(A) Designation of local administrator. The Manager of Planning Services, herein referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this section.
(B) Certification requirements.
(1) Elevation certificates.
(a) An elevation certificate (FEMA Form 81-31) or floodproofing certificate (FEMA Form 81-65) is required after the reference level is established. Within 21 calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by, or under the direct supervision of, a professional state land surveyor or engineer and certified by same. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(b) A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. Elevation certification shall be prepared by, or under the direct supervision of, a professional state land surveyor or engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.
(2) If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional state engineer or architect licensed by the state’s Board of Architecture and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
(3) If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per § 153.248(B)(3).
(4) If a watercourse is to be altered or relocated then the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
(a) A description of the extent of watercourse alteration or relocation;
(b) An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and
(c) A map showing the location of the proposed watercourse alteration or relocation.
(5) The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in divisions (B)(1) and (B)(2) above:
(a) Recreational vehicles meeting requirements of § 153.248(B)(6)(a);
(b) Temporary structures meeting requirements of § 153.158(B)(7); and
(c) Accessory structures less than 150 square feet meeting requirements of § 153.158(B)(8).
(C) Duties and responsibilities of the local administrator. The Floodplain Administrator shall perform, but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this section have been satisfied;
(2) Advise applicant that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian and stream buffers, mining, and the like) may be required, and require that copies of such permits be provided and maintained on file with the development permit;
(3) Notify adjacent communities and the state’s Department of Crime Control and Public Safety, Division of Emergency, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification the Federal Emergency Management Agency (FEMA);
(4) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
(5) Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of § 153.248(D) are met;
(6) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all utilities of all new or substantially improved structures, in accordance with division (B) above;
(7) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with division (B) above;
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with division (B) above;
(9) When floodproofing is utilized for a particular structure, obtain certifications from a professional state engineer or architect licensed by the state’s Board of Architecture and certified by same in accordance with § 153.061(F);
(10) Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section;
(11) When base flood elevation (BFE) data or floodway data has not been provided in accordance with § 153.246(B), obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to § 153.248(C)(2)(b), in order to administer the provisions of this section;
(12) When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with § 153.246(B), obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this subchapter;
(13) When the exact location of boundaries of the special flood hazard areas conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file;
(14) Permanently maintain all records that pertain to the administration of this subchapter and make these records available for public inspection;
(15) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this subchapter and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;
(16) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this subchapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor;
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;
(18) Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action;
(19) Follow through with corrective procedures of § 153.999;
(20) Review, provide input, and make recommendations for variance requests;
(21) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or other official flood maps/studies adopted under § 153.246(B), including any revisions thereto including Letters of Map Change, issued by the state and/or FEMA. Notify state and FEMA of mapping needs; and/or
(22) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).
(Ord. passed 10-17-2011) Penalty, see § 153.999