The Building and Zoning Administrator is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications, upon review and approval of the application and accompanying plans and documentation by the City Planning Commission. The flood hazard development permit included herein shall be considered a special use permit under the City's Zoning Law (Schedule of Use Regulations) and shall be reviewed by the City Planning Commission in accordance with Article VI of said Zoning Law.[1]
A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 105-6. Application for a development permit shall be made on forms furnished by the Building and Zoning Administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
A.
Application stage. The following information is required, where applicable:
(1)
Elevation, in relation to mean sea level, of the proposed lowest
floor, including basement or cellar, of all structures.
(2)
Elevation, in relation to mean sea level, to which any nonresidential
structure will be floodproofed.
(3)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 105-13C(1).
(4)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 105-14.
(5)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
B.
Construction stage. Upon placement of the lowest floor or floodproofing
by whatever means, it shall be the duty of the permit holder to submit
to the Building and Zoning Administrator a certificate of the elevation
of the lowest floor or floodproofed elevation, in relation to mean
sea level. The elevation certificate shall be prepared by or under
the direct supervision of a licensed land surveyor or professional
engineer and certified by same. When floodproofing is utilized for
a particular building, the floodproofing certificate shall be prepared
by or under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken prior
to submission and approval of the certification shall be at the permit
holder's risk. The Building and Zoning Administrator shall review
all data submitted. Deficiencies detected shall be cause to issue
a stop-work order for the project unless immediately corrected.
Duties of the Building and Zoning Administrator shall include,
but not be limited to:
A.
Permit application review. The Building and Zoning Administrator
shall:
(1)
Assist the Planning Commission in review of all permit applications
to determine that the requirements of this chapter have been satisfied.
(2)
Assist the Planning Commission in review of all development permit
applications to determine that all necessary permits have been obtained
from those federal, state or local governmental agencies from which
prior approval is required.
(3)
Assist the Planning Commission in review of all development permit
applications to determine if the proposed development adversely affects
the area of special flood hazard. For the purposes of this chapter,
"adversely affects" means physical damage to adjacent properties.
An engineering study may be required of the applicant for this purpose.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 105-6, Basis for establishing areas of special flood hazard, the Building and Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 105-13D(4), in order to administer § 105-14, Specific standards, and § 105-15, Floodways.
C.
Information to be obtained and maintained. The Building and Zoning
Administrator shall:
(1)
Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor, including basement or cellar, of all or substantially
improved structures and whether or not the structure contains a basement
or cellar.
(2)
For all new or substantially improved floodproofed structures:
D.
Alteration of watercourses. The Building and Zoning Administrator
shall:
(1)
Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of
a watercourse and submit evidence of such notification to the Regional
Director, Federal Emergency Management Agency, Region II, 26 Federal
Plaza, New York, New York 10278.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FIRM boundaries. The Building and Zoning Administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to §§ 105-6 and/or 105-12B, when available, shall be used to accurately delineate the areas of special flood hazard. The Building and Zoning Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
F.
Stop-work orders.
(1)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Building and Zoning Administrator. Disregard of a stop-work order shall be subject to the penalties described in § 105-8 of this chapter.
(2)
All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Building and Zoning Administrator. Disregard of a stop-work order shall be subject to the penalties described in § 105-8 of this chapter.
G.
Inspections. The Building and Zoning Administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify that the
development is in compliance with the requirements of either the development
permit or the approved variance.
H.
Certificate of compliance.
(1)
It shall be unlawful to use or occupy or to permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged
in its use or structure until a certificate of compliance has been
issued by the Building and Zoning Administrator stating that the building
or land conforms to the requirements of this chapter.
(2)
All other development occurring within the designated flood hazard
area will have, upon completion, a certificate of compliance issued
by the Building and Zoning Administrator.
