Duties of the local administrator shall include, but not be limited to:
(A) Provide base flood elevation and freeboard.
(1) When base flood elevation has been provided in accordance with § 151.368, Basis for Establishing the Areas of Special Flood Hazard, the local Floodplain Administrator shall provide it to the Building Official along with any freeboard requirements established in § 151.377 Specific Standards.
(2) When base flood elevation data has not been provided (A and V Zones) in accordance with § 151.368 Basis for Establishing the Areas of Special Flood Hazard, the local floodplain administrator shall obtain, review, and provide any base flood elevation and floodway data available from a federal, state, or other source, in order to administer § 151.377, Specific Standards, and § 151.378.
(B) Permit review.
(1) Review all development permits to determine that the permit requirements of this subchapter have been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 151.379 are met.
(C) Information to be obtained and maintained.
(1) Maintain for public inspection all records pertaining to the provisions of this subchapter.
(2) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in division (A) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement.
(3) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in division (A) of this section.
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in § 151.373(B)(3).
(4) Maintain for public inspection all records pertaining to the provisions of this subchapter.
(D) Alteration of watercourses.
(1) Development shall not diminish the flood carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development the applicant must submit certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.
(2) Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(3) Require that maintenance is provided within the altered or relocated portion of said watercourse, so that the flood carrying capacity is not diminished.
(4) Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before any encroachment, including fill, new construction, substantial improvement, or other development, in the regulatory floodway is permitted. The applicant shall be responsible for preparing technical data to support the CLOMR application and paying any processing or application fees to FEMA.
(E) Requirement to submit new technical data.
(1) Notify FEMA within 6 months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR).
(2) The applicant shall be responsible for preparing technical data to support the LOMR application and paying any processing or application fees to FEMA.
(3) The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.
(F) Non-conversion of enclosed areas below the lowest floor. To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation/recreation/bathrooms, and the like, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are 5 feet or higher;
(2) Require such applicants to enter into a "Non-Conversion Deed Declaration for Construction Within Flood Hazard Areas" or equivalent. The deed declaration shall be recorded with the City of Banks and shall be in a form acceptable to the Floodplain Administrator.
(G) Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 C.F.R. § 59-76).
(Ord. 2021-08-02, passed 10-12-2021)