(a)   A screen buffer, as defined in paragraph (b) below shall be provided:

      (1)   Between Office, Commercial, Light Industrial and Institutional Districts and a contiguous residential district (on the property of the non-residential use);

      (2)   Along any district boundary line of a Townhouse or Multi-family Residential District;

      (3)   Along the rear lot line of a Light Industrial District or Commercial District where the rear yard abuts a public road, other than a limited access freeway or interstate highway.

   (b)   The screen and buffer shall consist of an earthen mound at least two and one- half feet high, landscaped with a high and low vegetative screen. The high screen shall consist of a dense row of evergreen trees or equivalent planted at intervals of not more than ten feet on centers and at an initial height of at least two feet.

   (c)   The above requirements of Section 1131.05 shall not apply in the following cases:

      (1)   Where natural or man-made barriers exist which provide screening and buffering equivalent to that provided by the above requirements;

      (2)   For uses existing at the effective date of this section, except in the cases of an enlargement of a use representing a fifty percent (50%) or greater increase in either the gross floor area of principal buildings or in the area of site in active use (i.e., for buildings, parking, storage, etc.).

      (3)   Where insufficient side or rear yard dimensions limit the ability to provide buffers or screens between different zoning classes. In these situations a fence of at least six feet (6') in height and constructed of approved materials may be constructed in lieu of mounds. Fences shall provide a minimum of fifty percent (50%) opacity and may be constructed no closer than two inches (2") to the property line. Interior sides of such fences shall be provided with landscaping, consisting primarily of evergreen species, sufficient to soften the visual image and to provide some additional screening of lights and noise.

      (4)   No fence may be constructed of barbed wire, electrically charged wire, or material inherently dangerous to life or limb, except on lands whereon the applicant has requested a variance before Planning Commission base on the need for security. The basis for security fencing must be adequately demonstrated to Planning Commission by the applicant. Planning Commission may deny a variance for security fencing where it feels there is inadequate justification.

   (a)   It is hereby determined that the system of rivers, streams, and other natural watercourses within the Village of Highland Hills contributes to the health, safety, and general welfare of the residents of the Village of Highland Hills. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:

      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.

      (2)   Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, stream bank erosion, and the downstream transport of sediments eroded from watercourse banks.

      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

      (4)   Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.

      (5)   Provide watercourse habitats with shade and food.

      (6)   Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.

      (7)   Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

      (8)   Benefit the Village of Highland Hills by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the Village of Highland Hills, and thereby preserving the character of the Village of Highland Hills, the quality of life of the residents of the Village of Highland Hills, and corresponding property values.

   (b)   The following regulation has been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in the Village of Highland Hills.

(Ord. 2012-39. Passed 7-11-12.)

   (a)   This regulation shall apply to all zoning districts.

   (b)   This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.

   (c)   No approvals or permits shall be issued by the Village of Highland Hills without full compliance with the terms of this regulation.

(Ord. 2012-39. Passed 7-11-12.)

   (a)   Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.

   (b)   This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1132.03 (a) of this regulation.

   (c)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 2012-39. Passed 7-11-12.)

   For the purpose of this regulation, the following terms shall have the meaning herein indicated:

   (a)   COMMUNITY: Throughout this regulation, this shall refer to the Village of Highland Hills or its designated representatives, boards, or commissions.

   (b)   DAMAGED OR DISEASED TREES: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.

   (c)   DESIGNATED WATERCOURSE: A watercourse within the Village of Highland Hills that is in conformity with the criteria set forth in this regulation.

   (d)   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.

   (e)   IMPERVIOUS COVER: Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools.

   (f)   IN-LINE POND: A permanent pool of water created by impounding a designated watercourse.

   (g)   NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.

   (h)   100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.

   (i)   OHIO ENVIRONMENTAL PROTECTION AGENCY: Referred throughout this regulation as the "Ohio EPA."

   (j)   ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.

   (k)   RIPARIAN AREA: Land adjacent to watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

   (l)   RIPARIAN SETBACK: The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.

   (m)   SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga County SWCD.

   (n)   SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

   (o)   SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.

   (p)   WATERCOURSE: Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

   (q)   WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended).
(Ord. 2012-39. Passed 7-11-12.)

   (a)   Designated watercourses shall include those watercourses meeting any ONE of the following criteria:

      (1)   All watercourses draining an area greater than ½ square mile, OR

      (2)   All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village of Highland Hills may consult with a representative of the Cuyahoga County SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.

   (b)   Riparian setbacks on designated watercourses are established as follows:

      (1)   A minimum of 150 feet on either side of all watercourses draining an area greater than 300 square miles.

