(A) The Floodplain Administrator shall have the authority to render interpretations of this chapter and to adopt policies and procedures to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in conformance with the intent and purpose of this chapter. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter.
(B) The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Uphold the goals of the community and the NFIP to reduce risk whenever possible and increase the community’s resistance to future disasters;
(2) Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
(3) Review, approve, or deny all applications for development permits required by this chapter;
(4) In addition to utilizing the effective FIS and FIRMs, all permit reviews will utilize best available data;
(5) 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 mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation;
(6) Notify, prior to any alteration or relocation of a riverine watercourse, adjacent communities, the state’s NFIP Coordinating Agency and the Office of Emergency Management and submit evidence of such notification to the Federal Emergency Management Agency;
(7) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
(8) Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this chapter, including proper elevation of structures;
(9) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter, including inspection reports, notifications, required certifications, and supporting data;
(10) Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs or flood hazard areas to which this chapter applies, including, but not limited to, the FIRM, BLE data, and best available data hydrologic/hydraulic studies;
(11) Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344, and the Endangered Species Act of 1973);
(12) When base flood elevation data has not been provided in by FEMA, 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 this chapter;
(13) If a project is determined, or reasonably believed, to cause an adverse effect on the base flood elevations, floodplain boundaries, or any insurable structures, technical justification for the proposed development shall be submitted and the community may require a CLOMR or LOMR to be submitted prior to permit approval or as a requirement of the permit;
(14) Fill placed within the SFHA shall not result in any net loss of natural floodplain storage or cause an increase in water surface elevations during the base flood. The volume of floodwater storage loss due to filling in the SFHA shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures made between the normal water level and the BFE at, or adjacent to, the development site; and
(15) (a) 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 A 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 foot at any point within the community.
(b) Exception: A community may approve certain development in Zones A and AE, which increase the water surface elevation of the base flood by more than one foot provided the community first applies for a conditional letter of map revision through FEMA under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations.
(Ord. 2016-34, passed 6-22-2021)