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Section 1205.14    Floodplain/Floodway Overlay District

  1. General Provisions
    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 City Council of Hudson, State of Ohio, does ordain
      as follows:

    2. Findings of Fact. The City of Hudson 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.

    3. Statement of Purpose. It is the purpose of these regulations to promote the
      public health, safety and general welfare, and to:
      1. Protect human life and health;
      2. Minimize expenditure of public money for costly flood control
        projects;
      3. Minimize the need for rescue and relief efforts associated with
        flooding and generally undertaken at the expense of the general
        public;
      4. Minimize prolonged business interruptions;
      5. 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;
      6. 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;
      7. Ensure that those who occupy the areas of special flood hazard
        assume responsibility for their actions;
      8. Minimize the impact of development on adjacent properties within
        and near flood prone areas;
      9. Ensure that the flood storage and conveyance functions of the
        floodplain are maintained;
      10. Minimize the impact of development on the natural, beneficial values
        of the floodplain;
      11. Prevent floodplain uses that are either hazardous or environmentally
        incompatible; and
      12. Meet community participation requirements of the National Flood
        Insurance Program.

    4. Methods of Reducing Flood Loss. In order to accomplish its purposes, these
      regulations include methods and provisions for:
      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. Requiring that uses vulnerable to floods, including facilities, which
        serve such uses, be protected against flood damage at the time of
        initial construction;
      3. Controlling the alteration of natural floodplains, stream channels, and
        natural protective barriers, which help accommodate or channel flood
        waters;
      4. Controlling filling, grading, dredging, excavating, and other
        development which may increase flood damage; and,
      5. Preventing or regulating the construction of flood barriers, which will
        unnaturally divert flood, waters or which may increase flood hazards
        in other areas.

    5. Lands to Which These Regulations Apply. These regulations shall apply to
      all areas of special flood hazard within the jurisdiction of the City of Hudson
      as identified in Section (a)(6), including any additional areas of special flood
      hazard annexed by City of Hudson.

    6. Basis for Establishing the Areas of Special Flood Hazard. For the purposes
      of these regulations, the following studies and/or maps are adopted:

      1. Flood Insurance Study Summit County, Ohio and Incorporated Areas
        and Flood Insurance Rate Map Summit County, Ohio and
        Incorporated Areas both effective July 20, 2009.
      2. Other studies and/or maps, which may be relied upon for
        establishment of the flood protection elevation.
      3. Any hydrologic and hydraulic engineering analysis authored by a
        registered Professional Engineer in the State of Ohio which has been
        approved by the City of Hudson as required by Section (d)(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 46 Ravenna Street
        Hudson, Ohio 44236.

    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.

    8. Interpretation. In the interpretation and application of these regulations, all
      provisions shall be:
      1. Considered as minimum requirements;
      2. Liberally construed in favor of the governing body; and,
      3. Deemed neither to limit nor repeal any other powers granted under
        state statutes.

    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 City of Hudson, 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.

    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.

  2. Definitions
    Unless specifically defined below, words or phrases used in these regulations shall
    first be interpreted according to the definitions set forth in Chapter 1213, if
    applicable, or otherwise so as to give them the meaning they have in common usage
    and to give these regulations the most reasonable application.
    1. Accessory Structure. A structure on the same lot with, and of a nature
      customarily incidental and subordinate to, the principal structure.

    2. Appeal. A request for review of the floodplain administrator’s interpretation
      of any provision of these regulations or a request for a variance.

    3. 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.

    4. 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).

    5. Basement Any area of the building having its floor subgrade (below ground
      level) on all sides.

    6. 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.

    7. Enclosure Below the Lowest Floor. See “Lowest Floor.”

    8. 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.

    9. Federal Emergency Management Agency (FEMA). The agency with the
      overall responsibility for administering the National Flood Insurance
      Program.

    10. Fill. A deposit of earth material placed by artificial means.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. 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.

    16. Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the
      base flood elevation plus one and a half [1.5] feet 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.

    17. Floodplain Administrator. The Floodplain Administrator is the City
      Manager or his designee.

    18. 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.

    19. 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.

    20. 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 Ohio's inventory of historic places
        maintained by the Ohio Historic Preservation Office.
      4. Individually listed on the inventory of historic places maintained by
        City of Hudson’s historic preservation program, which program is
        certified by the Ohio Historic Preservation Office.

    21. Hydrologic and hydraulic engineering analysis. 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.

    22. 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. LOMCs 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.

    23. 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.

    24. 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.

    25. Manufactured home park. 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.

    26. 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.

    27. New construction. Structures for which the “start of construction”
      commenced on or after the initial effective date of the City of Hudson Flood
      Insurance Rate Map, September 30, 1980, and includes any subsequent
      improvements to such structures.

