(A) Designation of Administrator. The Common Council of Elkhart hereby appoints the Planning Department to administer and implement the provisions of this subchapter, and to designate an individual as the Floodplain Administrator. In the Floodplain Administrator's absence, he or she shall designate an individual to administer and implement the provisions of this subchapter.
(B) Permit procedures. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required:
(1) Application stage.
(a) A description of the proposed development;
(b) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;
(c) A legal description of the property site;
(d) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(e) Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD;
(f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and
(g) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2) Construction stage. Upon placement of the lowest floor, or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders' risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work is allowed to proceed. 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.
(C) Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this subchapter. The Administrator is further authorized to render interpretations of this subchapter, which are consistent with its spirit and purpose. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this subchapter have been satisfied;
(2) Inspect and inventory damaged structures in SFHA and complete substantial damage determinations;
(3) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to § 151.123(E) and (G)(1), and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment);
(4) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits are to be maintained on file with the floodplain development permit;
(5) 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;
(6) 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 Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits 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 subchapter;
(7) Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
(8) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
(9) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (B) above;
(10) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with division (B) above;
(11) Review certified plans and specifications for compliance.
(12) Stop work orders.
(a) Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this subchapter shall immediately cease.
(b) Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(13) Revocation of permits.
(a) The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the subchapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
(b) The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this subchapter.
(14) Inspect sites for compliance. For all new and/or substantially improved buildings constructed in the SFHA, inspect before, during and after construction. Authorized city officials shall have the right to enter and inspect properties located in the SFHA.
(Ord. 5263, passed 8-1-2011)