A. Application Review and Decision. To review and decide applications for:
1. Administrative Adjustments;
2. Exempt Subdivisions;
3. Final Plats;
4. Floodplain Development Permits;
5. Interpretations;
6. Sign Permits;
7. Temporary Use Permits; and
8. Zoning Compliance Permit.
B. Other Powers and Duties. The Planning Director shall have the following other powers and duties:
1. Assist with enforcement of this Ordinance in accordance with Article 8: Enforcement;
2. Serve as the Floodplain Administrator;
3. Maintain the Procedures Manual;
4. Provide expertise and technical assistance to the town's review authorities and administration, upon request;
5. Maintain all records pertaining to the provisions of this Ordinance and make records available for public inspection; and
6. Perform other duties as may be assigned by the Town Manager or the Board of Commissioners.
C. Watershed Administrator.
1. The Planning Director is hereby appointed as the Watershed Administrator and review all applications for development in the R1 district for compliance with the applicable water supply watershed regulations.
2. The Planning Director may enter any building, structure, or premises, as provided by law, to perform any duty of the Watershed Administrator.
D. Floodplain Administrator. The Planning Director is hereby appointed to administer and implement the provisions of Section 3.8.2, Flood Hazard Overlay (FHO) District. Duties of the Planning Director shall include, but not be limited to:
1. Review all development permits to assure that the requirements of this part have been satisfied.
2. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit.
3. Notify 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 submit evidence of such notification to the Federal Emergency Management Agency.
4. Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
5. Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Section 3.8.2, Flood Hazard Overlay (FHO) District, are met.
6. Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (B)(5).
7. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with division (B)(5).
8. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 3.8.2.D.2.B, Non-Residential Construction.
9. Where interpretation is 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), 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 section.
10. When base flood elevation data or floodway data has not been provided in accordance with Section 3.8.2.B.2, Basis for Establishing the Areas of Special Flood Hazard, obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to Section 3.8.2.D.3.D, in order to administer the provisions of this part.
11. Make on-site inspections of projects in accordance with Section 3.8.2.B.8, Violations.
12. Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with Section 3.8.2.B.8, Violations.
13. Maintain all records pertaining to the administration of this part and make these records available for public inspection.
14. Provide the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program with two copies of the maps delineating new corporate limits within six months from date of annexation or change in corporate boundaries.
15. The Planning Director or their appointed designee shall report all variances granted each calendar year to the Environmental Management Commission and Wildlife Resources Commission on or before January 1 of the following year.
16. The Planning Director or their appointed designee may waive the requirements of this section to allow an encroachment into the required flood protection areas for the construction of required public improvements including, water, sewer, and roadways when a finding of no practical alternative is made. Any waiver of these requirements does not in any way relieve the applicant of the requirements of other federal, state, or local regulations applicable to the development area. In making the determination for waivers the Land Use Administrator, or their appointed designee, shall consider:
a. Safety;
b. Terrain;
c. Impact on adjacent properties;
d. Accessibility;
e. System function;
f. Cost; and
g. Timing.
(Ord. 2020-36, passed 12-2-2019)