ORDINANCE AMENDING AND ADOPTING REVISED CHAPTER 1444
OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRAND RAPIDS
BE IT ORDAINED BY
THE COUNCIL OF THE VILLAGE OF GRAND RAPIDS, COUNTY OF WOOD, STATE OF OHIO:
SECTION 1: That Chapter 1444 of the
Codified Ordinances of the Village of Grand Rapids is hereby amended and adopted
in total in accordance with the exhibit attached hereto and made a part hereof.
SECTION 2: That existing Section 1444
is hereby replaced in total.
SECTION 3: This Ordinance shall take
effect at the earliest time permitted by law.
Passed: June 13, 2011
FLOOD DAMAGE REDUCTION
EXHIBIT FOR ORDINANCE #___2011-4____
GRAND RAPIDS, OHIO
SECTION 1.0: GENERAL PROVISIONS
1.1 Statutory Authorization
ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the
legal authority to adopt land use and control measures for promoting the health,
safety, and general welfare of its citizens. Therefore, the Village Council of
Grand Rapids, State of Ohio, does ordain as follows:
1.2 Findings of Fact
The Village of Grand Rapids has special flood hazard areas that are subject to
periodic inundation which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax
base. Additionally, structures that are inadequately elevated, floodproofed, or
otherwise protected from flood damage also contribute to the flood loss. In
order to minimize the threat of such damages and to achieve the purposes
hereinafter set forth, these regulations are adopted.
1.3 Statement of Purpose
It is the purpose of these regulations to promote the public health, safety and
general welfare, and to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding
generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
areas of special flood hazard;
F. Help maintain a stable tax base by providing for the proper use and
development of areas of special flood hazard so as to protect property and
minimize future flood blight areas;
G. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
H. Minimize the impact of development on adjacent properties within and near
flood prone areas;
I. Ensure that the flood storage and conveyance functions of the floodplain
J. Minimize the impact of development on the natural, beneficial values of the
K. Prevent floodplain uses that are either hazardous or environmentally
L. Meet community participation requirements of the National Flood Insurance
1.4 Methods of Reducing Flood Loss
In order to accomplish its purposes, these regulations include methods and
A. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water hazards, or which result in damaging increases in
flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities, which serve
such uses, be protected against flood damage at the time of initial
C. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, excavating, and other development
which may increase flood damage; and,
E. Preventing or regulating the construction of flood barriers, which will
unnaturally divert flood, waters or which may increase flood hazards in other
1.5 Lands to Which These Regulations Apply
These regulations shall apply to all areas of special flood hazard within the
jurisdiction of the Village of Grand Rapids as identified in Section 1.6,
including any additional areas of special flood hazard annexed by the Village of
1.6 Basis for Establishing the Areas of Special Flood Hazard
For the purposes of these regulations, the following studies and / or maps
A. Flood Insurance Study Wood County, Ohio and Incorporated Areas and Flood
Insurance Rate Map Wood County, Ohio and Incorporated Areas, both effective
September 2, 2011.
B. 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.
C. Any hydrologic and hydraulic engineering analysis authored by a
registered Professional Engineer in the State of Ohio which has been approved
by the Village of Grand Rapids as required by Section 4.3 Subdivisions and
Large Scale Developments.
Any revisions to the aforementioned maps and / or studies are hereby adopted
by reference and declared to be a part of these regulations. Such maps and/or
studies are on file at the Village Administrative Building, 17460 Sycamore Road,
Grand Rapids, Ohio.
1.7 Abrogation and Greater Restrictions
These regulations are not intended to repeal any existing ordinances including
subdivision regulations, zoning or building codes. In the event of a conflict
between these regulations and any other ordinance, the more restrictive shall be
followed. These regulations shall not impair any deed restriction covenant or
easement but the land subject to such interests shall also be governed by the
In the interpretation and application of these regulations, all provisions shall
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
C. Deemed neither to limit nor repeal any other powers granted under state
statutes. Where a provision of these regulations may be in conflict with a
state or Federal law, such state or Federal law shall take precedence over
1.9 Warning and Disclaimer of Liability
The degree of flood protection required by these regulations is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man made or natural causes. These regulations do not
imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damage. These regulations
shall not create liability on the part of the Village of Grand Rapids, 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.