    28. 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.

    29. 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.

    30. 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.

    31. Registered Professional Engineer. A person registered as a professional
      engineer under Chapter 4733 of the Revised Code.

    32. Registered Professional Surveyor. A person registered as a professional
      surveyor under Chapter 4733 of the Revised Code.

    33. 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.

    34. 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.

    35. Structure. A walled and roofed building, manufactured home, or gas or
      liquid storage tank that is principally above ground.

    36. 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.

    37. 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 that 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
        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
        would not preclude the structure's continued designation as a
        “historic structure.”

    38. Variance. A grant of relief from the standards of these regulations consistent
      with the variance conditions herein.

    39. Violation. The failure of a structure or other development to be fully
      compliant with these regulations.

  3. Administration
    1. Designation of the Floodplain Administrator. The City Manager is hereby
      appointed to administer and implement these regulations and is referred to
      herein as the Floodplain Administrator.

    2. Duties and Responsibilities of the Floodplain Administrator. The duties and
      responsibilities of the Floodplain Administrator shall include but are not
      limited to:
      1. Evaluate applications for permits to develop in special flood hazard
        areas.
      2. Interpret actual floodplain boundaries in the field and provide flood
        hazard and flood protection elevation information.
      3. Issue permits to develop in special flood hazard areas when the
        provisions of these regulations have been met, or refuse to issue the
        same in the event of noncompliance.
      4. Inspect buildings and lands to determine whether any violations of
        these regulations have been committed.
      5. 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.
      6. Enforce the provisions of these regulations.
      7. Provide information, testimony, or other evidence as needed during
        variance hearings.
      8. Coordinate map maintenance activities and FEMA follow-up.
      9. 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. 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 (a)(6), until a floodplain development permit is obtained from the
      Floodplain Administrator. Such floodplain development permit shall show
      that the proposed development activity is in conformity with the provisions
      of these regulations. No such permit shall be issued by the Floodplain
      Administrator until the requirements of these regulations have been met.

    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 Floodplain Administrator may require an application for a
      floodplain development permit to determine the development’s location.
      Such applications shall include, but not be limited to:
      1. 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.
      2. Elevation of the existing, natural ground where structures are
        proposed.
      3. Elevation of the lowest floor, including basement, of all proposed
        structures.
      4. Such other material and information as may be requested by the
        Floodplain Administrator to determine conformance with, and
        provide enforcement of these regulations.
      5. Technical analyses conducted by the appropriate design professional
        registered in the State of Ohio and submitted with an application for a
        floodplain development permit when applicable:
        1. Floodproofing certification for non-residential floodproofed
          structure as required in Section (d)(5).
        2. Certification that fully enclosed areas below the lowest floor
          of a structure not meeting the design requirements of Section
          (d)(4) are designed to automatically equalize hydrostatic
          flood forces.
        3. Description of any watercourse alteration or relocation that
          the flood carrying capacity of the watercourse will not be
          diminished, and maintenance assurances as required in
          Section (d)(9)(C).
        4. A hydrologic and hydraulic analysis demonstrating that the
          cumulative effect of proposed development, when combined
          with all other existing and anticipated development will not
          increase the water surface elevation of the base flood by more
          than one foot in special flood hazard areas where the Federal
          Emergency Management Agency has provided base flood
          elevations but no floodway as required by Section (d)(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 (d)(9)(A).
        6. Generation of base flood elevation(s) for subdivision and
          large-scale developments as required by Section (d)(3).
      6. A floodplain development permit application fee set by the schedule
        of fees adopted by the City of Hudson.

    5. Review and Approval of a Floodplain Development Permit Application.
      1. Review.
        1. After receipt of a complete application, the Floodplain
          Administrator shall review the application to ensure that the
          standards of these regulations have been met. No floodplain
          development permit application shall be reviewed until all
          information required in Section (c)(4) has been received by
          the Floodplain Administrator.
        2. The Floodplain Administrator shall review all floodplain
          development permit applications to assure that all necessary
          permits have been received from those federal, state or local
          governmental agencies from which prior approval is required.
          The applicant shall be responsible for obtaining such permits
          as required including permits issued by the U.S. Army Corps
          of Engineers under Section 10 of the Rivers and Harbors Act
          and Section 404 of the Clean Water Act, and the Ohio
          Environmental Protection Agency under Section 401 of the
          Clean Water Act.
      2. Approval. Within thirty (30) days after the receipt of a complete
        application, the Floodplain Administrator shall either approve or
        disapprove the application. If an application is approved, a
        floodplain development permit shall be issued. All floodplain
        development permits shall be conditioned 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.

    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.

    7. Post-Construction Certifications Required. The following as-built
      certifications are required after a floodplain development permit has been
      issued:
      1. 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. For all development activities subject to the standards of Section
        (c)(10)(A), a Letter of Map Revision.

