§ 2.6 FLOODPLAIN ADMINISTRATOR.

   2.6.1   Appointment. The Town Council shall appoint an Ordinance Administrator who shall be charged with administering and enforcing the provisions of this ordinance. The Ordinance Administrator may delegate any authority or duties prescribed to him or her in order to ensure the efficient administration of the ordinance. The Ordinance Administrator will act as the Floodplain Administrator unless the Town Council appoints a Floodplain Administrator.

   2.6.2   Powers and duties. In the application and enforcement of the flood damage prevention portions of this ordinance, the Floodplain Administrator has the following powers and duties.

      (A)   Review and recommendation. The Floodplain Administrator has review and recommendation responsibility for the following:

         (1)   Floodplain development applications for all proposed development within the Special Flood Hazard Areas to assure all necessary local, state, and federal permits have been received; and

         (2)   Floodplain variance.

      (B)   Final approval. The Ordinance Administrator has final approval authority for the following:

         (1)   Floodplain development permits for all proposed development within the Special Flood Hazard Areas;

         (2)   Interpretation for the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), as needed; and

         (3)   Floodplain development permits.

      (C)   Additional duties. The Ordinance Administrator has the following additional duties:

         (1)   Establish application content requirements and a submission schedule for review of applications and appeals;

         (2)   Maintain the official copy of the land development ordinance and ensure that it is updated upon the approval of a text amendment;

         (3)   Notify adjacent communities and the state’s Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, or its successor prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

         (4)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;

         (5)   Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of division 16.7.6 are met;

         (6)   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with division 3.2.11(G);

         (7)   Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of division 3.2.11(G);

         (8)   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of division 3.2.11(G);

         (9)   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of divisions 3.2.11(G) and 16.7.2(B);

         (10)   When base flood elevation (BFE) data has not been provided in accordance with division 16.5.2, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to division 16.7.4(B), in order to administer the provisions of this ordinance;

         (11)   When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with division 16.5.2, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this ordinance;

         (12)   Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, being 5 U.S.C. § 552a, as amended;

         (13)   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;

         (14)   Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing or in charge of the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor;

         (15)   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;

         (16)   Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action;

         (17)   Enforce the regulations contained within this ordinance related to floodplain and flood damage prevention as outlined in Article 4 of this ordinance;

         (18)   Maintain a current map repository to include, but not limited to, the FIS Report, FIRM, and other official flood maps and studies adopted in accordance with Section 16.5.2 of this ordinance, including any revisions thereto, including letters of map change issued by FEMA. Notify state and FEMA of mapping needs; and

         (19)   Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR).

      2.6.3   Avoiding conflicts of interest. See requirements in § 2.5.3.

(Ord. A.21.01, passed 6-3-2021; Ord. A.22.02, passed 4-7-2022)