “Base (100-Year) Flood Elevation (BFE)” means 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).
(e) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
(f) “Development” means any man-made 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.
(g) “Executive Order 11988 (Floodplain Management)” means the Executive Order issued by President Carter in 1977, that 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.
(h) “Federal Emergency Management Agency (FEMA)” means the agency with the overall responsibility for administering the National Flood Insurance Program.
(i) “Fill” means a deposit of earth material placed by artificial means.
(j) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. (1) The overflow of inland or tidal waters; and/or
2. (2) The unusual and rapid accumulation or runoff of surface waters from any source.
(k) “Flood Hazard Boundary Map (FHBM)” means 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.
(l) “Flood Insurance Rate Map (FIRM)” means an official map on which the Federal Emergency Management Agency has delineated the special flood hazard areas.
(m) “Flood Insurance Risk Zones” means 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 Al-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.
(n) “Flood Insurance Study” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.
(o) “Flood protection elevation (FPE)” means the base flood elevation plus eighteen inches (18″) 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.
(p) “Floodway” means 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.
(q) “Freeboard” means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, encroachment in the floodway fringe, and unpredictable effects such as those caused by ice or debris jams.
(r) “Historic structure” means any structure that is:
1. (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. (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. (3) Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio Historic Preservation Office.
(s) “Hydrologic and hydraulic engineering analysis” means an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(t) “Letter of Map Change” means 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 (CLOMP)
  - 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.
(u) “Lowest floor” means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the lowest floor.
(v) “Manufactured home” means 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.
(w) “Manufactured home park” means 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.
(x) “National Flood Insurance Program (NFIP)” means 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.
(y) “New construction” means structures for which the “start of construction” commenced on or after the initial effective date of the Village of Chagrin Falls Flood Insurance Rate Map, July 2, 1980, and includes any subsequent improvements to such structures.
(z) “Person” means 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.
(aa) “Recreational vehicle” means a vehicle which is:
1. (1) Built on a single chassis,
2. (2) 400 square feet or less when measured at the largest horizontal projection,
3. (3) Designed to be self- propelled or permanently towable by a light duty truck, and
4. (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(bb) “Registered Professional Architect” means a person registered to engage in the practice of architecture under the provisions of Sections 4703.01 to 4703.19 of the Ohio Revised Code.
(cc) “Registered Professional Engineer” means a person registered as a professional engineer under Chapter 4733 of the Revised Code.
(dd) “Registered Professional Surveyor” means a person registered as a professional surveyor under Chapter 4733 of the Revised Code.
(ee) “Start of construction” means 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.
1. (1) 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.
2. (2) 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.
3. (3) 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.
(ff) “Special flood hazard area” means the land in the floodplain within a community subject to a one percent (1%) 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 Zone A, AE, AH, AO, Al-30, and A99. Special flood hazard areas may also refer to areas that are floodprone 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 floodprone soils associated with a watercourse.
(gg) “Structure” means a walled and roofed building, manufactured home or gas or liquid storage tank that is principally above ground.
(hh) “Substantial damage” means 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 damage also means flood related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
(ii) “Substantial improvement” means:
1. (1) Any reconstruction, rehabilitation or other improvement of a structure the cost of which equals or exceeds fifty percent (50%) 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.
2. (2) The term does not, however, include:
  1. (A) Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which are the minimum necessary to assure safe living conditions;
  2. (B) Any alteration of a historic provided that the alteration will not preclude the structure’s continued designation as a historic structure.
(jj) “Variance” means a grant of relief from the standards of these regulations consistent with the variance conditions herein.
(kk) “Violation” means the failure of a structure or other development to be fully compliant with this chapter.
(Ord. 2005-22. Passed 4-11-05.)

