The Commissioner of Public Works and the Director
of Planning, Zoning and Development are each hereby appointed as local
administrator to administer and implement this chapter by granting
or denying floodplain development permits in accordance with its provisions.
The duties and responsibilities of the local
administrator are as set forth in the following sections of this article.
The local administrator shall conduct the following
permit application review before issuing a floodplain development
permit:
A.
Review all applications for completeness, particularly with the requirements of § 95-11 of this chapter, and for compliance with the provisions and standards of this chapter.
B.
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Article IV of this chapter.
C.
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article IV of this chapter, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
D.
Determine that all necessary permits have been received
from those governmental agencies from which approval is required by
state or federal law.
E.
Use of other flood data.
F.
Alteration of watercourses. The local administrator
shall:
G.
Construction stage. The local administrator shall:
H.
Inspections.
I.
Stop-work orders.
J.
Certificate of compliance.
K.
Information to be retained.
A.
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local 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 § 95-11G of this chapter, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
B.
When base flood elevation data is not available, the
local administrator may use flood information from any other authoritative
source, such as historical data, qualified engineering reports and
drainage studies to establish flood elevations within the areas of
special flood hazard, for the purposes of this chapter.
A.
The local administrator shall notify adjacent communities
and the New York State Department of Environmental Conservation prior
to permitting any alteration or relocation of a watercourse and submit
evidence of such notification to the Regional Director, Region II,
Federal Emergency Management Agency.
B.
The local administrator shall determine that the permit
holder has provided for maintenance within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
A.
In Zones A1-A30, AE and AH and also Zone A if base
flood elevation data is available, upon placement of the lowest floor
or completion of floodproofing of a new or substantially improved
structure, the local administrator shall obtain from the permit holder
a certification of the as-built elevation of the lowest floor or floodproofed
elevation in relation to mean sea level. The certificate shall be
prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by the same. For manufactured
homes, the permit holder shall submit the certificate of elevation
upon placement of the structure on the site. A certificate of elevation
must also be submitted for a recreational vehicle if it remains on
a site for 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
B.
Any further work undertaken prior to submission and
approval of the certification shall be at the permit holder's risk.
The local administrator shall review all data submitted. Deficiencies
detected shall be cause to issue a stop-work order for the project
unless immediately corrected.
The local 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, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.
A.
The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 95-8 of this chapter.
B.
The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 95-8 of this chapter.
A.
In areas of special flood hazard, as determined by documents enumerated in § 95-5 of this chapter, it shall be unlawful to 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 local administrator stating that the building or land conforms to the requirements of this chapter.
B.
A certificate of compliance shall be issued by the
local administrator upon satisfactory completion of all development
in areas of special flood hazard.
A.
The local administrator shall retain and make available
for inspection copies of the following:
(1)
Floodplain development permits and certificates of
compliance;
(2)
Certificates of as-built lowest floor elevations of structures, required pursuant to § 95-18 of this chapter, and whether or not the structures contain a basement;