      (2)   A minimum of 75 feet on either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.

      (3)   A minimum of 50 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.

      (4)   A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the Village of Highland Hills in Section 1132.05 of this regulation.

   (c)   Riparian Setback Guide Map. The Village of Highland Hills shall create a guide map identifying designated watercourses and their riparian setbacks. Said guide map is attached hereto and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Guide Map:

      (1)   It shall be used as a reference document and the information contained therein shall be believed to be accurate.

      (2)   It shall be a guide only. This map was prepared as a Riparian Setback Map by the Village of Highland Hills in accordance with Section 1132.05. The Village of Highland Hills digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The Village of Highland Hills assumes no legal responsibility for this information.

      (3)   Nothing herein shall prevent the Village of Highland Hills from amending the Riparian Setback Guide Map from time to time as may be necessary.

      (4)   If any discrepancy is found between the Riparian Setback Guide Map and this regulation, the criteria set forth in Section 1132.05 (a) and (b) shall prevail.

   (d)   The following conditions shall apply in riparian setbacks:

      (1)   Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse, except for in-line ponds as addressed in Section 1132.05.

      (2)   Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.

      (3)   Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the Village of Highland Hills may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Village of Highland Hills. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.

      (4)   Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. In addition, wetlands within riparian setbacks shall be protected with the same setback as required for the associated stream. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by the Village of Highland Hills to the applicant.

   The minimum riparian setback on an in-line pond existing at the time of application of this regulation shall be measured from the ordinary high water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. Riparian setbacks on inline ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1132.05. The creation of new in-line impoundments shall not be permitted under these regulations.

         (Ord. 2012-39. Passed 7-11-12.)

   (a)   The applicant shall be responsible for delineating riparian setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the Village of Highland Hills. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional as determined by the Village of Highland Hills and shall be based on a survey of the affected land. Ten (10) copies of the site plan shall be submitted. The site plans shall include the following information:

      (1)   The boundaries of the lot with dimensions.

      (2)   The locations of all designated watercourses.

      (3)   The limits, with dimensions, of the riparian setbacks.

      (4)   The existing topography at intervals of two (2) feet.

      (5)   The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.

      (6)   North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.

      (7)   Other such information as may be necessary for the Village of Highland Hills to ensure compliance with this regulation.

   (b)   The Village of Highland Hills may, in reviewing the site plan, consult with the Cuyahoga County SWCD or other such experts. Any costs associated with this review may be assessed to the applicant.

   (c)   If soil disturbing activities will occur within 50 feet of the outer boundary of the applicable riparian setback as specified in this regulation, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.

   (d)   No approvals or permits shall be issued by the Village of Highland Hills prior to identification of riparian setbacks on the affected land in conformance with this regulation.

(Ord. 2012-39. Passed 7-11-12.)

   (a)   By Right Uses Without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.

      (1)   Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.

      (2)   Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.

      (3)   Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.

   (b)   By Conditional Use Permit Granted by the Planning and Zoning Commission. When granting Conditional Use Permits for the following uses, the Planning and Zoning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance.

      (1)   Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances.

      (2)   If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the Village of Highland Hills. Proof of compliance shall be the following:

         A.   A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or

         B.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or

         C.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.

      (3)   Stream Bank Stabilization Projects. Stream bank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such stream bank stabilization measures shall only be undertaken upon approval of a Stream Bank Stabilization Plan by the Planning and Zoning Commission. Any costs associated with review of Stream Bank Stabilization Plans may be assessed to the applicant.

   If stream bank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to the Village of Highland Hills. Proof of compliance shall be the following:

         A.   A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or

         B.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or,

         C.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.

      (4)   Landscaping: The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning and Zoning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:

         A.   Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.

         B.   Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.

            (Ord. 2012-39. Passed 7-11-12.)

   Any use not authorized under this regulation shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:

   (a)   Construction. There shall be no buildings or structures of any kind.

   (b)   Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.

   (c)   Fences and Walls: There shall be no fences or walls, except as permitted under this regulation.

   (d)   Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.

   (e)   Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation within riparian setbacks except for the following:

      (1)   Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.

      (2)   Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.

      (3)   Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.

   (f)   Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, or loading/unloading spaces.

   (g)   New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga County Board of Health.

      (Ord. 2012-39. Passed 7-11-12.)

   Variances to these regulations may be granted through the process described in Chapter 1145 of the Zoning Regulations of the Village of Highland Hills.

(Ord. 2012-39. Passed 7-11-12.)

