The Zoning Enforcement Officer is hereby appointed enforcement officer
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
A development permit shall be obtained before the start of construction or any other development within the areas of special flood hazard as established in § 95-6. Application for a development permit shall be made on forms furnished by the Zoning Enforcement Officer 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 § 95-13C(1).
(4)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 95-14.
(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 Zoning Enforcement Officer 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 the
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 the same. Any further
work undertaken prior to submission and approval of the certification shall
be at the permit holder's risk. The Zoning Enforcement Officer 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 Zoning Enforcement Officer shall include but not be limited
to:
A.
Permit application review. The Zoning Enforcement Officer
shall:
(1)
Review all development permit applications to determine
that the requirements of this chapter have been satisfied.
(2)
Review 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)
Review all development permit applications to determine
if the proposed development adversely affects the areas 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 § 95-6, Basis for establishing areas of special flood hazard, the Zoning Enforcement Officer 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 § 95-13D(4), in order to administer § 95-14, Specific standards, and § 95-15, Floodways.
C.
Information to be obtained and maintained. The Zoning
Enforcement Officer shall:
(1)
Obtain and record the actual elevation, in relation to
mean sea level, of the lowest floor, including basement or cellar, of all
new or substantially improved structures and whether or not the structure
contains a basement or cellar.
(3)
Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances when granted and certificates
of compliance.
D.
Alteration of watercourses. The Zoning Enforcement Officer
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.
(1)
The Zoning Enforcement Officer shall have the authority
to make interpretations when there appears to be a conflict between the limits
of the federally identified areas of special flood hazard and actual field
conditions.
(3)
The Zoning Enforcement Officer 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 Zoning Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties described in § 95-8 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 Zoning Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties described in § 95-8 of this chapter.
G.
Inspections. The Zoning Enforcement Officer 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 Zoning Enforcement Officer 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 Zoning Enforcement Officer.
