13-1-4-4: DUTIES AND RESPONSIBILITIES OF THE LOCAL FLOODPLAIN ADMINISTRATOR:
Duties and responsibilities of the local floodplain administrator shall include, but are not limited to, the following:
   A.   Permit Application Review: The floodplain development permit will not be issued by the local floodplain administrator until the following has been accomplished:
      1.   Review all applications for completeness, particularly with the requirements of section 13-1-4-3, "Permit Application", of this chapter and for compliance with the provisions and standards of this chapter.
      2.   Review all subdivision and other proposed new development, including manufactured home and recreational parks to determine whether the proposed development site will be reasonably safe from flooding. When the proposed building site is located in the special flood hazard area, all new construction and substantial improvements will meet the applicable standards of section 13-1-5-1, "Standards Of Construction", of this chapter.
      3.   Determine whether any proposed development in the special flood hazard area may result in physical damage to any other property to include stream bank erosion and any increase in velocities or that it does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot (1') at any point. To assist the local floodplain administrator in making this determination, the permit applicant may be required to submit additional technical analyses. The local floodplain administrator may consider the increase of the water surface elevation of less than one foot (1') rise to be an "adverse effect" if local conditions warrant.
      4.   Ensure that any development of fifty (50) lots or of a minimum size of five (5) acres obtain and comply with a base flood elevation (BFE) where that development or lot is located within an appropriate zone as noted on the city of Ely's flood insurance rate map (FIRM).
      5.   Ensure all other required state and federal permits have been received.
   B.   Use Of Other Flood Data:
      1.   When the federal emergency management agency has designated special flood hazard areas on the community's flood insurance rate maps (FIRMs) but has neither produced water surface elevation data nor identified a floodway, the local floodplain administrator shall attempt to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to subsection F8 of this section, as criteria for requiring new construction, substantial improvements or other proposed development meets the requirements of this chapter.
      2.   When base flood elevations are not available, the local floodplain administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the special flood hazard areas. This information shall be submitted to the city of Ely for adoption.
   C.   Alteration Of Watercourses: Prior to issuing a permit for any alteration or relocation of a watercourse the local floodplain administrator must:
      1.   Have processed letter of map revision (LOMR).
      2.   Notify all adjacent communities, Nevada's national flood insurance program coordinator, Nevada division of water planning and submittal of evidence of such notification to the federal insurance administration, and the federal emergency management agency.
      3.   Determine that the potential permit recipient has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
   D.   Inspections: The local floodplain administrator or designee shall make periodic inspections throughout the period of construction to monitor compliance with the requirements of the floodplain development permit or any variance provisions. Floodplain development inspections may be included as part of the regular building inspections.
   E.   Stop Work Orders: The local floodplain administrator shall issue, or cause to be issued, a stop work order for any floodplain development found noncompliant with the provisions of this chapter or conditions of the development permit and all development found ongoing without a floodplain development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 13-1-3-3 of this chapter.
   F.   Retaining Floodplain Development Documentation: The local floodplain administrator shall obtain and retain for public inspection and have available for the national flood insurance program or the federal emergency management agency representative conducting a community assistance visit, the following:
      1.   Floodplain development permits and certificates of compliance.
      2.   Certification required by subsection 13-1-5-1D, "Lowest Floor Certification Requirements", of this chapter. The city of Ely is required to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings, and maintain a record of such information. The elevation certificate provides the elevation information necessary for the city to comply with this chapter. The elevation certificate also is useful to determine the proper insurance premium rate, and to support a request for a letter of map amendment or letter of map revision (LOMA or LOMR).
      3.   Certification required by subsection 13-1-5-1E, "Nonresidential Floodproofing Requirements", of this chapter.
      4.   Certification of elevation required by section 13-1-5-3, "Standards For Subdivisions", of this chapter.
      5.   Certification required by section 13-1-5-7, "Floodways", of this chapter.
      6.   Reports required by section 13-1-5-8, "Mudslide (Mudflow) Prone Areas", of this chapter.
      7.   Variances issued pursuant to section 13-1-6, "Variance Procedures", of this chapter.
      8.   Notices required under subsection C, "Alteration Of Watercourses", of this section.
   G.   Map Determinations: The local floodplain administrator may make map interpretations where needed, in writing with appropriate documentation, as to the exact location of the boundaries of the areas of special flood hazard and where there appears to be a conflict between a mapped boundary and actual field conditions. Fees may be charged by the city of Ely to the applicant for the costs of the interpretations.
   H.   Appeals: The city council of the city of Ely shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
   I.   Submission Of New Technical Data To FEMA: When city of Ely base flood elevations either 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, the city of Ely will submit the technical or scientific data to FEMA. Such submissions are necessary so that upon confirmation of the physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (Ord. 624, 2-14-2008)