Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
A. Maintain Records: Maintain and hold open for public inspection all records pertaining to the provisions of this title. Where BFE data are utilized in zone A, obtain and maintain records of the lowest floor and floodproofing elevations for new and substantially improved construction.
B. Review Permit Applications: Review permit application to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
C. Review Floodplain Permits: Review floodplain permits for proposed development to assure that the applicant has acquired all necessary permits from those federal, state or local governmental agencies (including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334) from which prior approval is required. It is the responsibility of the applicant to determine the other necessary permits.
D. Interpretation Of Boundaries: Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.
E. Notification Of State Agency: Notify, in riverine situations, adjacent communities and the state coordinating agency, which is Montana department of natural resources and conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
F. Flood Carrying Capacity Maintained: Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
G. Review Of Data: When base flood elevation data has not been provided in accordance with section 13-3-2 of this title, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of chapter 5 of this title. Where BFE data are utilized in zone A, obtain and maintain records of the lowest floor and floodproofing elevations for new and substantially improved construction.
H. Undesignated Regulatory Floodways: When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and 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-half foot (0.5') at any point, or significantly increases the base flood velocity, within the community.
I. Provisions Of National Flood Insurance Program: Under the provisions of 44 CFR chapter 1, part 65.12, of the national flood insurance program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot (1/2'), provided that the community first completes all of the provisions required by section 65.12.
J. Additional Factors: Floodplain development permits shall be granted or denied by the floodplain administrator on the basis of whether the proposed establishment, development, alteration, or substantial improvement of an artificial obstruction meets the requirements of these regulations. Additional factors that shall be considered for every permit application are:
1. The danger to life and property due to increased flood heights, increased floodwater velocities, backwater or alterations in the pattern of flood flow caused by the obstruction or encroachment;
2. The danger that the obstruction or encroachment may be swept onto other lands or downstream to the injury of others;
3. The ability of the proposed water supply and/or sanitation system to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
5. The construction or alteration of the obstruction or encroachment in such manner as to lessen the flooding danger;
6. The importance of the services provided by the facility to the community;
7. The requirement of the facility for a waterfront location;
8. The availability of alternative locations not subject to flooding for the proposed use;
9. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
10. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
11. The safety of access to property in times of flooding for ordinary and emergency services;
12. The request for fill for a residential or commercial building is not followed by a request for a basement for the same residential or commercial building, which would put the finished floor of the building below the BFE, which would negate the purpose of the fill;
13. The proposed use shall comply with the existing zoning designation;
14. For projects involving bank stabilization, channelization, levees, floodwalls and/or diversions, off property impacts including increased flood peaks, flood stage, flood velocity, erosion and sedimentation, should be considered and found to be nonexistent, neutral or able to be mitigated; and
15. Such other factors as are in harmony with the purposes of these regulations, the Montana floodplain and floodway management act, and the national flood insurance program.
K. Approval Or Denial Of Application: A floodplain development permit application shall be approved or denied by the floodplain administrator. If the application is deemed incomplete, the floodplain administrator will notify the applicant of deficiencies within sixty (60) days. Under no circumstances should it be assumed that the permit is automatically granted. All approved applications will be signed by the floodplain administrator. Denied applications may be resubmitted if additional information is provided to support a change in development.
L. Incomplete Application Criteria: The floodplain administrator may deem an application incomplete based on, but not limited to, the following criteria: elevation or floodproofing certificates, a level survey and/or hydraulic and hydrology calculations by a registered land surveyor, engineer, or licensed architect to assess the impact of the volume of water, determine the base flood elevation, water velocities, and ground elevations.
M. Publish Notice: Upon receipt of a complete application for a permit, the floodplain administrator shall prepare a notice containing the facts pertinent to the application and shall publish the notice at least once in a newspaper of general circulation in the area. Notice shall also be served by first class mail upon adjacent property owners. The state floodplain NFIP coordinator located in DNRC and other permitting agencies shall also receive notice by the most efficient method. The notice shall provide a reasonable period of time, not less than fifteen (15) days, for interested parties to submit comments on the proposed activity. (Ord. 136, 5-19-2011)