The Zoning Enforcement Officer is hereby appointed local administrator
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 area of special flood hazard as established in § 93-6. Application for a development permit shall be made on forms furnished by the local 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 § 93-13C(1);
(4)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 93-14; and
(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 local 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
local 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 local administrator shall include, but not be
limited to:
A.
Permit application review.
(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 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 § 93-6, 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 § 93-13D(4) in order to administer § 93-14, Specific standards, and § 93-15, Floodways.
C.
Information to be obtained and maintained.
(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.
(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, NY 10276.
(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 area of special flood hazard and actual field conditions.
(3)
The local administrator shall use flood information from any other
authoritative source, including historical data, to establish the
limits of the area of special flood hazards 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 be subject to the penalties described in § 93-8 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 be subject to the penalties described in § 93-8 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.
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 local 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 local administrator.