1353.03 General provisions

(a) Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of the Village as identified by the Section 1353.03(b) including any additional special flood hazard areas annexed by the Village.
(Ord. 2005-22. Passed 4-11-05.)
(b) Basis for Establishing the Special Flood Hazard Areas. For the purposes of these regulations, the following studies and/or maps are adopted:
1. (1) Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Area, prepared by the Federal Emergency Management Agency, effective December 3, 2010.
2. (2) Other studies and/or maps which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
3. (3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio, which has been approved by the Village, as required by Section 1353.06(a)(4) Subdivision Proposals. 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 21 West Washington Street, Chagrin Falls, Ohio.
  (Ord. 2010-45. Passed 9-13-10.)
(c) Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1353.04(b), no structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.
(d) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. (1) Considered as minimum requirements.
2. (2) Liberally construed in favor of the governing body; and,
3. (3) Deemed neither to limit nor repeal any other powers granted under State statutes. Where a provision of this chapter may be in conflict with a State law, such State law shall take precedence over the chapter.
(f) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter 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. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under.
(g) Severability. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2005-22. Passed 4-11-05.)

1353.04 Administration

(a) Establishment of Development Permit. A development permit shall be obtained from the Chief Administrative Officer before construction or development begins within any special flood hazard area established in Section 1353.03(b). Application for a development permit shall be made on forms furnished by the Chief Administrative Officer and may include, but not be limited to: site specific topographic 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. Specifically, the following information is required:
1. (1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized from any source;
2. (2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be floodproofed in accordance with Section 1353.06(b)(2) where base flood elevation data are utilized from any source;
3. (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1353.06(b)(2) where base flood elevation data are utilized from any source;
4. (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished; and,
5. (5) Certification by a registered professional engineer, architect, or surveyor of the structure’s as-built lowest floor or floodproofed elevation.
(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, or for small nonstructural development activities valued at less than one thousand dollars ($1,000). Any proposed action exempt from filing for a development permit is also exempt from the standards of this chapter.
(c) Designation of the Flood Damage Prevention Administrator. The Chief Administrative Officer is hereby appointed to enforce the provisions of these regulations, and, administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(d) Administrator’s Duties. Duties and responsibilities of the Chief Administrative Officer shall include but are not limited to:
1. (1) Determination of hydraulically connected areas.
  1. (A) The Administrator shall interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
  2. (B) If the Administrator determines that a proposed development is near the special flood hazard area, sufficient hydraulic analysis must be provided so that the Administrator can determine if the area is hydraulically connected to the source of flooding in the floodplain.
  3. (C) If an area is determined to be hydraulically connected to the special flood hazard area, sufficient data must be submitted to the Administrator to determine if the property and/or its associated sewers, drains, and lowest floors are at or below the flood protection elevation.
  4. (D) If the Administrator determines the area to be hydraulically connected, and the lowest floor is below the flood protection elevation, the area is subject to all provisions stated in this chapter.
2. (2) Permit review.
  1. (A) Review all development permit applications to determine that the permit requirements of this chapter have been satisfied.
  2. (B) Review all 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.
  3. (C) Review all development permit applications to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also 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 1353.07(a) is met.
  4. (D) Inspect all development projects before, during, and after construction to ensure proper elevation of the structure and to ensure compliance with all provisions of this chapter.
3. (3) Use of other base flood elevation and floodway data. Special flood hazard areas where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1353.03(b), are designated as Zone A on the Village’s Flood Insurance Rate Map. Within these areas, the Chief Administrative Officer 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 Sections 1353.06(b)(1) and (2) and 1353.07.
4. (4) Information to be obtained and maintained by the Village. Where base flood elevation data are utilized within special flood hazard areas on the Village’s Flood Hazard Boundary Map or Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:
  1. (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 record whether or not such structures contain an enclosure below the lowest floor.
  2. (B) For all new or substantially improved floodproofed nonresidential structures:
    1. (1) Verify and record the actual elevation in relation to mean sea level, to which the structure was floodproofed; and,
    2. (2) Maintain the floodproofing certifications required in subsection 1353.06(b)(2) hereof.
  3. (C) Make and permanently keep for public inspection all records 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.
5. (5) Alteration of watercourses.
  1. (A) Notify adjacent communities, the U.S. Army Corps of Engineers, and the State 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. A watercourse is considered to be altered if any change occurs within its banks.
  2. (B) Require that necessary maintenance will be provided for by the applicant for the altered or relocated portion of such watercourse so that the flood-carrying capacity will not be diminished.
  3. (C) Maintain engineering documentation required in Section 1353.04(a)(4) that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.
6. (6) Interpretation and appeals.
  1. (A) Make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. Where a map boundary and elevations disagree, the elevations delineated in the Flood Elevation Profile for the Village shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1353.05.
  2. (B) Provide information, testimony or other evidence as needed during variance hearings.
7. (7) Alteration of Village boundaries. Upon occurrence, notify FEMA in writing whenever the boundaries of the Village of Chagrin Falls have been modified by annexation or the Village 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 Chagrin Falls Flood Insurance Rate Map accurately represents the Village of Chagrin Falls boundaries, include within such notification a copy of a map of the Village of Chagrin Falls suitable for reproduction, clearly delineating showing the new corporate limits or the new area for which the Village of Chagrin Falls has assumed or relinquished floodplain management regulatory authority.
8. (8) Coordination. Coordinate map maintenance activities and FEMA follow-up inspections.
  1. (A) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
  2. (B) 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.
9. (9) 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 Chagrin Falls flood maps, studies and other data identified in Section 1353.03(b) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
  1. (A) Requirement to Submit New Technical Data.
    1. (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:
      1. (a) Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
      2. (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;
      3. (c) Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
      4. (d) Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1353.06(a)(4).
    2. (2) It is the responsibility of the applicant to have technical data, required in accordance with Section 1353.04(d)(9)A.1., 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. (3) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
      1. (a) Proposed floodway encroachments that increase the base flood elevation; and
      2. (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. (4) Floodplain development 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 Section 1353.04(d)(9)A.1.
  2. (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 Chief Administrative Officer of the Village of Chagrin Falls, and may be submitted at any time.
10. (10) Post-construction certifications required: The following as- built certifications are required after a floodplain development permit has been issued:
  1. (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.
  2. (B) For all development activities subject to the standards of Section 1353.04(d)(4), a Letter of Map Revision.
    (Ord. 2005-22. Passed 4-11-05.)

