§ 152.427 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

   The Floodplain Administrator shall perform, but not be limited to, the following duties:

   (A)   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this ordinance have been satisfied;

   (B)   Review all proposed development within special flood hazard areas to assure that all necessary local, state and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

   (C)   Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

   (D)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;

   (E)   Prevent encroachments into floodway s and non-encroachment areas unless the certification and flood hazard reduction provisions of § 152.444 are met;

   (F)   Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with § 152.426(C);

   (G)   Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of § 152.426(C);

   (H)   Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with § 152.426(C);

   (I)   When flood-proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with §§ 152.426(C) and 152.441(B);

   (J)   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodway s, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), 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 this subchapter;

   (K)   When base flood elevation (BFE) data has not been provided in accordance with §152.407, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to § 152.442(B), in order to administer the provisions of this subchapter;

   (L)   When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with § 152.407, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this subchapter;

   (M)   When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area is above the BFE, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. However, if the property is to be removed from the V Zone it must not be located seaward of the landward toe of the primary frontal dune. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file;

   (N)   Permanently maintain all records that pertain to the administration of this subchapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended;

   (O)   Make 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. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;

   (P)   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this subchapter, 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 reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor;

   (Q)   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws or for false statements or misrepresentations make in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;

   (R)   Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. 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;

   (S)   Follow through with corrective procedures of § 152.428;

   (T)   Review, provide input, and make recommendations for variance requests;

   (U)   Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps/studies adopted in accordance with the provisions of § 152.407, including any revisions thereto including Letters of Map Change , issued by FEMA. Notify State and FEMA of mapping needs; and

   (V)   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)