Duties of the Local Floodplain Administrator or his or her designated agent shall include but not be limited to:
(A) Reviewing, approving and issuing all floodplain development permits in a timely manner to assure that the permit requirements of this chapter have been satisfied;
(B) Reviewing, approving and issuing all documents applicable to Letters of Map Change;
(C) Advising the permittee that additional federal or state permits may be required; and if specific federal or state permits are known, requiring that copies of the permits be provided and maintained on file with the floodplain development permit;
(D) Notifying adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse and submitting evidence of the notification to the Federal Emergency Management Agency;
(E) Assuring that within available resources, maintenance is provided within the altered or relocated portion of any altered watercourse so that the flood-carrying capacity is maintained;
(G) Reviewing and recording the actual elevation (in relation to mean sea level) of the reference level (including basement) of all new or substantially improved structures, in accordance with § 152.061(C);
(H) Reviewing and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved nonresidential structures have been floodproofed, in accordance with § 152.061(C);
(I) Obtaining certifications from a registered professional engineer or architect in accordance with § 152.061(B) when floodproofing is utilized for a particular nonresidential structure;
(J) Making the interpretation of the exact location of boundaries within the FEMA special flood hazard area or the community special flood hazard area when, for example, there appears to be 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 chapter. Procedures for changing flood hazard area boundaries and lines depicted on the Flood Insurance Rate Maps are identified in the National Flood Insurance Program regulations (44 C.F.R. pts. 59-78);
(K) Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974 being 5 U.S.C. § 552a, as amended;
(L) Making on-site inspections of projects;
(M) Serving notices of violation, issuing stop-work orders, revoking permits and taking corrective actions;
(N) Maintaining a copy of the Letter of Map Amendment issued from FEMA when a property owner has received a Letter of Map Amendment (LOMA). (A LOMA is typically applied for and approved when the exact location of boundaries of the FEMA special flood hazard area conflicts with the current, natural topography information at the site);
(O) Determining the required information to be submitted with an application for approval of an individual floodplain development permit;
(P) Reviewing information provided by a property owner or his or her designated agent for the purpose of making a determination of the total cost of repairs as it relates to a substantial improvement, including a determination of whether a series of repairs, reconstructions or improvements constitute one single alteration such that the total cost of the repairs, reconstructions or improvements will be the cumulative cost from the first alteration;
(Q) Reviewing information provided by a property owner or his or her designated agent for the purpose of making a determination of whether the proposed construction activities constitute new construction for purposes of this chapter;
(R) Reviewing and acknowledging FEMA Conditional Letters of Map Revision and FEMA Letters of Map Revision;
(S) Reviewing and approving Community Conditional Letters of Map Revision and Community Letters of Map Revision;
(T) Making 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 the local ordinance and the terms of the permit;
(U) Issuing stop-work orders. Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this chapter, 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 reasons for the stoppage and the conditions under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor;
(V) Revoking floodplain development permits. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason 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 misrepresentation made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. Revoked permits may be resubmitted for approval using the requirements of the ordinance in effect at the time of the original submittal unless they were revoked because of the intentional submission of incorrect information by the permittee or his or her agent, or under other circumstances where allowing resubmittal using the requirement of the ordinance in effect at the time of the original submittal would not be equitable or consistent with public policy. However, base flood elevations that govern the elevation to which the structure is built must comply with the regulations and flood elevations in effect at the time of application for the building permit;
(W) Making periodic inspections. The Floodplain Administrator and each member of his 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; and
(X) Providing owners of structures in the floodplain with information concerning their flood risk, and (for structures with the lowest floor below the flood protection elevation) inform potential buyers of substantial improvement restrictions through the recordation of a notice in the property chain of title or other similar notice.
(Y) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures.
(Z) Obtain actual elevation (in relation to mean sea level) of all public utilities.
(1995 Code, § 26-52) (Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)