(A) Designation of the Board of Adjustment. The Board of Adjustment is hereby appointed to administer and implement this subchapter by granting or denying development permit applications in accordance with its provisions.
(B) Duties and responsibilities of the Board of Adjustment. Duties of the Board of Adjustment shall include, but not be limited to, the following responsibilities outlined below.
(1) Permit review. Permit review duties shall include:
(a) The review of all development permits to determine that the permit requirements of this subchapter have been satisfied;
(b) The review of all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies of which prior approval is required; and
(c) The review of all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure the encroachment provisions of § 155.164(B)(4)(a) are met.
(2) Use of other base flood data. When base flood elevation data has not been provided in accordance with § 155.156 (E), the Board of Adjustment shall obtain, review, and reasonably utilize any floor elevation data available from a federal, state, or other source on order to administer § 155.164(B)(1) and (B)(2).
(3) Information to be obtained and maintained. The Board of Adjustment shall:
(a) Obtain and record the actual elevation in relation to mean sea level of the lowest habitable floor, including basements, of all new or substantially improved structures, and record whether or not the structure contains a basement; and
(b) For all new substantially improved flood-proofed structures:
1. Verify and record the actual elevation in relation to mean sea level;
2. Maintain the flood-proofing certifications required in § 155.161; and
3. Maintain for public inspection all records pertaining to the provisions of this subchapter.
(4) Alteration of watercourses. In cases of watercourse alteration, the Board of Adjustment shall:
(a) Notify the state’s Department of Water and Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification of the Federal Insurance Administration; and
(b) Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(5) Interpretation of FIRM boundaries. The Board of Adjustment shall make interpretation, where needed, as to the exact location of the boundaries of the areas of special flood hazards like, for example, where there appears to be conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 155.163.
(Ord. passed - - 2006)