22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

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B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be no- tified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Manage- ment Agency. C. 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 City of Lakewood specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain de- velopment permit. D. The applicant shall meet the requirements to submit technical data in Section 1308.20(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. 1308.24 APPEALS AND VARIANCES. (a) Appeals Board Established. The City of Lakewood Board of Build- ing Standards and Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by City Code. Records of the Appeals Board shall be kept and filed in City Hall at 12650 Detroit Avenue, Lakewood, Ohio. (b) Powers and Duties. The Appeals Board shall hear and decide ap- peals where it is alleged there is an error in any order, requirement, de- cision or determination made by the Floodplain Administrator in the ad- ministration or enforcement of these regulations and authorize variances in accordance with Section 1308.24(d) of these regulations. (c) Appeals. 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 30 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 ofthe 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 deci- sion 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 inter- est, and decide the appeal within a reasonable time after it is submitted. (d) Variances. 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, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regula- tions would result in unnecessary hardship. (1) Application for a variance. A. 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 trans- mit it to the Appeals Board. tfa