1353.05 Variance procedure

(a) Appeal Board.
1. (1) The Board of Zoning Appeals as established by the Village shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. (2) The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Chief Administrative Officer in the enforcement or administration of this chapter.
3. (3) Meetings and hearings of the Board shall be conducted in accordance with Section 1111.04 of the Zoning Code.
4. (4) Determination of a quorum, requirements for official decisions and the conduct of meetings of the Board shall be in accordance with Section 1111.05 of the Zoning Code.
5. (5) Applications for appeals and variances shall be considered by the Board in accordance with Section 1111.03 of the Zoning Code. Variances shall be issued upon a determination that:
  1. (A) 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, or conflict with subsection (a)(6) hereof, or existing local laws or ordinances; and,
  2. (B) The structure or other development is protected by methods to minimize flood damages.
6. (6) In passing upon such applications, the Board shall consider and make findings of fact on all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
  1. (A) The danger that materials may be swept onto other lands to the injury of others;
  2. (B) The danger to life and property due to flooding or erosion damage;
  3. (C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
  4. (D) The importance of the services provided by the proposed facility to the Village;
  5. (E) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
  6. (F) The necessity to the facility of a waterfront location, where applicable;
  7. (G) The compatibility of the proposed use with existing and anticipated development;
  8. (H) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
  9. (I) The safety of access to the property in times of flood for ordinary and emergency vehicles;
  10. (J) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action if applicable, expected at the site; and,
  11. (K) The costs 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.
7. (7) Upon consideration of the factors of subsection (a)(6) hereof and the purposes of this chapter, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
8. (8) In addition to the requirements of Section 1111.06 of the Zoning Code, the Chief Administrative Officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(b) Conditions for Variances.
1. (1) Variances may only be issued where due to physical characteristics of the property compliance with the requirements of this chapter creates an unnecessary hardship. Increased cost or inconvenience of meeting the requirements of this chapter do not constitute an unnecessary hardship.
2. (2) Additionally, variances for new construction and substantial improvements to existing structures in the floodplain shall be granted only after the Board considers and makes findings of fact as required in paragraph (a)(6).
3. (3) Notwithstanding the other provisions of this section, variances may be issued for the reconstruction, rehabilitation or restoration 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 the variance is the minimum necessary to preserve the historic character and design of the structure.
4. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
5. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. (6) Any applicant to whom a variance is granted shall, if applicable, 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.
(c) Lapse of Variances. A variance, once granted, shall expire in one year subject to the requirements of Section 1111.10 of the Zoning Code.
(d) Action by Council. Following a decision by the Board, each case shall be referred to Council. After reviewing the Board’s decision, Council may confirm, amend, or reverse, the decision by a majority vote of its membership. Immediately following Council’s decision, a record of such decision, including notice of the expiration date of an approved variance, shall be mailed to the applicant.
(Ord. 2005-22. Passed 4-11-05.)