Should any section or provision of these regulations be declared by the courts
to be unconstitutional or invalid, such decision shall not affect the validity
of the regulations as a whole, or any part thereof other than the part so
declared to be unconstitutional or invalid.
SECTION 2.0: DEFINITIONS
Unless specifically defined below, words or phrases used in these regulations
shall be interpreted so as to give them the meaning they have in common usage
and to give these regulations the most reasonable application.
A structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal structure.
A request for review of the floodplain administrator's interpretation of any
provision of these regulations or a request for a variance.
The flood having a one percent chance of being equaled or exceeded in any given
year. The base flood may also be referred to as the 1% chance annual flood or
one hundred (100) year flood.
Base (100-Year) Flood Elevation (BFE)
The water surface elevation of the base flood in relation to a specified datum,
usually the National Geodetic Vertical Datum of 1929 or the North American
Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In
Zone AO areas, the base flood elevation is the natural grade elevation plus the
depth number (from 1 to 3 feet).
Any area of the building having its floor subgrade (below ground level) on all
Any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
Enclosure Below the Lowest Floor
See "Lowest Floor."
Executive Order 11988 (Floodplain Management)
Issued by President Carter in 1977, this order requires that no federally
assisted activities be conducted in or have the potential to affect identified
special flood hazard areas, unless there is no practicable alternative.
Federal Emergency Management Agency (FEMA)
The agency with the overall responsibility for administering the National Flood
A deposit of earth material placed by artificial means.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally
dry land areas from:
1. The overflow of inland or tidal waters, and/or
2. The unusual and rapid accumulation or runoff of surface waters from any
Flood Hazard Boundary Map (FHBM)
Usually the initial map, produced by the Federal Emergency Management Agency, or
U.S. Department of Housing and Urban Development, for a community depicting
approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM)
An official map on which the Federal Emergency Management Agency or the U.S.
Department of Housing and Urban Development has delineated the areas of special
Flood 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:
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.
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
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.
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.
Flood Insurance Study (FIS)
The official report in which the Federal Emergency Management Agency or the U.S.
Department of Housing and Urban Development has provided flood profiles,
floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and
the water surface elevations of the base flood.
Flood Protection Elevation
The Flood Protection Elevation, or FPE, is the base flood elevation plus 1 foot
of freeboard. In areas where no base flood elevations exist from any
authoritative source, the flood protection elevation can be historical flood
elevations, or base flood elevations determined and/or approved by the
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.
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.
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.
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.
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
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
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.
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.
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.
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.
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.
Structures for which the "start of construction" commenced on or after
the initial effective date of the Village of Grand Rapids' Flood Insurance Rate
Map, May 2, 1983, and includes any subsequent improvements to such structures.
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
A vehicle which is (1) built on a single chassis, (2) 400 square feet or less
when measured at the largest horizontal projection, (3) designed to be self-
propelled or permanently towable by a light duty truck, and (4) designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Registered Professional Architect
A person registered to engage in the practice of architecture under the
provisions of sections 4703.01 to 4703.19 of the Revised Code.
Registered Professional Engineer
A person registered as a professional engineer under Chapter 4733 of the Revised
Registered Professional Surveyor
A person registered as a professional surveyor under Chapter 4733 of the Revised
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
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.
A walled and roofed building, manufactured home, or gas or liquid storage tank
that is principally above ground.
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 (2) 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.
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,
1. Any improvement to a structure that is considered "new
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
A grant of relief from the standards of these regulations consistent with the
variance conditions herein.
The failure of a structure or other development to be fully compliant with these
SECTION 3.0: ADMINISTRATION
3.1 Designation of the Floodplain Administrator
The Village Administrator is hereby appointed to administer and implement these
regulations and is referred to herein as the Floodplain Administrator.
3.2 Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include
but are not limited to:
A. Evaluate applications for permits to develop in special flood hazard
B. Interpret floodplain boundaries and provide flood hazard and flood
protection elevation information.