   The identification of riparian setbacks shall be inspected by the Village of Highland Hills:

   (a)   Prior to soil disturbing activities authorized under this regulation. The applicant shall provide the Village of Highland Hills with at least two (2) working days written notice prior to starting such soil disturbing activities.

   (b)   Any time evidence is brought to the attention of the Village of Highland Hills that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.
(Ord. 2012-39. Passed 7-11-12.)

   (a)   Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in Section 501.99 and shall be required to restore the riparian setback through a restoration plan approved by the Planning and Zoning Commission.

   (b)   The imposition of any other penalties provided herein shall not preclude the Village of Highland Hills from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village of Highland Hills Zoning Inspector.
(Ord. 2012-39. Passed 7-11-12.)

   (a)   Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Village Council of the Village of Highland Hills, State of Ohio, does ordain as follows:

   (b)   Findings of Fact. While the Village of Highland Hills, Ohio has no special flood hazard areas previously identified by the Federal Emergency Management Agency, there may exist unidentified locations 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. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

   (c)   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.
(Ord. 2012-40. Passed 7-11-12.)

   In order to accomplish its purposes, these regulations include methods and provisions for:

   (a)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

   (b)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

   (c)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

   (d)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

   (e)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
(Ord. 2012-40. Passed 7-11-12.)

   These regulations shall apply to all areas of special flood hazard within the jurisdiction of the Village as identified in Section 1134.04, including any additional areas of special flood hazard annexed by the Village of Highland Hills.

(Ord. 2012-40. Passed 7-11-12.)

   In that no FEMA flood hazard area map exists for lands within the Village of Highland Hills, the basis for establishing areas of special flood hazard may include 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 Highland Hills as required by Section 1134.19 Subdivisions and Large Scale Developments.

(Ord. 2012-40. Passed 7-11-12.)

   These regulations are not intended to repeal any existing ordinances (resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (resolution), 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.

(Ord. 2012-40. Passed 7-11-12.)

   In the interpretation and application of these regulations, all provisions shall be:

   (a)   Considered as minimum requirements;

   (b)   Liberally construed in favor of the governing body; and,

   (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 these regulations.

      (Ord. 2012-40. Passed 7-11-12.)

   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 Highland Hills, 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.

(Ord. 2012-40. Passed 7-11-12.)

   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.

(Ord. 2012-40. Passed 7-11-12.)

   (a)    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.

      (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:

         A.    The overflow of inland or tidal waters, and/or

         B.   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:

         A.   Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

         B.   Zones A1-30 and Zone AE:    Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.

         C.   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.

         D.   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.

         E.   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.

         F.   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.

         G.   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 (1) 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)   A.   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.

         B.   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.

      (18)   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.

      (19)   Historic structure: Any structure that is:

         A.   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;

         B.   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

         C.   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

      (20)   Hydrologic and hydraulic engineering analysi s. 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.

      (21)   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:

      (22)   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.

      (23)   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.

      (24)   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.

      (25)   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.

      (26)   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.

      (27)   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.

      (28)   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.

      (29)   New construction . Structures for which the "start of construction" commenced on or after the initial effective date of these regulations and includes any subsequent improvements to such structures.

      (30)   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.

      (31)   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.

      (32)   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.

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

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

      (35)   Special Flood Hazard Are a. 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.

      (36)   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.

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

      (38)   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.

      (39)   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:

         A.   Any improvement to a structure that is considered "new construction,"

         B.   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

         C.   Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".

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

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

         (Ord. 2012-40. Passed 7-11-12.)

   (a)   Designation of the Floodplain Administrator. The Village Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

   (b)   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 floodplain boundaries 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, must meet the development standards of these regulations.

   (c)    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 1134.04, 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.

   (d)   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:

         A.    Floodproofing certification for non-residential floodproofed structure as required in Section 1134.21.

         B.    Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1134.20 are designed to automatically equalize hydrostatic flood forces.

         C.   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 1134.26(d).

         D.   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 1134.26(c)

         E.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1134.26.

         F.   Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1134.19.

      (6)   Flood Plain Development Permit Application Fee as set by Village Council and contained in the Schedule of Fees adopted by the Village of Highland Hills.

      (7)   Review and Approval of a Floodplain Development Permit Application.

         A.   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 1134.10(a) has been received by the Floodplain Administrator.

         B.   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.

      (8)   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 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.

      (9)   Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

         (Ord. 2012-40. Passed 7-11-12.)

   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 1134.14, a Letter of Map Revision.
(Ord. 2012-40. Passed 7-11-12.)

   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 City Council in accordance with Section 1134.27.

(Ord. 2012-40. Passed 7-11-12.)

   An application for a floodplain development permit shall not be required for:

   (a)   Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.

   (b)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.