1353.06 Provisions for flood hazard reduction

(a) General Standards. In all special flood hazard areas, the following standards are required:
1. (1) Anchoring. All 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. Manufactured Homes shall be affixed to a permanent foundation and anchored to prevent floatation, 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.
2. (2) Construction materials and methods.
  1. (A) All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
  2. (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
  3. (C) All 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 located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. (3) Utilities.
  1. (A) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
  2. (B) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
  3. (C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. (4) Subdivision proposals.
  1. (A) All subdivision proposals shall be consistent with the need to minimize flood damage;
  2. (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;
  3. (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
  4. (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 fifty lots or five acres, whichever is less.
5. (5) Fill Prohibited. The deposit of fill, including sand, gravel or other materials of any composition, is prohibited.
  (Ord. 2005-22. Passed 4-11-05.)
(b) Specific Standards. In all special flood hazard areas where base flood elevation data have been provided as set forth in Section 1353.03(b) or Section 1353.04(d)(3), and in all areas that constitute flood protection elevations as determined by the Flood Damage Prevention Administrator, the following provisions are required:
1. (1) Residential construction. New construction and substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to no less than eighteen (18) inches above the base flood elevation.
2. (2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to no less than eighteen (18) inches above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
  1. (A) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
  2. (B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
  3. (C) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection. Such certification shall be provided to the official as set forth in Section 1353.04(a)(3).
3. (3) Accessory structures. New construction and substantial improvement of any accessory structures shall have the lowest floor, including basement, elevated to no less than eighteen (18) inches above the base flood elevation An exemption to the elevation or dry floodproofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing 576 square feet or less in gross floor area. Such structures shall meet the encroachment provisions of Section 1353.07(a) and the following additional standards:
  1. (A) They shall not be used for human habitation;
  2. (B) They shall be constructed of flood resistant materials:
  3. (C) They shall be designed to have low flood damage potential;
  4. (D) They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
  5. (E) They shall be firmly anchored to prevent flotation; and
  6. (F) Service facilities, such as electrical and heating equipment, shall be elevated or floodproofed to or above the level of the flood protection elevation; and, they shall meet the opening requirements of Section 1353.06(b)(4).
4. (4) Enclosures below the lowest floor base flood elevation. The following standards apply to all new and substantially improved residential and nonresidential nonbasement structures, including manufactured homes, which are elevated to or above flood protection elevation using pilings, columns or posts or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters. Fully enclosed areas below the lowest floor that are useable 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 shall:
  1. (A) Be certified by a registered professional engineer or architect; or,
  2. (B) Shall meet or exceed the following criteria:
    1. (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. (2) The bottom of all openings shall be no higher than one foot above grade; and,
    3. (3) Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  3. (C) Any enclosure which meets these criteria shall be considered as having met the requirements of subsection (a)(l) hereof.
5. (5) Recreational vehicles. Recreational vehicles must meet at least one of the following standards:
  1. (A) They shall not be located on sites in special flood hazard areas for more than 180 days, or
  2. (B) They must be fully licensed and ready for highway use, or
  3. (C) They must meet all standards of Section 1353.06.
    (Ord. 2010-45. Passed 9-13-10.)