C. 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
D. Inspect buildings and lands to determine whether any violations of these
regulations have been committed.
E. Make and permanently keep all records for public inspection necessary for
the administration of these regulations including Flood Insurance Rate Maps,
Letters of Map Amendment and Revision, records of issuance and denial of
permits to develop in special flood hazard areas, determinations of whether
development is in or out of special flood hazard areas for the purpose of
issuing floodplain development permits, elevation certificates, variances, and
records of enforcement actions taken for violations of these regulations.
F. Enforce the provisions of these regulations.
G. Provide information, testimony, or other evidence as needed during variance
H. Coordinate map maintenance activities and FEMA follow-up.
I. Conduct substantial damage determinations to determine whether existing
structures, damaged from any source and in special flood hazard areas
identified by FEMA, must meet the development standards of these regulations.
3.3 Floodplain Development Permits
It shall be unlawful for any person to begin construction or other development
activity including but not limited to filling; grading; construction;
alteration, remodeling, or expanding any structure; or alteration of any
watercourse wholly within, partially within or in contact with any identified
special flood hazard area, as established in Section 1.6, until a floodplain
development permit is obtained from the 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.
3.4 Application Required
An application for a floodplain development permit shall be required for all
development activities located wholly within, partially within, or in contact
with an identified special flood hazard area. Such application shall be made by
the owner of the property or his/her authorized agent, herein referred to as the
applicant, prior to the actual commencement of such construction on a form
furnished for that purpose. Where it is unclear whether a development site is in
a special flood hazard area, the 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:
A. Site plans drawn to scale showing the nature, location, dimensions, and
topography of the area in question; the location of existing or proposed
structures, fill, storage of materials, drainage facilities, and the location
of the foregoing.
B. Elevation of the existing, natural ground where structures are proposed.
C. Elevation of the lowest floor, including basement, of all proposed
D. Such other material and information as may be requested by the Floodplain
Administrator to determine conformance with, and provide enforcement of these
E. 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 4.5.
2. Certification that fully enclosed areas below the lowest floor of a
structure not meeting the design requirements of Section 4.4(E) are designed
to automatically equalize hydrostatic flood forces.
3. Description of any watercourse alteration or relocation that the flood
carrying capacity of the watercourse will not be diminished, and maintenance
assurances as required in Section 4.9(C).
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 4.9(B).
5. A hydrologic and hydraulic engineering analysis showing impact of any
development on flood heights in an identified floodway as required by
6. Generation of base flood elevation(s) for subdivision and large-scale
developments as required by Section 4.3.
F. A floodplain development permit application fee set by the schedule of
fees adopted by the Village of Grand Rapids.
3.5 Review and Approval of a Floodplain Development Permit Application
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 3.4 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.
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 conditional upon the
commencement of work within one (1) year. A floodplain development permit
shall expire one (1) year after issuance unless the permitted activity has
been substantially begun and is thereafter pursued to completion.
The Floodplain Administrator shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance with
3.7 Post-Construction Certifications Required
The following as-built certifications are required after a floodplain
development permit has been issued:
A. For new or substantially improved residential structures, or
nonresidential structures that have been elevated, the applicant shall have a
Federal Emergency Management Agency Elevation Certificate completed by a
registered surveyor to record as-built elevation data. For elevated structures
in Zone A and Zone AO areas without a base flood elevation, the elevation
certificate may be completed by the property owner or owner's representative.
B. For all development activities subject to the standards of Section 3.10(A),
a Letter of Map Revision.
3.8 Revoking a Floodplain Development Permit
A floodplain development permit shall be revocable, if among other things, the
actual development activity does not conform to the terms of the application and
permit granted thereon. In the event of the revocation of a permit, an appeal
may be taken to the Appeals Board in accordance with Section 5 of these
3.9 Exemption from Filing a Development Permit
An application for a floodplain development permit shall not be required for:
A. Maintenance work such as roofing, painting, and basement sealing, or for
small nonstructural development activities (except for filling and grading)
valued at less than $5,000.
