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16.6.1 Designation of Floodplain Administrator. The Planning Director, or his or her designee, hereinafter referred to as the “Floodplain Administrator”, is hereby appointed to administer and implement the provisions of this article. In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this article, the Floodplain Administrator shall be responsible for the coordination and community’s overall compliance with the National Flood Insurance Program and the provisions of this article.
(A) Application requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. To apply for a floodplain development permit, the following items shall be presented to the Floodplain Administrator:
(ii) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in division 16.5.2, or a statement that the entire lot is within the Special Flood Hazard Area;
(iii) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in division 16.5.2;
(iv) The boundary of the floodway(s) or non-encroachment area(s) as determined in division 16.5.2;
(i) Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls, in accordance with division 16.7.2(D)(4), when solid foundation perimeter walls are used in Zones A, AE, AH, AO, A99.
(9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse, and the effects on properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(1) A complete description of all the development to be permitted under the floodplain development permit (e.g., house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, and the like).
(2) The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in division 16.5.2.
(6) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse unless the requirements of division 16.7.6 have been met.
(1) Elevation certificates. A final finished construction elevation certificate (FEMA Form 086-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy. The finished construction elevation certificate certifier shall provide at least two photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken, with views confirming the building description and diagram number provided in division 16.6.2(B)(1). To the extent possible, these photographs should show the entire building, including foundation. If the building has split-level or multi-level areas, provide at least two additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation, showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
(2) Floodproofing certificate. A final finished construction floodproofing certificate (FEMA Form 086-0-34), with supporting data, a 159 operational plan, and an inspection and maintenance plan are required prior to the issuance of a certificate of compliance/occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. The floodproofing certificate shall be prepared by or under the direct supervision of a professional engineer or architect, and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to certificate of occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to deny a certificate of compliance/occupancy.
(3) If a manufactured home is placed within Zones A, AE, AH, AO, A99, and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of division 16.7.2(C)(2).
(4) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse, and the effects on properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(i) Recreational vehicles meeting the requirements of division 16.7.2(F)(1);
(ii) Temporary structures meeting requirements of division 16.7.2(G); and
(iii) Accessory structures that are 150 square feet or less, or $3,000 or less, and meeting requirements of division 16.7.2(H).
(D) Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
(C) Notify adjacent communities and the state’s Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
(E) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of division 16.7.6 are met.
(F) Obtain actual elevation (in relation to NAVD1988) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of division 16.6.2(C).
(G) Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of division 16.6.2(C).
(H) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with the provisions of division 16.6.2(C).
(J) Where interpretation is needed as to 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), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
(K) When BFE data has not been provided in accordance with the provisions of division 16.5.2, obtain, review, and reasonably utilize any 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)(3), in order to administer the provisions of this article.
(L) When BFE data is provided but no floodway or non-encroachment area data has been provided in accordance with the provisions of 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 article.
(N) 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.
(O) Issue stop-work orders as required. Whenever a building, or part thereof, is being constructed, reconstructed, altered, or repaired in violation of this article, 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.
(P) 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.
(Q) 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.
(R) Follow through with corrective procedures of division 16.6.4.
(T) Maintain a current map repository to include, but not be limited to, historical and effective FIS report, historical and effective FIRM, and other official flood maps and studies adopted in accordance with the provisions of division 16.5.2 of this article, including any revisions thereto, including letters of map change issued by FEMA. Notify state and FEMA of mapping needs.
(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
(B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating:
(2) That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel, and to present arguments and evidence pertaining to the matter; and
(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this article, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body, by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made, or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to G.S. § 143-215.58, and shall be punished at the discretion of the court.
(1) The repair or rehabilitation of historic structures, upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and that the variance is the minimum necessary to preserve the historic character and design of the structure;
(2) Functionally dependent facilities if determined to meet the definition as stated in § 17.2, provided provisions of division 16.6.5(I)(2), (3), and (5) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
(5) The necessity to the facility of a waterfront location as defined under § 17.2 as a functionally dependent facility, where applicable;
(G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built, and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional hardship; and
(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(Ord. A.19.08, passed 11-7-2019)