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ARTICLE II: DEFINITIONS
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE).
Structures that are located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory Structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
ADDITION (TO AN EXISTING BUILDING).
An extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction regardless as to whether the addition is a substantial improvement or not. Where a firewall or load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.
AGRICULTURAL STRUCTURE.
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Agricultural structures are not exempt from the provisions of this chapter.
APPEAL.
A request for a review of the Local Floodplain Administrator's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING.
A designated AO or VO Zone on a community's Flood insurance Rate Map (FIRM) with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD.
The land in the floodplain within a community subject to a 1% or greater chance of being equaled or exceeded in any given year.
BASE FLOOD.
The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT.
Any enclosed area of a building that is below grade on all sides.
BUILDING.
See
STRUCTURE
.
COASTAL HIGH HAZARD AREA.
An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to velocity wave action from storms or seismic sources.
CRITICAL DEVELOPMENT.
Development that is critical to the community's public health and safety, is essential to the orderly functioning of a community, store or produce highly volatile, toxic or water-reactive materials, or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical development include jails, hospitals, schools, fire stations, nursing homes, wastewater treatment facilities, water plants, and gas/oil/propane storage facilities.
DEVELOPMENT.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
ELEVATED BUILDING.
A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, columns, piers, or shear walls parallel to the flow of water.
EXECUTIVE ORDER 11988 (FLOODPLAIN MANAGEMENT).
Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
EXISTING CONSTRUCTION.
For the purposes of determining rates, structures for which the start of construction commenced before July 1, 1991.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before March 11, 1985.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).
FLOOD.
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM).
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM).
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY.
The official report provided by the Federal Emergency Management Agency which contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.
FLOOD-RESISTANT MATERIAL.
Any building material capable of withstanding direct and prolonged contact (minimum seventy-two (72) hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, dated August 2008, and available from the Federal Emergency Management Agency. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
FLOODWAY.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FREEBOARD.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.
FREEBOARD
tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.
HISTORIC STRUCTURE.
(1) Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior (DOI)) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places;
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified:
1. By an approved state program as determined by the Secretary of Interior; or
2. Directly by the Secretary of Interior in states without approved programs.
(2) Some structures or districts listed on the state or local inventories MAY NOT be historic as cited above, but have been included on the inventories because it was believed that the structures or districts have the potential for meeting the
HISTORIC STRUCTURE
criteria of the DOI. In order for these structures to meet NFIP historic structure criteria, it must be demonstrated and evidenced that the South Carolina Department of Archives and History has individually determined that the structure or district meets DOI historic structure criteria.
INCREASED COST OF COMPLIANCE (ICC).
Applies to all new and renewed flood insurance policies effective on and after June 1, 1997. The NFIP shall enable the purchase of insurance to cover the cost of compliance with land use and control measures established under Section 1361. It provides coverage for the payment of a claim to help pay for the cost to comply with state or community floodplain management laws or ordinances after a flood event in which a building has been declared substantially or repetitively damaged.
LIMITED STORAGE.
An area used for storage and intended to be limited to incidental items that can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood-resistant or breakaway material, void of utilities except for essential lighting and cannot be temperature controlled. If the area is located below the base flood elevation in an A, AE and A1-A30 zone it must meet the requirements of §§ 5-6-30 through 5-6-35. If the area is located below the base flood elevation in a V, VE and V1-V30 zone it must meet the requirements of § 5-6-35.
LOWEST ADJACENT GRADE (LAG).
An elevation of the lowest ground surface that touches any deck support, exterior walls of a building or proposed building walls.
LOWEST FLOOR.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term
MANUFACTURED HOME
does not include a
RECREATIONAL VEHICLE
.
MANUFACTURED HOME PARK OR SUBDIVISION
. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
. For the purpose of this chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which the base flood elevations shown on a community's Flood Insurance Rate Maps (FIRM) are shown.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)OF 1929.
As corrected in 1 929, elevation reference points set by National Geodetic Survey based on mean sea level.
NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988.
Vertical control, as corrected in 1988, used as the reference datum on Flood Insurance Rate Maps.
NEW CONSTRUCTION.
Structure for which the start of construction commenced on or after March 11, 1985. The term also includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after March 11, 1985.
PRIMARY FRONTAL DUNE.
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and subject to erosion and overtopping from high tides and waves during coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE.
A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
REPETITIVE LOSS.
A building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions during a ten (10)-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event.
SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968.
The Act provides that no new flood insurance shall be provided for any property found by the Federal Emergency Management Agency to have been declared by a state or local authority to be in violation of state or local ordinances.
STABLE NATURAL VEGETATION.
The first place on the oceanfront where plants such as sea oats hold sand in place.
START OF CONSTRUCTION.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE.
A walled and roofed building, a manufactured home, including a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Such repairs may be undertaken successively and their costs counted cumulatively. Please refer to the definition of
SUBSTANTIAL IMPROVEMENT
.
SUBSTANTIAL IMPROVEMENT
.