B. Development activities in an existing or proposed manufactured home park
that are under the authority of the Ohio Department of Health and subject to
the flood damage reduction provisions of the Ohio Administrative Code Section
C. Major utility facilities permitted by the Ohio Power Siting Board under
Section 4906 of the Ohio Revised Code.
D. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting
Board under Section 3734 of the Ohio Revised Code.
E. Development activities undertaken by a federal agency and which are subject
to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is
also exempt from the standards of these regulations.
3.10 Map Maintenance Activities
To meet National Flood Insurance Program minimum requirements to have flood data
reviewed and approved by FEMA, and to ensure that the Village of Grand Rapids'
flood maps, studies and other data identified in Section 1.6 accurately
represent flooding conditions so appropriate floodplain management criteria are
based on current data, the following map maintenance activities are identified:
A. Requirement to Submit New Technical Data
1. For all development proposals that impact floodway delineations or
base flood elevations, the community shall ensure that technical data
reflecting such changes be submitted to FEMA within six months of the date
such information becomes available. These development proposals include:
a. Floodway encroachments that increase or decrease base flood
elevations or alter floodway boundaries;
b. Fill sites to be used for the placement of proposed structures where
the applicant desires to remove the site from the special flood hazard
c. Alteration of watercourses that result in a relocation or elimination
of the special flood hazard area, including the placement of culverts; and
d. Subdivision or large scale development proposals requiring the
establishment of base flood elevations in accordance with Section 4.3.
2. It is the responsibility of the applicant to have technical data,
required in accordance with Section 3.10(A), prepared in a format required
for a Conditional Letter of Map Revision or Letter of Map Revision, and
submitted to FEMA. Submittal and processing fees for these map revisions
shall be the responsibility of the applicant.
3. The Floodplain Administrator shall require a Conditional Letter of Map
Revision prior to the issuance of a floodplain development permit for:
a. Proposed floodway encroachments that increase the base flood
b. Proposed development which increases the base flood elevation by more
than one foot in areas where FEMA has provided base flood elevations but
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 3.10(A)(1).
B. Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information
shown on an effective map that does not impact floodplain or floodway
delineations or base flood elevations, such as labeling or planimetric
details. Such a submission shall include appropriate supporting documentation
made in writing by the Mayor of the Village of Grand Rapids, and may be
submitted at any time.
C. Annexation / Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing
whenever the boundaries of the Village of Grand Rapids have been modified by
annexation or the community has assumed authority over an area, or no longer
has authority to adopt and enforce floodplain management regulations for a
particular area. In order that the Village of Grand Rapids' Flood Insurance
Rate Map accurately represent the Village of Grand Rapids boundaries, include
within such notification a copy of a map of the Village of Grand Rapids
suitable for reproduction, clearly showing the new corporate limits or the new
area for which the Village of Grand Rapids has assumed or relinquished
floodplain management regulatory authority.
3.11 Data Use and Flood Map Interpretation
The following guidelines shall apply to the use and interpretation of maps and
other data showing areas of special flood hazard:
A. In areas where FEMA has not identified special flood hazard areas, or in
FEMA identified special flood hazard areas where base flood elevation and
floodway data have not been identified, the Floodplain Administrator shall
review and reasonably utilize any other flood hazard data available from a
federal, state, or other source.
B. Base flood elevations and floodway boundaries produced on FEMA flood maps
and studies shall take precedence over base flood elevations and floodway
boundaries by any other source that reflect a reduced floodway width and/or
lower base flood elevations. Other sources of data, showing increased base
flood elevations and/or larger floodway areas than are shown on FEMA flood
maps and studies, shall be reasonably used by the Floodplain Administrator.
C. When Preliminary Flood Insurance Rate Maps and / or Flood Insurance Study
have been provided by FEMA:
1. Upon the issuance of a Letter of Final Determination by the FEMA, the
preliminary flood hazard data shall be used and replace all previously
existing flood hazard data provided from FEMA for the purposes of
administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use
of preliminary flood hazard data shall only be required where no base flood
elevations and /or floodway areas exist or where the preliminary base flood
elevations or floodway area exceed the base flood elevations and/or floodway
widths in existing flood hazard data provided from FEMA. Such preliminary
data may be subject to change and / or appeal to FEMA.