   (c)   Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.

   (d)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.

   (e)   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

   Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

(Ord. 2012-40. Passed 7-11-12.)

   To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that flood maps, studies and other data identified in Section 1134.04 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 area;

         C.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

         D.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1134.19.

      (2)   It is the responsibility of the applicant to have technical data, required in accordance with Section 1134.14, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

      (3)   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

         A.   Proposed floodway encroachments that increase the base flood elevation; and

         B.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

      (4)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1134.14.

   (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 Highland Hills 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 Highland Hills 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 any future Village of Highland Hills Flood Insurance Rate Map accurately represents the Village boundaries, include within such notification a copy of a map of the Village of Highland Hills suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village has assumed or relinquished floodplain management regulatory authority.

      (Ord. 2012-40. Passed 7-11-12.)

   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 1134.27, 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.

(Ord. 2012-40. Passed 7-11-12.)

   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:

   (a)   Determine whether damaged structures are located in special flood hazard areas;

   (b)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

   (c)   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

   Additionally, the Floodplain Administrator 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.

(Ord. 2012-40. Passed 7-11-12.)

   (a)   Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the Village of Highland Hills 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.

         (Ord. 2012-40. Passed 7-11-12.)

   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.

      (Ord. 2012-40. Passed 7-11-12.)

   (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 1134.14(a)(1)D. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1134.19(d).

(Ord. 2012-40. Passed 7-11-12.)

   (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 (Section 1134.20(a)) and construction materials resistant to flood damage (Section 1134.20(b)) are satisfied.

   (b)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

   (c)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

   (d)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

   (e)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

      (1)   Be used only for the parking of vehicles, building access, or storage; and

      (2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

      (3)   Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   (f)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.

   (g)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1134.20.

   (h)   For communities having ao zones: In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.]

(Ord. 2012-40. Passed 7-11-12.)

   (a)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1134.20 (a) - (c) and (e) -(g).

   (b)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

      (1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

      (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 1134.21(b)(1) and (2).

         (Ord. 2012-40. Passed 7-11-12.)

   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 elevation; and

   (f)   They shall meet the opening requirements of Section 1134.20(e)(3);

      (Ord. 2012-40. Passed 7-11-12.)

   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 1134.20.

      (Ord. 2012-40. Passed 7-11-12.)

   All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(Ord. 2012-40. Passed 7-11-12.)

   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.

(Ord. 2012-40. Passed 7-11-12.)

   (a)   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

   (b)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

      (1)   Meet the requirements to submit technical data in Section 1134.14(a);

      (2)   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

      (3)   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

      (4)   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

      (5)   Concurrence of the Mayor of the Village of Highland Hills and the Chief Executive Officer of any other communities impacted by the proposed actions.

   (c)   Development in Riverine Areas with Base Flood Elevations but No Floodways.

      (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 applicant:

         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; and

         B.   Section 1134.26(b)(1-5).

   (d)   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 standards apply:

      (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 Highland Hills specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

      (4)   The applicant shall meet the requirements to submit technical data in Section 1134.14(a)(1)A. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

         (Ord. 2012-40. Passed 7-11-12.)

   (a)   Highland Hills Board of Zoning Appeals 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 regulations.

   (b)   Authorize variances in accordance with Chapter 1145 of these regulations.

(Ord. 2012-40. Passed 7-11-12.)

   (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 Section 1134.13.

   (b)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1134.30.

   (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 1134.30.

(Ord. 2012-40. Passed 7-11-12.)

   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.

      (Ord. 2012-40. Passed 7-11-12.)

   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 minor 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 Highland Hills. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Highland Hills from taking such other lawful action as is necessary to prevent or remedy any violation. The Village of Highland Hills shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 2012-40. Passed 7-11-12.)

   The purpose of this chapter is to establish guidelines for siting Wind Energy Turbines (WETs). The goals are as follows:

   (a)   To promote the safe, effective and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity.

   (b)   Preserve and protect public health, safety, welfare and quality of life by minimizing the potential adverse impacts of a WET.

   (c)   To establish standards and procedures by which the siting, design, engineering, installation, operation and maintenance of a WET shall be governed.

   (d)   To regulate various sizes of WET's for the protection of public health, safety and welfare regardless of the nature of ownership interests (i.e. public utility, private utility, community owned, etc.).

      (Ord. 2012-38. Passed 7-11-12.)

   (a)   This chapter applies to all WETs proposed to be constructed after the effective date of this chapter.

   (b)   All WETs constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; however, any physical modification to an existing WET that materially alters the size, type, equipment or location shall require a permit under this chapter.
(Ord. 2012-38. Passed 7-11-12.)

