The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(A) Uphold the goals of the community and the NFIP to reduce risk when possible and increase the community’s resistance to future disasters;
(B) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates;
(C) Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this chapter applies, including, but not limited to, the FIRM;
(D) Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding;
(E) Review, approve or deny all applications for development permits required by the adoption of this chapter;
(F) Ensure that all necessary permits have been obtained from those federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344 and the Endangered Species Act of 1973, being 16 U.S.C. §§ 1531 et seq.) from which prior approval is required;
(G) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
(H) Notify, in riverine situations, adjacent communities and other state agencies as applicable prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;
(I) 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 a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation;
(J) When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review and reasonably utilize any BFE data and floodway data available from a federal, state or other source, including data provided by the applicant, in order to administer the provisions of this chapter;
(K) When a regulatory floodway has not been designated, no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30, AE and AH 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, unless the community has adopted higher standard options;
(L) Under the provisions of 44 C.F.R. § 65.12, Chapter 1 of the NFIP Regulations, a community may approve certain development in Zones A1-30, AE and AH on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first meets the requirements of 44 C.F.R. § 65.12 for a conditional FIRM revision through FEMA’s CLOMR process;
(M) When a regulatory floodway has not been designated and if the project is determined or reasonably believed to cause an adverse impact, the Floodplain Administrator may require new construction, substantial improvements or other development (including fill, grading or excavation) permitted in Zone A to have an encroachment analysis done prior to the issuance of a floodplain development permit. The encroachment analysis shall create a baseline of existing conditions model and compare it to the proposed conditions model to determine the potential impact of the project. Based on the findings, the Floodplain Administrator may require as a condition of the permit a CLOMR to be submitted and approved prior to any work occurring and/or that a LOMR be submitted to FEMA within 6 months of completion of the development;
(N) Inspect all development as needed and at appropriate times during the period of construction to ensure compliance with all provisions of this chapter, including the proper elevation of structures;
(O) In addition to utilizing the effective FIRMs, FIS and Flood Boundary and Floodway Map, all permit reviews will utilize best available data; and
(P) If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain 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 the permit approval or as a requirement of the permit.
(Ord. 2020-12-1, passed 12-14-2020)