D. The Floodplain Administrator shall make interpretations, where needed,
as to the exact location of the flood boundaries and areas of special flood
hazard. A person contesting the determination of the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as
provided in Section 5.0, Appeals and Variances.
E. Where a map boundary showing an area of special flood hazard and field
elevations disagree, the base flood elevations or flood protection elevations
(as found on an elevation profile, floodway data table, established high water
marks, etc.) shall prevail.
3.12 Substantial Damage Determinations
Damages to structures may result from a variety of causes including flood,
tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain
A. Determine whether damaged structures are located in special flood hazard
B. Conduct substantial damage determinations for damaged structures located in
special flood hazard areas; and
C. Make reasonable attempt to notify owners of substantially damaged
structures of the need to obtain a floodplain development permit prior to
repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator 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
SECTION 4.0: USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION
The following use and development standards apply to development wholly
within, partially within, or in contact with any special flood hazard area as
established in Section 1.6 or 3.11(A):
4.1 Use Regulations
A. Permitted Uses
All uses not otherwise prohibited in this section or any other applicable land
use regulation adopted by the Village of Grand Rapids are allowed provided
they meet the provisions of these regulations.
B. Prohibited Uses
1. Private water supply systems in all special flood hazard areas
identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
2. Infectious waste treatment facilities in all special flood hazard areas,
permitted under Section 3734 of the Ohio Revised Code.
4.2 Water and Wastewater Systems
The following standards apply to all water supply, sanitary sewerage and waste
disposal systems not otherwise regulated by the Ohio Revised Code:
A. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems;
B. New and replacement sanitary sewerage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from
the systems into flood waters; and,
C. On-site waste disposal systems shall be located to avoid impairment to or
contamination from them during flooding.
4.3 Subdivisions and Large Developments
A. All subdivision proposals shall be consistent with the need to minimize
flood damage and are subject to all applicable standards in these regulations;
B. All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
D. In all areas of special flood hazard where base flood elevation data are
not available, the applicant shall provide a hydrologic and hydraulic
engineering analysis that generates base flood elevations for all subdivision
proposals and other proposed developments containing at least 50 lots or 5
acres, whichever is less.
E. The applicant shall meet the requirement to submit technical data to FEMA
in Section 3.10(A)(1)(d) when a hydrologic and hydraulic analysis is completed
that generates base flood elevations as required by Section 4.3(D).
4.4 Residential Structures
A. New construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Where a structure, including its foundation members, is elevated on fill to or
above the base flood elevation, the requirements for anchoring (4.4(A)) and
construction materials resistant to flood damage (4.4(B)) are satisfied.
B. New construction and substantial improvements shall be constructed with
methods and materials resistant to flood damage.
C. New construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or elevated so as to prevent
water from entering or accumulating within the components during conditions of
D. New construction and substantial improvement of any residential structure,
including manufactured homes, shall have the lowest floor, including basement,
elevated to or above the flood protection elevation. 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
E. New construction and substantial improvements, including manufactured
homes, that do not have basements and that are elevated to the flood
protection elevation using pilings, columns, posts, or solid foundation
perimeter walls with openings sufficient to allow unimpeded movement of flood
waters may have an enclosure below the lowest floor provided the enclosure
meets the following standards:
1. Be used only for the parking of vehicles, building access, or storage;
2. be designed and certified by a registered professional engineer or
architect to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters; or
3. have a minimum of two openings on different walls having a total net area
not less than one square inch for every square foot of enclosed area, and
the bottom of all such openings being no higher than one foot above grade.
The openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
F. Manufactured homes shall be affixed to a permanent foundation and
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. Methods of anchoring may include, but are not limited to, use of
over the top or frame ties to ground anchors.
G. Repair or rehabilitation of historic structures upon a determination that
the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and is the minimum necessary to
preserve the historic character and design of the structure, shall be exempt
from the development standards of Section 4.4.
4.5 Nonresidential Structures
A. New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall meet the requirements of Section 4.4
(A) - (C) and (E) -(G).