   Sampling anemometers may be permitted as temporary uses by the Zoning Administrator in compliance with the provisions contained herein and the applicable WET regulations.

   (a)   Anemometers.

      (1)   The construction, installation or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state and federal applicable safety, construction, environmental, electrical, communications and FAA requirements.

      (2)   An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements and decommissioning that correspond to the size of the WET that is proposed to be constructed on the site.

      (3)   An anemometer shall be permitted for no more than thirteen (13) months for a STMWET or MWET and no more than three (3) years for a LWET.

         (Ord. 2012-38. Passed 7-11-12.)

   Small Structure-Mounted Wind Energy Turbines (SSMWET)s shall not be permitted in any district. Small Tower-Mounted Wind Energy Turbine (STMWET)s shall be considered a conditional use in all zoning districts and shall not be erected, constructed, installed or modified unless the requirements of this chapter have been complied with and a building permit has been issued to the Owner(s) or Operator(s).

   STMWETs are subject to the following minimum requirements:

   (a)   Siting and Design Requirements:

      (1)   Visual Appearance.

         A.   A STMWET, including accessory buildings and related structures shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the turbine, tower and any ancillary facility shall be maintained throughout the life of the SSMWET or STMWET.

         B.   A STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority or otherwise necessary for the reasonable safety and security thereof.

         C.   STMWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer.

      (2)   Ground Clearance: The lowest extension of any blade or other exposed moving component of a STMWET shall be at least fifteen (15) feet above the ground (at the highest point of the natural grade within thirty (30) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the STMWET.

      (3)   Noise: Noise emanating from the operation of a STMWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a STMWET shall not exceed, at any time, the lowest ambient noise level plus 5 dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential use parcel.

      (4)   Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a STMWET is located.

      (5)   In addition to the Siting and Design Requirements listed previously, the STMWET shall also be subject to the following:

         A.   Height: The Total Height of a STMWET shall not exceed one hundred twenty (120) feet.

         B.   Location: The STMWET shall be permitted in any zoning district but shall only be located in a rear yard of a property that has an occupied building and/or on individual parcel size of more than 2 acres with sufficient minimum dimensions to enable compliance with other setbacks.

         C.   Occupied Building Setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of twenty (20) feet measured from the base of the Tower.

         D.   Other Setbacks: The setback shall not be less than one and one quarter (1.25) times the Total Height of the STMWET, as measured from the base of the Tower, from the property line, public right-of-way, public easement or overhead public utility lines.

         E.   Separation: If more than one STMWET is installed, a distance equal to the height of the highest STMWET must be maintained between the base of each STMWET.

         F.   Electrical System: All electrical controls, inverter or other mechanical equipment not mounted on the tower shall be contained in a weather protected cabinet or ground mounted box. Connecting wires including control wiring, grounding wires, power lines and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practical. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

   (b)   Permit Application Requirements:

      (1)   Name of property owner(s), address and parcel number.

      (2)   A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the STMWET, property lines, physical dimensions of the property, existing buildings(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.

      (3)   The proposed type and height of the STMSET to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter and a description of ancillary facilities.

      (4)   Documented compliance with the noise requirements set forth in this Ordinance.

      (5)   Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications and FAA requirements.

      (6)   Proof of applicant's liability insurance.

      (7)   Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

      (8)   Other relevant information as may be reasonably requested.

      (9)   Signature of the Applicant.

      (10)   In addition to the Permit Application Requirements previously listed, the STMWET Application shall also include the following:

         A.   A description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.

   (c)   Safety Requirements:

      (1)   If the STMWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state and industry standards applicable to wind power generation facilities and the connection shall be inspected by the appropriate public utility.

      (2)   The STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

      (3)   A clearly visible warning sign regarding voltage shall be placed at the base of the STMWET.

      (4)   The structural integrity of the STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing" or any similar successor standards.

   (d)   Signal Interference:

      (1)   The STMWET shall not interfere with communication system such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.

   (e)   Decommissioning:

      (1)   The STMWET Owner(s) or Operator(s) shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or assigns of the STMWET and for good cause, the Zoning Admnistrator may grant a reasonable extension of time. The STMWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the Owner(s) or Operator(s).

      (2)   If the STMWET Owner(s) or Operator(s) fails to complete decommissioning within the period prescribed above, Highland Hills Village may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the STMWET is not owned by the property owner(s), a bond must be provided to the Village of Highland Hills for the cost of decommissioning each STMWET.