1353.07 Floodways

The Flood Insurance Study referenced in Section 1353.03(b) identifies a segment within special flood hazard areas known as a floodway. Floodways may also be delineated in other sources of flood information as specified in Section 1353.04(d)(3). The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential. The following provisions apply within all delineated floodway areas:

(a) Prohibit encroachments, new construction, substantial improvements and other development unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) If subsection (a) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 1353.06 and this section.
(c) Any encroachment within the floodway that would result in an increase in base flood elevations can only be granted upon the prior approval by the Federal Emergency Management Agency. Such requests must be submitted by the Chief Administrative Officer to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.
(Ord. 2005-22. Passed 4-11-05.)

1353.08 Establishment of buffer area

(a) Purpose. The buffer area is hereby established to limit impact of land uses on rivers in order to preserve and conserve the quality, purity, clarity and free-flowing condition of streams, maintain natural water temperatures, preserve aquatic and terrestrial plant and animal habitat, prevent erosion of stream banks, lessen the level of siltation of stream waters and preserve valuable water resources in the interest of present and future generations.
(b) Boundary. The buffer area shall be maintained along both sides of stream channels which have a mean surface width at normal low water of at least ten feet or greater and wet lands as defined by the Army Corps of Engineers and the United States Environmental Protection Agency (E.P.A.). The minimum boundary of the buffer area shall be set at 120 feet in a horizontal plane outward from the normal low water mark of the stream channel. It shall be preserved in its natural state and shall be adjusted outward to include sensitive areas such as steep slopes, wetlands and wooded areas adjacent to the stream.
(c) Permitted Uses. Use or activities shall not significantly affect the natural quality of the area and are limited to the following:
1. (1) Passive recreational uses such as hiking, fishing, etc.
2. (2) Only damaged or diseased trees or those that the Administrator has determined to be in imminent danger of being uprooted or falling in or along the stream may be removed. The stump and root structure of trees on the stream bank shall be left in place to retard bank erosion.
(d) The buffer area described above shall be overlays to the existing underlying districts as shown on the official Zoning Map of the Village, and as such, the provisions for the flood plain buffer areas shall serve as a supplement to the underlying district provisions.
(e) Where there happens to be any conflict between the provisions or requirements of any buffer area and those of any underlying district, the more restrictive provisions and/or those pertaining to the flood plain buffer areas shall apply.
(f) In the event any provision concerning a flood plain buffer area is declared inapplicable as a result of any legislative or administrative actions, or judicial discretion, the basic underlying district provision shall remain applicable.

1353.09 FEMA letters for map revisions and amendments

Any individual, firm, or other non-community official, submitting a revision request to FEMA, should consult with the Chief Administrative Officer. FEMA letters of map revisions require submission of the Overview and Concurrence form 3067-0148 which involves Village approval of the application for both CLOMR and LOMR requests. According to CFR Title 44, Chapter 1, section 65.4, applications including the submission of new technical data should come from the CEO of the community. Otherwise, the application may be submitted by the property owner with the required signatures of the requester, community official, and engineer.
(Ord. 2005-22. Passed 4-11-05.)

1353.99 Violations and penalties

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the first degree. Whoever violates any provision of this chapter or fails to comply with any of its requirements, including violations of conditions of and safeguards established in connection with conditions shall be fined or imprisoned as provided by the laws of the Village. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2005-22. Passed 4-11-05.)