(A) The Fiscal Court of the county hereby appoints the Judge Executive or designee to administer, implement and enforce the provisions of this chapter by granting or denying development permits in accordance with its provisions, and is herein referred to as the Floodplain Administrator.
(B) (1) The Floodplain Administrator and or staff is hereby appointed, authorized and directed to administer, implement and enforce the provisions of this chapter. The Floodplain Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose by granting or denying development permits in accordance with its provisions.
(2) The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
(a) Permit review. Review all development permits to ensure that:
1. Permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained: review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344;
3. Flood damages will be reduced in the best possible manner; and
4. The proposed development does not adversely affect the carrying capacity of affected watercourses. For purposes of this chapter, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
(b) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with § 151.07 of this chapter, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer §§ 151.40 through 151.46 of this chapter. Any such information shall be submitted to the Fiscal Court for adoption.
(c) Notification of other agencies.
1. Notify adjacent communities, the commonwealth’s Division of Water and any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the watercourse;
2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency (FEMA); and
3. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
(d) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by § 151.41(B) of this chapter (lowest floor elevations) as shown on a completed and certified elevation certificate. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 151.41(B) of this chapter;
2. Certification required by § 151.41(B) of this chapter (elevation or flood-proofing of non-residential structures) as shown on a completed and certified flood-proofing certificate. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with § 151.26(B) of this chapter;
6. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
7. Review certified plans and specifications for compliance;
(e) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
1. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (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. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 151.27(C)(2) of this chapter.
2. When base flood elevation data or floodway data have not been provided in accordance with § 151.07 of this chapter, then the Floodplain Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of §§ 151.40 through 151.46 of this chapter;
3. When flood-proofing is utilized for a particular structure, the Floodplain Administrator shall obtain certification from a registered professional engineer or architect, in accordance with § 151.41(B) of this chapter a flood-proofing certificate; and
4. All records pertaining to the provisions of this chapter shall be maintained in the office of the Floodplain Administrator and shall be open for public inspection.
(f) Right of entry.
1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the Administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the Administrator by this chapter.
2. If such structure or premises are occupied, he or she shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of such request entry.
3. If entry is refused, the Administrator shall have recourse to every remedy provided by law to secure entry.
4. When the Administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the administrator for the purpose of inspection and examination pursuant to this chapter.
(g) Stop work orders. Upon notice from the Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(h) Revocation of permits.
1. The Administrator may revoke a permit or approval, issued under the provisions of this chapter, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
2. The Administrator may revoke a permit upon determination by the Administrator that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
(i) Liability. Any officer, employee or member of the Floodplain Administrator’s staff, charged with the enforcement of this chapter, acting for the applicable governing authority in the discharge of his or her duties, shall not thereby render himself or herself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer, employee or member because of such act performed by him or her in the enforcement of any provision of this chapter shall be defended by the Department of Law until the final termination of the proceedings.
(j) Expiration of floodplain construction permit. A floodplain construction permit, and all provisions contained therein, shall expire if the holder of a floodplain construction permit has not commenced construction within 180 calendar days from the date of its issuance by the Floodplain Administrator.
(Ord. 10.630.1, passed 3-15-2011)