    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 Board of Zoning and Building Appeals in accordance with Section (e) of
      these regulations.

    9. Exemption from Filing a Development Permit. An application for a
      floodplain development permit shall not be required for:
      1. 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.
      2. 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.
      3. Major utility facilities permitted by the Ohio Power Siting Board
        under Section 4906 of the Ohio Revised Code.
      4. Hazardous waste disposal facilities permitted by the Hazardous
        Waste Siting Board under Section 3734 of the Ohio Revised Code.
      5. 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.

    10. Map Maintenance Activities. To meet National Flood Insurance Program
      minimum requirements to have flood data reviewed and approved by FEMA,
      and to ensure that the City of Hudson flood maps, studies and other data
      identified in Section (a)(6) accurately represent flooding conditions so
      appropriate floodplain management criteria are based on current data, the
      following map maintenance activities are identified:
      1. Requirement to Submit New Technical Data.
        1. For all development proposals that impact floodway
          delineations or base flood elevations, the community shall
          ensure that technical data reflecting such changes be
          submitted to FEMA within six months of the date such
          information becomes available. These development
          proposals include:
          1. Floodway encroachments that increase or decrease
            base flood elevations or alter floodway boundaries;
          2. 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. Alteration of watercourses that result in a relocation
            or elimination of the special flood hazard area,
            including the placement of culverts; and
          4. Subdivision or large scale development proposals
            requiring the establishment of base flood elevations in
            accordance with Section (d)(3).
        2. It is the responsibility of the applicant to have technical data,
          required in accordance with Section (c)(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:
          1. Proposed floodway encroachments that increase the
            base flood elevation; and
          2. 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 Floodplain
          Administrator shall be conditioned upon the applicant
          obtaining a Letter of Map Revision from FEMA for any
          development proposal subject to Section (c)(10)(A)(i).

      2. 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 City Manager of the City of Hudson, and may be
        submitted at any time.

      3. Annexation/Detachment. Upon occurrence, the Floodplain
        Administrator shall notify FEMA in writing whenever the boundaries
        of the City of Hudson have been modified by annexation or the
        community has assumed authority over an area, or no longer has
        authority to adopt and enforce floodplain management regulations for
        a particular area. In order that the City of Hudson Flood Insurance
        Rate Map accurately represent the City of Hudson boundaries,
        include within such notification a copy of a map of the City of
        Hudson suitable for reproduction, clearly showing the new corporate
        limits or the new area for which the City of Hudson has assumed or
        relinquished floodplain management regulatory authority.

    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:
      1. 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.
      2. 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.
      3. 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 exist or where the
          preliminary base flood elevations exceed the base flood
          elevations in existing flood hazard data provided from
          FEMA. Such preliminary data may be subject to change
          and/or appeal to FEMA.
      4. The Floodplain Administrator shall make interpretations, where
        needed, as to the exact location of the flood boundaries and areas of
        special flood hazard in the field. 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 (e), Appeals and Variances.
      5. 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.

    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:
      1. Determine whether damaged structures are located in special flood
        hazard areas;
      2. Conduct substantial damage determinations for damaged structures
        located in special flood hazard areas; and
      3. 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 may 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
        floodplain 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.

  4. 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 (a)(6) or
    (c)(11)(A):

    1. Use Regulations.
      1. Permitted Uses. All uses not otherwise prohibited in this section or
        any other applicable land use regulation adopted by City of Hudson
        are allowed provided they meet the provisions of these regulations.
      2. 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.

    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:
      1. All new and replacement water supply systems shall be designed to
        minimize or eliminate infiltration of floodwaters into the systems;
      2. 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,
      3. On-site waste disposal systems shall be located to avoid impairment
        to or contamination from them during flooding.

    3. Subdivisions and Large Developments.
      1. All subdivision proposals shall be consistent with the need to
        minimize flood damage and are subject to all applicable standards in
        these regulations;
      2. 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. All subdivision proposals shall have adequate drainage provided to
        reduce exposure to flood damage; and
      4. 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.
      5. The applicant shall meet the requirement to submit technical data to
        FEMA in Section (c)(10)(A)(i)(d) when a hydrologic and hydraulic
        analysis is completed that generates base flood elevations as required
        by Section (d)(3)(D).

    4. Residential Structures.
      1. 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 [(d)(4)(A)] and construction materials
        resistant to flood damage [(d)(4)(B)] are satisfied.
      2. New construction and substantial improvements shall be constructed
        with methods and materials resistant to flood damage.
      3. 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.
      4. 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. Where flood protection elevation data are not available,
        the structure shall have the lowest floor, including basement, elevated
        at least two feet above the highest adjacent natural grade.
      5. 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