B. New construction and substantial improvement of any commercial, industrial
or other non-residential structure shall either have the lowest floor,
including basement, elevated to or above the level of the flood protection
elevation; or, together with attendant utility and sanitary facilities, shall
meet all of the following standards:
1. Be dry floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water to the level of the flood
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and,
3. Be certified by a registered professional engineer or architect, through
the use of a Federal Emergency Management Agency Floodproofing Certificate,
that the design and methods of construction are in accordance with Section
4.5(B)(1) and (2).
C. 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.
4.6 Accessory Structures
Relief to the elevation or dry floodproofing standards may be granted for
accessory structures containing no more than 600 square feet. Such structures
must meet the following standards:
A. They shall not be used for human habitation;
B. They shall be constructed of flood resistant materials;
C. They shall be constructed and placed on the lot to offer the minimum
resistance to the flow of floodwaters;
D. They shall be firmly anchored to prevent flotation;
E. Service facilities such as electrical and heating equipment shall be
elevated or floodproofed to or above the level of the flood protection
F. They shall meet the opening requirements of Section 4.4(E)(3);
4.7 Recreational Vehicles
Recreational vehicles must meet at least one of the following standards:
A. They shall not be located on sites in special flood hazard areas for
more than 180 days, or
B. They must be fully licensed and ready for highway use, or
C. They must meet all standards of Section 4.4.
4.8 Above Ground Gas or Liquid Storage Tanks
All above ground gas or liquid storage tanks shall be anchored to prevent
flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
4.9 Assurance of Flood Carrying Capacity
Pursuant to the purpose and methods of reducing flood damage stated in these
regulations, the following additional standards are adopted to assure that the
reduction of the flood carrying capacity of watercourses is minimized:
A. Development in Floodways
1. In floodway areas, development shall cause no increase in flood levels
during the occurrence of the base flood discharge. Prior to issuance of a
floodplain development permit, the applicant must submit a hydrologic and
hydraulic analysis, conducted by a registered professional engineer,
demonstrating that the proposed development would not result in any increase
in the base flood elevation; or
2. Development in floodway areas causing increases in the base flood
elevation may be permitted provided all of the following are completed by
a. Meet the requirements to submit technical data in Section 3.10(A);
b. An evaluation of alternatives, which would not result in increased base
flood elevations and an explanation why these alternatives are not
c. Certification that no structures are located in areas that would be
impacted by the increased base flood elevation;
d. Documentation of individual legal notices to all impacted property
owners within and outside the community, explaining the impact of the
proposed action on their property; and
e. Concurrence of the Mayor of the Village of Grand Rapids and the Chief
Executive Officer of any other communities impacted by the proposed
B. Development in Riverine Areas with Base Flood Elevations but
1. In riverine special flood hazard areas identified by FEMA where base
flood elevation data are provided but no floodways have been designated, the
cumulative effect of any proposed development, when combined with all other
existing and anticipated development, shall not increase the base flood
elevation more than 1.0 (one) foot at any point. Prior to issuance of a
floodplain development permit, the applicant must submit a hydrologic and
hydraulic analysis, conducted by a registered professional engineer,
demonstrating that this standard has been met; or,
2. Development in riverine special flood hazard areas identified by FEMA
where base flood elevation data are provided but no floodways have been
designated causing more than one foot increase in the base flood elevation
may be permitted provided all of the following are completed by the
a. An evaluation of alternatives which would result in an increase of
one foot or less of the base flood elevation and an explanation why these
alternatives are not feasible;
b. Section 4.9(A)(2), items (a) and (c)-(e).
C. Alterations of a Watercourse
For the purpose of these regulations, a watercourse is altered when any change
occurs within its banks. The extent of the banks shall be established by a
field determination of the "bankfull stage." The field determination
of "bankfull stage" shall be based on methods presented in Chapter 7
of the USDA Forest Service General Technical Report RM-245, Stream Channel
Reference Sites: An Illustrated Guide to Field Technique or other applicable
publication available from a Federal, State, or other authoritative source.