(1) Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project of improvement to a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(2) Permits shall be cumulative for a period of five (5) years, if the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether SUBSTANTIAL IMPROVEMENT will occur.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced.
VARIANCE.
A grant of relief from a term or terms of this chapter.
VIOLATION.
The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 18-06, passed 6-11-2018)
ARTICLE III: ADMINISTRATION
All LOMRs that are issued in the areas identified in § 5-6-4 are hereby adopted.
(Ord. 18-06, passed 6-11-2018)
(A) Development permit. Application for a development permit shall be made to the Local Floodplain Administrator on forms furnished by him or her prior to any development activities. The development permit may include, but not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities. Specifically, the following information is required:
(1) A plot plan that shows the 100-year floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either the duties and responsibilities of the Local Floodplain Administrator of § 5-6-23(K) or the standards for subdivision proposals of § 5-6-31(L) and the standards for streams without estimated base flood elevations and floodways of § 5-6-32. The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it. The plot plan must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either the duties or responsibilities of the Local Floodplain Administrator of § 5-6-23(K) or the standards for subdivision proposals of § 5-6-31(L) and the standards for streams without estimated base flood elevations and floodway of § 5-6-32.
(a) The elevation (in relation to mean sea level) of the lowest floor of all new and substantially improved structures; and
(b) If the structure will be floodproofed in accordance with the non-residential construction requirements of § 5-6-31(B), the elevation (in relation to mean sea level) to which the structure will be floodproofed.
(4) Alteration of watercourse. Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include a description of the extent of watercourse alteration or relocation, an engineering study to demonstrate that the flood- carrying capacity of the altered or relocated watercourse is maintained and a map showing the location of the proposed watercourse alteration or relocation.
(B) Certifications.
(1) Floodproofing certification. When a structure is floodproofed, the applicant shall provide certification from a registered, professional engineer or architect that the non-residential, floodproofed structure meets the floodproofing criteria in the non-residential construction requirements of §§ 5-6-31(B) and 5-6-34(B)(2).
(2) Certification during construction. A lowest floor elevation or floodproofing certification is required after the lowest floor is completed. As soon as possible after completion of the lowest floor and before any further vertical construction commences, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the Local Floodplain Administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it. Any work done prior to submission of the certification shall be at the permit holder's risk. The Local Floodplain Administrator shall review the floor elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct deficiencies detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
(3) V-Zone certification. When a structure is located in Zones V, VE, or V1-V30, certification shall be provided from a registered professional engineer or architect, separate from submitted plans, that new construction and substantial improvement meets the criteria for the coastal high hazard areas outlined in § 5-6-35.
(4) As-built certification. Upon completion of the development a registered professional engineer, land surveyor or architect, in accordance with South Carolina law, shall certify according to the requirements of divisions (B)(1), (2) and (3) above that the development is built in accordance with the submitted plans and previous pre-development certifications.
(Ord. 18-06, passed 6-11-2018)
Duties and responsibilities of the Local Floodplain Administrator shall include, but not be limited to the following.
(A) Permit review. Review all development permits to assure that the requirements of this chapter have been satisfied.
(B) Requirement of federal and/or state permits. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334.
(C) Watercourse alterations.
(1) Notify adjacent communities and the South Carolina Department of Natural Resources, Land, Water, and Conservation Division, 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.
(2) In addition to the notifications required watercourse alterations per division (C)(1) above, written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained. This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions. The assurance shall consist of a description of maintenance activities, frequency of performance, and the local official responsible for maintenance performance. Records shall be kept on file for FEMA inspection.
(3) If the proposed project will modify the configuration of the watercourse, floodway, or base flood elevation for which a detailed Flood insurance Study has been developed, the applicant shall apply for and must receive approval for a Conditional Letter of Map Revision with the Federal Emergency Management Agency prior to the start of construction.
(4) Within sixty (60) days of completion of an alteration of a watercourse, referenced in the certification requirements of § 5-6-22(B)(4), the applicant shall submit as-built certification, by a registered professional engineer, to the Federal Emergency Management Agency.
(D) Floodway encroachments. Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of § 5-6-31(E) are met.
(E) Adjoining floodplains. Cooperate with neighboring communities with respect to the management of adjoining floodplains and/or flood-related erosion areas in order to prevent aggravation of existing hazards.
(F) Notifying adjacent communities. Notify adjacent communities prior to permitting substantial commercial developments and large subdivisions to be undertaken in areas of special flood hazard and/or flood-related erosion hazards.
(G) Certification requirements.
(2) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with the floodproofing certification outlined in § 5-6-22(B)(1).
(3) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the non-residential construction requirements outlined in § 5-6-31(B).
(4) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in the coastal high hazard area requirements outlined in §§ 5-6-35(D), (F) and (H).
(H) Map interpretation. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (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 chapter.
(I) Prevailing authority. Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations (as found on an elevation profile, floodway data table, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in § 5-6-31(G)(2).
