(1) Designation Of Floodplain Ordinance Administrator: The Director of Development Services, or designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article. (Based on comments from FEMA Region 10.)
(2) Duties: The Floodplain Administrator shall perform, but not be limited to, the following duties:
A. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.
B. Review all proposed development within special flood hazard areas to assure that all necessary local, State and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.
C. Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification by means of a LOMC to the Federal Insurance Administrator (FIA).
D. Assure by means of a hydraulic and hydrology analysis that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
E. Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 07-10A-11(4) of this article are met.
F. Obtain and maintain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection 07-10A-09(3) of this article.
G. Obtain and maintain 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 subsection 07-10A-09(3) of this article.
H. Review plans to verify public utilities are constructed in accordance with the provisions of subsections 07-10A-11(1)E through (1)G of this article.
I. When floodproofing is utilized for a particular structure, obtain and maintain certifications from a registered professional engineer or architect in accordance with the provisions of subsections 07-10A-09(3)B and 07-10A-11(2)B of this article.
J. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, and floodways (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 through application of a LOMC from FEMA to appeal the interpretation as provided in this article.
K. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a Federal, State, or other source, including data developed pursuant to subsection 07-10A-11(3)A2 of this article, in order to administer the provisions of this article.
L. When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.
M. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
N. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator may 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 the 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. The stop-work order shall constitute a request for voluntary compliance under section 07-19-01: of this chapter provided the stop-work-order is in substantial compliance with the form and procedure for a voluntary request for compliance required by that section.
O. 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.
P. 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.
Q. Administer requests for variances in compliance with section 07-10A-13 of this article.
R. 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 the provisions of subsection 07-10A-05(2) of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of your community's mapping needs.
S. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
T. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Insurance Administrator (FIA) of the changes by submitting technical or scientific data in accordance with volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary to that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
U. Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that FIRMs accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. (Ord. 19-038, 8-30-2019)