For all proposed developments that alter a watercourse, the following
1. The bankfull flood carrying capacity of the altered or relocated
portion of the watercourse shall not be diminished. Prior to the issuance of
a floodplain development permit, the applicant must submit a description of
the extent to which any watercourse will be altered or relocated as a result
of the proposed development, and certification by a registered professional
engineer that the bankfull flood carrying capacity of the watercourse will
not be diminished.
2. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio
Department of Natural Resources, Division of Water, must be notified prior
to any alteration or relocation of a watercourse. Evidence of such
notification must be submitted to the Federal Emergency Management Agency.
3. The applicant shall be responsible for providing the necessary
maintenance for the altered or relocated portion of said watercourse so that
the flood carrying capacity will not be diminished. The Floodplain
Administrator may require the permit holder to enter into an agreement with
the Village of Grand Rapids specifying the maintenance responsibilities. If
an agreement is required, it shall be made a condition of the floodplain
4. The applicant shall meet the requirements to submit technical data
in Section 3.10(A)(1)(c) when an alteration of a watercourse results in the
relocation or elimination of the special flood hazard area, including the
placement of culverts.
SECTION 5.0: APPEALS AND VARIANCES
5.1 Appeals Board Established
A. The Village of Grand Rapids Planning Commission is hereby appointed to
serve as the Appeals Board for these regulations as established by the Village
of Grand Rapids Code.
B. Records of the Appeals Board shall be kept and filed in the Village
Administrative Building, 17460 Sycamore Road, Grand Rapids
5.2 Powers and Duties
A. The Appeals Board shall hear and decide appeals where it is alleged
there is an error in any order, requirement, decision or determination made by
the Floodplain Administrator in the administration or enforcement of these
B. Authorize variances in accordance with Section 5.4 of these regulations.
Any person affected by any notice and order, or other official action of the
Floodplain Administrator may request and shall be granted a hearing on the
matter before the Appeals Board provided that such person shall file, within 20
days of the date of such notice and order, or other official action, a brief
statement of the grounds for such hearing or for the mitigation of any item
appearing on any order of the Floodplain Administrator's decision. Such appeal
shall be in writing, signed by the applicant, and be filed with the Floodplain
Administrator. Upon receipt of the appeal, the Floodplain Administrator shall
transmit said notice and all pertinent information on which the Floodplain
Administrator's decision was made to the Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a
reasonable time for the appeal, give notice in writing to parties in interest,
and decide the appeal within a reasonable time after it is submitted.
Any person believing that the use and development standards of these regulations
would result in unnecessary hardship may file an application for a variance. The
Appeals Board shall have the power to authorize, in specific cases, such
variances from the standards of these regulations, not inconsistent with Federal
regulations, as will not be contrary to the public interest where, owning to
special conditions of the lot or parcel, a literal enforcement of the provisions
of these regulations would result in unnecessary hardship.
A. Application for a Variance
1. Any owner, or agent thereof, of property for which a variance is
sought shall make an application for a variance by filing it with the
Floodplain Administrator, who upon receipt of the variance shall transmit it
to the Appeals Board.
2. Such application at a minimum shall contain the following information:
Name, address, and telephone number of the applicant; legal description of
the property; parcel map; description of the existing use; description of
the proposed use; location of the floodplain; description of the variance
sought; and reason for the variance request.
3. All applications for a variance shall be accompanied by a variance
application fee set in the schedule of fees adopted by the Village of Grand
B. Public Hearing
At such hearing the applicant shall present such statements and evidence as
the Appeals Board requires. In considering such variance applications, the
Appeals Board shall consider and make findings of fact on all evaluations, all
relevant factors, standards specified in other sections of these regulations
and the following factors:
1. The danger that materials may be swept onto other lands to the injury
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the
5. The availability of alternative locations for the proposed use that are
not subject to flooding or erosion damage.
6. The necessity to the facility of a waterfront location, where applicable.
7. The compatibility of the proposed use with existing and anticipated
8. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area.
9. The safety of access to the property in times of flood for ordinary and
10. 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.
11. 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
C. Variances should only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the property.
Increased cost or inconvenience of meeting the requirements of these
regulations does not constitute an exceptional hardship to the applicant.