      (3)   In addition to the Decommissioning Requirements listed previously, the STMWET shall also be subject to the following:

         A.   Decommissioning shall include the removal of each STMWET, buildings, electrical components and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade or to the level of the bedrock if less than sixty (60) inches below grade.

         B.   The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.

   (f)   Public Inquiries and Complaints:

      (1)   Should an aggrieved property owner allege that the STMWET is not in compliance with the noise requirements of this chapter, the procedure shall be as follows:

         A.   Noise Complaint

            1.   Notify the Highland Hills Zoning Admnistrator, in writing, regarding concerns about noise level.

            2.   If the complaint is deemed sufficient by the Zoning Admnistrator, the Village will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this chapter.

            3.   If the test indicates that the noise level is within chapter noise requirements, the Village will use the deposit to pay for the test.

            4.   If the STMWET Owner(s) is in violation of the chapter noise requirements, the Owner(s) shall reimburse the Village for the noise level test and take immediate action to bring the STMWET into compliance which may include ceasing operation of the WET until chapter violations are corrected. The Village of Highland Hills will refund the deposit to the aggrieved property owner.

               (Ord. 2012-38. Passed 7-11-12.)

   A Medium Wind Energy Turbine (MWET) shall be a conditional use in industrial, commercial, mixed use and public facility districts. MWETs may also be permitted conditionally in residential subdivision common areas or public open spaces of more than five (5) acres.

   A Large Wind Energy Turbine (LWET) shall be a conditional use in the Wind Energy Overlay District.

   In addition to the materials required for all conditional use applications, the application shall include the following:

   (a)   Siting and Design Requirements:

      (1)   The design of a MWET or LWET shall conform to all applicable industry standards.

      (2)   Visual Appearance:

         A.   Each MWET or LWET, including accessory buildings and other related structures, shall be mounted on a tubular or lattice tower and be of a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET or LWET.

         B.   Each MWET or LWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority or otherwise necessary for the reasonable safety and security thereof.

         C.   Each MWET or LWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for reasonable identification of the turbine manufacturer or operators(s).

      (3)   Vibration: Each MWET or LWET shall not produce vibrations humanly perceptible beyond the property on which it is located.

      (4)   Shadow Flicker: The MWET or LWET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the MWET or LWET. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.

      (5)   Electrical System: All electrical controls, control wiring, grounding wires, power lines and all other electrical system components of the MWET or LWET shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

      (6)   In addition to the Siting and Design Requirements listed previously, the MWET shall also be subject to the following:

         A.   Location: A MWET may be permitted in any zoning district but shall be located in the rear or side yard of a property of at least 2 acres area with sufficient dimensions to enable compliance with other applicable setbacks.

         B.   Height: The Total Height of a MWET shall not exceed one hundred and fifty (150) feet.

         C.   Ground Clearance: The lowest extension of any blade or other exposed moving component of a MWET shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty (50) feet of the base of the tower) and in addition, at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the MWET.

         D.   Noise:

            1.   Noise emanating from the operation of a MWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a MWET(s) shall not exceed, at any time, the lowest ambient noise level plus 5 dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential use parcel.

         E.   Quantity: The number of MWETs shall be determined based on setbacks and separation.

         F.   Setback and Separation:

            1.   Occupied Building Setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of twenty (20) feet measured from the base of the Tower.

            2.   Property Line Setbacks: With the exception of the locations of public roads (see below), right-of-ways and parcels with occupied buildings (see above), the internal property line setbacks shall be equal to the Total Height of the MWET as measured from the base of the Tower. This setback may be reduced if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the WET.

            3.   Public Road Setbacks: Each MWET shall be set back from the nearest public road a distance equal to the Total Height of the MWET, determined at the nearest boundary of the underlying right-of-way for such public road.

            4.   Communication and Electrical Lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the Total Height of the MWET, as measured from the base of the Tower, determined from the existing power line or telephone line.

            5.   Tower Separation: MWET/tower separation shall be based on industry standard and manufacturer recommendation.

      (7)   In addition to the Siting and Design Requirements listed previously, the LWET shall also be subject to the following:

         A.   Location: LWETs shall only be permitted in industrial districts or a public facilities district on properties with a parcel size larger than 10 acres with sufficient dimensions to enable compliance with applicable setbacks.

         B.   Ground Clearance: The lowest extension of any blade or other exposed moving component of a LWET shall be at least fifty (50) feet above the ground (at the highest point of the grade level within one hundred fifty (150) feet of the base of the tower).

         C.   Noise:

            1.   Noise emanating from the operation of a LWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential or agricultural use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a LWET(s) shall not exceed, at any time, the lowest ambient noise level plus 5 dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential or non-agricultural use parcel.

