(A) The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter which are consistent with its spirit and purpose.
(B) The duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Enforce the provisions of this chapter;
(2) Evaluate applications for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied;
(3) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information;
(4) 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;
(5) Advise permittees that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit;
(6) Conduct substantial damage determinations to determine whether existing structures damaged from any source and in special flood hazard areas identified by FEMA must meet the development standards of these regulations;
(7) For applications to improve 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 shall:
(a) Verify and document the market value of the pre-damaged or pre-improved structure;
(b) Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community;
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of “substantial improvement” for proposed work to repair damage caused by flood; the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of “substantial damage”; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in §§ 152.045, 152.060 through 152.063, 152.075 through 152.082 and 152.095 of this chapter are required.
(8) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA;
(9) Ensure that construction authorization has been granted by the State Department of Natural Resources for all development projects subject to §§ 152.060, 152.062 and 152.063 of this chapter. Maintain a record of such authorization (either a copy of the actual permit/authorization or floodplain analysis/regulatory assessment);
(10) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if division (B)(9) above is applicable;
(11) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished;
(12) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures in accordance with § 152.027(B)(1)(f) of this chapter;
(13) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 152.027(B)(1)(g) of this chapter;
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds;
(16) Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned for any structures (residential or nonresidential) to be equipped with plumbing;
(17) Provide information, testimony or other evidence as needed during variance hearings;
(18) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with § 152.028(B) of this chapter;
(19) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, letters of map change (LOMC), copies of DNR permits, letters of authorization and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents and as-built elevation and floodproofing data for all buildings constructed subject to this chapter in accordance with § 152.028(D) of this chapter;
(20) Coordinate map maintenance activities and associated FEMA followup in accordance with § 152.029 of this chapter;
(21) Utilize and enforce all letters of map change (LOMC) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community; and
(22) Request any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
(Ord. 2022-1, passed 3-8-2022)