The Building Inspector is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permit applications in accordance with its provisions.
Upon placement of the lowest floor or floodproofing by whatever
means, it shall be the duty of the permit holder to submit to the
local administrator a certificate of the elevation of the lowest floor
or floodproofed elevation in relation to mean see 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
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 duties of the local administrator shall include but not
be limited to:
A. Permit application review. The local administrator 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.
(a)
If there is no adverse effect, then the permit shall be granted
consistent with the provisions of this chapter.
(b)
If there is an adverse effect, then flood damage mitigation
measures shall be made a condition of the permit.
(4) Review all development permits for compliance with the provisions of §
113-15E, Encroachemnts.
B. Use of other base-flood and floodway data. When base-flood elevation data has not been provided in accordance with §
113-6, Basis for establishing areas of special flood hazard, 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 §
113-15D(4), in order to administer §
113-16, Specific Standards, and §
113-17, Floodways.
C. Information to be obtained and maintained. The local administrator
shall:
(1) Obtain and record the actual elevation, in relation to mean sea level,
of the lowest floor, including the basement or cellar, of all new
or substantially improved structures, whether or not the structure
contains a basement or cellar.
(2) For all new or substantially improved floodproofed structures:
(a)
Obtain and record the actual elevation, in relation to mean
sea level, to which the structure has been floodproofed.
(b)
Maintain the floodproofing certifications required in §§
113-15 and
113-16.
(3) Maintain for public inspection all records pertaining to the provisions
of this chapter, including variances, when granted, and certificates
of compliance.
D. Alteration or watercourses. The local 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.
(1) The local administrator 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.
(2) Base flood elevation data established pursuant to §
113-6 and/or
113-13B, when available, shall be used to accurately delineate the areas of special flood hazard.
(3) The local 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 local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in §
113-8 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 local administrator. Disregard of a stop-work order shall subject the violator to the penalties described in §
113-8 of this chapter.
G. Inspections. 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 that the
development is in compliance with the requirements of either the development
permit or the approved variance.