(A) The Town Manager is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions.
(B) Duties of the Floodplain Administrator shall include, but not be limited to:
(1) Permit review.
(a) Review all development permits to determine that:
1. The permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding; and
4. In areas where a floodway has not been designated, the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated.
(b) For the purposes of this chapter, ADVERSELY AFFECT means 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.
(2) Substantial improvement and substantial damage assessments. Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantia] improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than 50% of the market value of the structure;
(3) Use of other base flood data. When Base Flood Elevation data has not been provided in accordance with § 153.07 of this chapter, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer §§ 153.45 through 153.51 of this chapter. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of the state’s Department of Water Resources and may be submitted to the Floodplain Board for adoption;
(4) Obtain and maintain for public inspection. Obtain and maintain the following for public inspection and make available as needed:
(b) Certification required by § 153.45(C)(2) of this chapter (lowest floor elevations or flood-proofing of non-residential structures and utilities;
(c) Certification required by § 153.45(C)(5) of this chapter (flood vents);
(d) Certification of elevation required by § 153.48(A)(2) of this chapter (subdivisions and other proposed development standards);
(e) Certification required by § 153.51 of this chapter (floodway encroachments);
(f) Records of all variance actions, including justification for their issuance; and
(g) Obtain and maintain improvement and damage calculations required in division (B)(2) above.
(5) Notification to other entities.
(a) Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the state’s Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency through appropriate notification means; and
2. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
(b) Base flood elevation and rate of flow due to physical alterations:
1. Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data in accordance with 44 C.F.R. § 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
2. Within 120 days after completion of construction of any flood-control protective works which changes the rate of flow during the base flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project The new delineation shall be done according to the criteria adopted by the Director of the state’s Department of Water Resources.
(c) Corporate boundary changes. Notify the Federal Emergency Management Agency of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(6) Map determinations. Make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas (e.g., 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 §§ 153.33 and 153.34 of this chapter.
(7) Remedial actions. Take actions on violations of this chapter as required in § 153.15 of this chapter.
(Ord. 18-09, passed 7-24-2018)