3. A determination that the granting of a variance will not result in
increased flood heights beyond that which is allowed in these regulations;
additional threats to public safety; extraordinary public expense,
nuisances, fraud on or victimization of the public, or conflict with
existing local laws.
4. A determination that the structure or other development is protected by
methods to minimize flood damages.
5. A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these
regulations, the Appeals Board may attach such conditions to the granting of
variances, as it deems necessary to further the purposes of these regulations.
D. Other Conditions for Variances
1. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
2. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items in Section 5.4(B)(1) to (11)
have been fully considered. As the lot size increases beyond one half acre,
the technical justification required for issuing the variance increases.
3. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
5.5 Procedure at Hearings
1. All testimony shall be given under oath.
2. A complete record of the proceedings shall be kept, except confidential
deliberations of the Board, but including all documents presented and a
verbatim record of the testimony of all witnesses.
3. The applicant shall proceed first to present evidence and testimony in
support of the appeal or variance.
4. The administrator may present evidence or testimony in opposition to the
appeal or variance.
5. All witnesses shall be subject to cross-examination by the adverse party or
6. Evidence that is not admitted may be proffered and shall become part of the
record for appeal.
7. The Board shall issue subpoenas upon written request for the attendance of
witnesses. A reasonable deposit to cover the cost of issuance and service
shall be collected in advance.
8. The Board shall prepare conclusions of fact supporting its decision. The
decision may be announced at the conclusion of the hearing and thereafter
issued in writing or the decision may be issued in writing within a reasonable
time after the hearing.
5.6 Appeal to the Court
Those aggrieved by the decision of the Appeals Board may appeal such
decision to the Wood County Court of Common Pleas, as provided in Chapter 2506
of the Ohio Revised Code.
SECTION 6.0: ENFORCEMENT
6.1 Compliance Required
A. No structure or land shall hereafter be located, erected, constructed,
reconstructed, repaired, extended, converted, enlarged or altered without full
compliance with the terms of these regulations and all other applicable
regulations which apply to uses within the jurisdiction of these regulations,
unless specifically exempted from filing for a development permit as stated in
B. Failure to obtain a floodplain development permit shall be a violation of
these regulations and shall be punishable in accordance with Section 6.3.
C. Floodplain development permits issued on the basis of plans and
applications approved by the Floodplain Administrator authorize only the use,
and arrangement, set forth in such approved plans and applications or
amendments thereto. Use, arrangement, or construction contrary to that
authorized shall be deemed a violation of these regulations and punishable in
accordance with Section 6.3.
6.2 Notice of Violation
Whenever the Floodplain Administrator determines that there has been a violation
of any provision of these regulations, he shall give notice of such violation to
the person responsible therefore and order compliance with these regulations as
hereinafter provided. Such notice and order shall:
A. Be put in writing on an appropriate form;
B. Include a list of violations, referring to the section or sections of these
regulations that have been violated, and order remedial action, which, if
taken, will effect compliance with the provisions of these regulations;
C. Specify a reasonable time for performance;
D. Advise the owner, operator, or occupant of the right to appeal;
E. Be served on the owner, occupant, or agent in person. However, this notice
and order shall be deemed to be properly served upon the owner, occupant, or
agent if a copy thereof is sent by registered or certified mail to the
person's last known mailing address, residence, or place of business, and/or a
copy is posted in a conspicuous place in or on the dwelling affected.
6.3 Violations and Penalties
Violation of the provisions of these regulations or failure to comply with any
of its requirements shall be deemed to be a strict liability offense, and shall
constitute a First (1st) degree misdemeanor. Any person who violates these
regulations or fails to comply with any of its requirements shall upon
conviction thereof be fined or imprisoned as provided by the laws of the Village
of Grand Rapids. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the Village of Grand
Rapids from taking such other lawful action as is necessary to prevent or remedy
any violation. The Village of Grand Rapids shall prosecute any violation of
these regulations in accordance with the penalties stated herein.
SECTION 7.0: ADOPTION
This Ordinance shall take effect from and after the earliest period allowed by
law and replaces Ordinance Number 2001-12, which is hereby repealed.