         D.   Quantity: The number of LWETs shall be determined based on setbacks and separation.

         E.   Setback and Separation:

            1.   Occupied Building Setback: Each LWET shall be set back from the nearest Occupied Building that is located on the same parcel as the LWET a minimum of two (2) times its Total Height, as measured from the base of the Tower.

            2.   Property Line Setbacks: With the exception of the locations of public roads (see below), drain right-of-ways and parcels with Occupied Buildings (see above), the internal property line setbacks shall be a minimum of one and a quarter (1.25) times the Total Height, as measured from the base of the Tower. This setback may be reduced to a distance agreed upon as part of the special use permit if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the WET.

            3.   Public Road Setbacks: Each LWET shall be set back from the nearest public road a minimum distance no less than three hundred (300) feet or one and one half (1.5) times its Total Height, whichever is greater, determined at the nearest boundary of the underlying right-of-way for such public road.

            4.   Communication and Electrical Lines: Each LWET shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than three hundred (300) feet or one and one quarter (1.25) times its Total Height, whichever is greater, determined from the existing power line or telephone line.

            5.   Tower Separation: Turbine/tower separation shall be based on industry standards and manufacturer recommendation.

         F.   Access Driveway: Each LWET shall require the construction of a private road to offer an adequate means by which the Village may readily access the site in the event of an emergency. All private roads shall be constructed to the specifications of the Village Engineer.

   (b)   Safety Requirements:

      (1)   If the MWET or LWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations applicable to wind power generation facilities and the connection shall be inspected by the appropriate public utility.

      (2)   The MWET or LWET shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

      (3)   Security measures need to be in place to prevent unauthorized trespass and access. Each MWET or LWET shall not be climbable up to fifteen (15) feet above ground surfaces. All access doors to MWETs or LWETs and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).

      (4)   All spent lubricants, cooling fluids and any other hazardous materials shall be properly and safely removed in a timely manner.

      (5)   Each MWET or LWET shall have one sign, not to exceed two (2) square feet in area, posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:

         A.   Warning high voltage

         B.   Manufacturer's and owner/operators name

         C.   Emergency contact numbers (list more than one number)

      (6)   The structural integrity of the MWET or LWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22 "Wind Turbine Certification" and IEC 61400-23 "Blade Structural Testing" or similar successor standards.

   (c)   Signal Interference:

      (1)   The MWET or LWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.

   (d)   Decommissioning:

      (1)   The MWET or LWET Owner(s) or Operator(s) shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or the assigned of the MWET or LWET, and for good cause, the Village may grant a reasonable extension of time. Each MWET or LWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).

      (2)   Decommissioning shall include the removal of each MWET or LWET, buildings, or electrical components, as well as any other associated facilities, including foundations.

      (3)   All access roads to the MWET or LWET shall be removed, cleared and graded by the MWET or LWET Owner(s) unless the property owner(s) requests, in writing, a desire to maintain the access road.

      (4)   The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the MWET or LWET or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.

      (5)   In addition to the Decommissioning Requirements listed previously, the MWET shall also be subject to the following:

         A.   If the MWET Owner(s) or Operator(s) fail to complete decommissioning within the period prescribed above, the Village may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the MWET is not owned by the property owner(s), a bond must be provided to the Village of Highland Hills for the cost of decommissioning each MWET.

      (6)   In addition to the Decommissioning Requirements previously listed, the LWET shall also be subject to the following:

         A.   An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("Decommissioning Costs") with no regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("Net Decommissioning Costs"). When determining this amount, the Village may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Zoning Administrator after the first year of operation and every fifth year thereafter.

         B.   The LWET Owner(s) or Operator(s) shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided that at no point shall Decommissioning Funds be less than one hundred percent (100%) of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or state chartered lending institution chose by the Owner(s) or Operator(s) and participating landowner(s) posting the financial security and approved by the Village Law Director.

         C.   Decommissioning Funds shall be in the form of a performance bond made out to the Village of Highland Hills.

         D.   A condition of the bond shall be notification by the bond company to the Zoning Administrator when the bond is about to expire or be terminated.

         E.   Failure to keep the bond in effect while an LWET is in place will be a violation of the conditional use permit. If a lapse in the bond occurs, the Village of Highland Hills may take action up to and including requiring ceasing operation of the WET until the bond is reposted.

         F.   The escrow agent shall release the Decommissioning Funds when the Owner(s) has demonstrated and the Zoning Administrator concurs that decommissioning has be satisfactorily completed.