(J) Use of best available data. When base flood elevation data and floodway data has not been provided in accordance with § 5-6-4, obtain, review, and reasonably utilize best available base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to the standards for subdivision proposals outlined in § 5-6-31(L), in order to administer the provisions of this chapter. Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data from a federal, state, or other source. Data must be developed using hydraulic models meeting the minimum requirement of NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.
(K) Special flood hazard area/topographic boundaries conflict. When the exact location of boundaries of the areas special flood hazards conflict with the current, natural topography information at the site; the site information takes precedence when the lowest adjacent grade is at or above the BFE, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. The Local Floodplain Administrator in the permit file will maintain a copy of the Letter of Map Amendment issued from FEMA.
(L) On-site inspections. Make on-site inspections of projects in accordance with the administrative procedures outlined in § 5-6-24(A).
(M) Administrative notices. Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with the administrative procedures in § 5-6-24.
(N) Records maintenance. Maintain all records pertaining to the administration of this chapter and make these records available for public inspection.
(O) Annexations and detachments. Notify the South Carolina Department of Natural Resources Land, Water and Conservation Division, State Coordinator for the National Flood Insurance Program within six (6) months, of any annexations or detachments that include special flood hazard areas.
(P) Federally funded development. The President issued Executive Order 11988, Floodplain Management May 1977. Executive Order 11988 directs federal agencies to assert a leadership role in reducing flood losses and losses to environmental values served by floodplains. Proposed developments must go through an eight (8)-step review process. Evidence of compliance with the Executive Order must be submitted as part of the permit review process.
(Q) Substantial damage determination. Perform an assessment of damage from any origin to the structure using FEMA's Residential Substantial Damage Estimator (RSDE) software to determine if the damage equals or exceeds 50% of the market value of the structure before the damage occurred.
(R) Substantial improvement determinations.
(1) Perform an assessment of permit applications for improvements or repairs to be made to a building or structure that equals or exceeds 50% of the market value of the structure before the start of construction. Cost of work counted for determining if and when substantial improvement to a structure occurs shall be cumulative for a period of five (5) years. If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether substantial improvement will occur.
(2) The market values shall be determined by one (1) of the following methods:
(a) The current assessed building value as determined by the County's Assessor's office or the value of an appraisal performed by a licensed appraiser at the expense of the owner within the past six (6) months.
(b) One (1) or more certified appraisals from a registered professional licensed appraiser in accordance with the laws of South Carolina. The appraisal shall indicate actual replacement value of the building or structure in its pre-improvement condition, less the cost of site Improvements and depreciation for functionality and obsolescence.
(c) Real estate purchase contract within six (6) months prior to the date of the application for a permit.
(Ord. 18-06, passed 6-11-2018)
(A) Inspections of work in progress. As the work pursuant to a permit progresses, the Local 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 territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(B) Stop-work orders. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, 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 the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(C) Revocation of permits. The Local Floodplain Administrator may revoke and require the return of the development permit by notifying the permit holder in writing, stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or 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 permit mistakenly issued in violation of an applicable state or local law may also be revoked.
(D) Periodic inspections. The Local Floodplain Administrator and each member of his/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.
(E) Violations to be corrected. When the Local Floodplain Administrator finds violations of applicable state and local laws, it shall be his/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 on the property he owns.
(F) 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 him written notice, by certified or registered mail to his last known address or by personal service, that:
(1) The building or property is in violation of the Flood Damage Prevention Ordinance;
(2) A hearing will be held before the Local Floodplain Administrator at a designated place and time, not later than ten (10) 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
(3) Following the hearing, the Local Floodplain Administrator may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate.
(G) 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 the Flood Damage Prevention Ordinance, he/she shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than sixty (60) days, the Floodplain Administrator may prescribe; provided that where the Floodplain Administrator finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.
(H) Appeal. Any owner who has received an order to take corrective action may appeal from the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten (10) 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.
(I) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the governing body following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(J) Denial of flood insurance under the nfip. If a structure is declared in violation of this chapter and after all other penalties are exhausted to achieve compliance with this ordinance then the Local Floodplain Administrator shall notify the Federal Emergency Management Agency (FEMA) to initiate a Section 1316 of the National Flood insurance Act of 1968 action against the structure upon the finding that the violator refuses to bring the violation into compliance with this chapter. Once a violation has been remedied the local Floodplain Administrator shall notify FEMA of the remedy and ask that the Section 1316 be rescinded.
(K) The following documents are incorporated by reference and may be used by the Local Floodplain Administrator to provide further guidance and interpretation of this chapter as found on FEMA's website at www.fema.gov:
(1) FEMA 55 Coastal Construction Manual;
(2) All FEMA Technical Bulletins;
(3) All FEMA Floodplain Management Bulletins;
(4) FEMA 348 Protecting Building Utilities from Flood Damage;
(5) FEMA 499 Home Builder's Guide to Coastal Construction Technical Fact Sheets.
(Ord. 18-06, passed 6-11-2018)
ARTICLE IV: PROVISIONS FOR FLOOD HAZARD REDUCTION
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