§ 17.8.325 DESIGNATION, DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.

   A.   The City Engineer is hereby appointed to administer and implement this Code by granting or denying development permit applications in accordance with its provisions.

   B.   The duties of the City Engineer shall include, but not be limited to:

      1.   Reviewing all development permits to determine that the permit requirements of this Code have been satisfied;

      2.   Reviewing all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;

      3.   Reviewing all development permits to determine if the proposed development is located in the floodway . If located in the floodway , ensure that the encroachment provisions of § 17.8.345 are met; and

      4.   Providing the base flood elevation as has been determined in accordance with § 17.8.315B., Basis for Establishing Areas of Special Flood Hazard to the Building Official , along with any freeboard requirements established in § 17.8.335B., Specific Standards.

   C.   Use of other base flood data in “A” Zones. When base flood elevation data has not been provided in accordance with § 17.8.315B., Basis for Establishing the Areas of Special Flood Hazard , the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §§ 17.8.335B., Specific Standards and 17.8.345, Floodways .

   D.   Information to be obtained and maintained.

      1.   Where base flood elevation data is provided through the Flood Insurance Study , FIRM or as required in § 17.8.325, the City Engineer shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces ) of all new or substantially improved structures , and whether or not the structure contains a basement .

      2.   For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study , FIRM or as required in § 17.8.325, the City Engineer shall:

         a.   Verify and record the actual elevation (in relation to mean seal level);

         b.   Maintain the floodproofing certifications required in § 17.8.320B.3.; and

         c.   Maintain for public inspection all records pertaining to the provisions of this Code.

   E.   Alteration of watercourses. 

      1.   Development shall not diminish the flood -carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development , the applicant shall submit certification by a registered professional engineer that the flood -carrying capacity of the watercourse will not be diminished.

      2.   The City Engineer shall:

         a.   Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

         b.   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

      3.   Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before any encroachment, including fill, new construction, substantial improvement or other development , in the regulatory floodway is permitted. The applicant shall be responsible for preparing technical data to support the CLOMR  application any paying any processing or application fees to FEMA.

   F.   Requirement to submit new technical data. 

      1.   The City Engineer shall:

         a.   Notify FEMA within six months of project completion when an applicant had obtained a Conditional Letter of Map Revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries or modified base flood elevations. This notification shall be provided as a Letter of Map Revision (LOMR) ; and

         b.   Be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR /LOMR  application , until the applicant demonstrates that the project will or has met the requirements of this Code and all applicable State and Federal laws.

      2.   The applicant shall be responsible for preparing technical data to support the LOMR  application and paying any processing or application fees to FEMA.

   G.   Non-conversion of enclosed areas below the lowest floor . To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation/recreation/bathrooms, etc., the City Engineer shall:

      1.   Determine which applicants for new construction and/or substantial improvements have fully-enclosed areas below the lowest floor that are five feet or higher; and

      2.   Require such applicants to enter in a “Non-Conversion Deed Declaration for Construction within Flood Hazard Areas” or equivalent. The deed declaration shall be recorded with Washington County and shall be in a form acceptable to the City Engineer .

   H.   Interpretation of FIRM boundaries. The City Engineer shall make interpretations where needed, as to 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 17.8.330.

(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2018-07, passed 10-8-2018)