         G.   If neither the Owner(s) or Operator(s), not the landowner(s) complete decommissioning within the periods addressed previously (Decommissioning Requirements 1 and 2), then the Village of Highland Hills may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a Participating Landowner agreement to the Village of Highland Hills shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Village may take such action as necessary to implement the decommissioning plan.

   (e)   Site Plan Requirements:

      (1)   Site Plan Drawing: All applications for a MWET or LWET conditional use permit shall be accompanied by a detailed site plan map that is drawn to scale and dimensioned, displaying the following information:

         A.   Existing property features to include the following: property lines, physical dimensions of the property, land use, zoning district, contours, setback lines, right-of-ways, public and utility easements, public roads, access roads (including width), sidewalks, non-motorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location and use of all structures and utilities within three hundred (300) feet of the property.

         B.   Location and height of all proposed MWETs or LWETs, buildings, structures, ancillary equipment, underground utilities and their depth, towers, security fencing, access roads (including width, composition and maintenance plans), electrical sub-stations and other above-ground structures and utilities associated with the proposed MWET or LWET.

         C.   Additional details and information as required by the Chapter 1147-Conditional Uses Highland Hills Zoning Regulations or as requested by the Planning Commission.

      (2)   Site Plan Documentation: The following documentation shall be included with the site plan:

         A.   The contact information for the Owner(s) and Operator(s) of the MWET or LWET as well as contact information for all property owners on which the MWET or LWET is located.

         B.   A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed MWET or LWET. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.

         C.   Identification and location of the properties on which the proposed MWET or LWET will be located.

         D.   In the case of a subdivision or condominium development, a copy of the Deed, Covenants and Bylaws addressing the legal arrangement for the MWET or LWET.

         E.   The proposed number, representative types and height of each MWET or LWET to be constructed; including their manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated capacity, rotor diameter and a description of ancillary facilities.

         F.   Documents shall be submitted by the developer/manufacturer confirming specifications for MWET or LWET tower separation.

         G.   Documented compliance with the noise and shadow flicker requirements set forth in this Ordinance.

         H.   Engineering data concerning construction of the MWET or LWET and its base or foundation, which may include, but not limited to, soil boring data.

         I.   A certified registered engineer shall certify that the MWET or LWET meets or exceeds the manufacturer's construction and installation standards.

         J.   Anticipated construction schedule.

         K.   A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET or LWET to conduct maintenance, if applicable.

         L.   Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical and communications. The MWET and LWET shall comply with Federal Aviation Administration (FAA) requirements and any applicable regulations.

         M.   Proof of applicant's liability insurance.

         N.   Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

         O.   Other relevant information as may be requested by the Zoning Administrator to ensure compliance with the requirements of this Ordinance.

         P.   Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the Special Use Permit.

         Q.   A written description of the anticipated life of each MWET or LWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET(s) or LWET(s) become inoperative or non-functional.

         R.   The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's or LWET's useful life and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.

         S.   The Village reserves the right to review all maintenance plans and bonds under this Ordinance to ensure that all conditions of the permit are being followed.

         T.   Signature of the Applicant.

         U.   In addition to the Site Plan Requirements listed previously, the LWET shall be subject to the following:

            1.   A site grading, erosion control and storm water drainage plan will be submitted to the Zoning Administrator prior to issuing a conditional use permit for a LWET.

            2.   A description of the routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries and an agreement or bond which guarantees the repair of damage to public roads and other areas caused by construction of the LWET.

            3.   A statement indicating what hazardous materials will be used and stored on the site.

            4.   A study assessing any potential impacts on the natural environment (including, but not limited to, assessing the potential impact on endangered species, eagles, birds and/or other wildlife, wetlands and fragile ecosystems conducted by a qualified firm or individual.

   (f)   Certification and Compliance:

      (1)   The Village must be notified of a change in ownership of a MWET or LWET or a change in ownership of the property on which the MWET or LWET is located.

      (2)   The Village reserves the right to inspect any MWET and all LWET's in order to ensure compliance with this chapter. Any cost associated with the inspections shall be paid by the owner/operator of WET.

      (3)   In addition to the Certification & Compliance requirements listed previously, the LWET shall also be subject to the following:

         A.   A sound pressure level analysis shall be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any LWETs to demonstrate compliance with the requirements of this chapter. Proof of compliance with the noise standards is required within ninety (90) days of the date the LWET becomes operational. Sound shall be measured by a third-party, qualified professional.

         B.   The LWET Owner(s) or Operator(s) shall provide the Zoning Administrator with a copy of the yearly maintenance inspection.

            (Ord. 2012-38. Passed 7-11-12.)