§ 152.056 DUTIES AND RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION.

   In the administration of this chapter, the Town Planning and Zoning Commission shall perform the following duties, among others:

   (A)   Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;

   (B)   Review all development permits to assure that the requirements of this chapter have been satisfied;

   (C)   Advise the permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of those permits be provided and maintained on file with the zoning permit. The additional permit requirements may include, but not be limited to:

      (1)   Stream channel encroachment line permit;

      (2)   Coastal area management permit;

      (3)   Water diversion permit;

      (4)   Dam safety permit; and

      (5)   Corps of Engineers 404 permit.

   (D)   Notify the regional planning agency and the affected municipality at least 35 days prior to the public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality;

   (E)   Notify adjacent communities and the Department of Environmental Protection, Inland Water Resources Management Division prior to any alteration or relocation of a watercourse and submit evidence of the notification to the Federal Emergency Management Agency;

   (F)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;

   (G)   Record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with §§ 152.078 and 152.079(A);

   (H)   Record the elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with § 152.079(B);

   (I)   Obtain and maintain all certifications required under this chapter and assure that they meet the standards of § 152.051 hereof;

   (J)   Make the necessary interpretation, where 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section;

   (K)   Obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of §§ 152.077 through 152.083, when base flood elevation data or floodway data have not been provided in accordance with Article 3, Section B; and

   (L)   Maintain all records pertaining to the provisions of this chapter.

(Ord. passed 4-11-1991; Ord. passed 5-10-2010)