The Conservation Director is hereby appointed to administer
and implement the provisions of this chapter.
Application for a flood hazard development permit shall be made
to the Conservation Director on forms furnished by him prior to any
development activities, and may include, but not be limited to, the
following plans in duplicate drawn to scale 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. Specifically, the following information
is required:
A.
Application stage.
(1)
Elevation in relation to mean sea level of the proposed lowest flood (including basement) of all structures (§ 136-18A);
(2)
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed [§ 136-18A(2)(b)];
(3)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development;
(4)
A statement as to whether or not the proposed alterations to an existing structure meets the criteria of the substantial improvement definition in § 136-5;
(5)
A statement as to whether there will be dry access to the structure during the one-hundred-year storm event. Where applicable, the following certifications by a registered engineer or architect are required, and must be provided to the Conservation Director. The design and methods of construction must be certified to be in accordance with accepted standards of practice, and with the provisions of Article V.
(6)
Nonresidential floodproofing must meet the provisions of § 136-18A(2)(b);
(7)
Enclosed areas below the base flood elevation. If the minimum design criteria in § 136-18B(1) through (3) are not used, then the design and construction methods must be certified as explained in § 136-18B;
(8)
No increase in floodway heights may be allowed. Any development in a floodway must meet the provisions of § 136-18C;
(9)
If using data other than that provided by the Federal Emergency Management
Agency (FEMA), the applicant will provide background data for a proposed
regulatory floodway.
B.
Construction stage. Upon completion of the applicable portion of
construction, the applicant shall provide verification to the Conservation
Director of the following as is applicable:
(1)
Lowest flood elevation: the elevation to be verified for:
(a)
A structure in a numbered A Zone is the top of the lowest floor (including basement) [§ 136-18A(1)].
(b)
A structure which has been floodproofed is the elevation to which the floodproofing is effective [§ 136-18A(2)].
C.
Deficiencies. Deficiencies detected by the review of the above listed
shall be corrected by the applicant immediately and prior to any further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby shall be
cause to issue a stop-work order for the project.
A.
Duties of the Conservation Director shall include, but not be limited
to:
(1)
Reviewing all permit applications to determine whether proposed building
sites will be reasonably safe from flooding.
(2)
Reviewing all development permits to assure that the permit requirements
of this chapter have been satisfied.
(3)
Advising permittee that additional federal or state permits may be
required and, if specific federal or state permit requirements are
known, requiring that copies of such permits be provided and maintained
on file with the development permit.
(4)
Notifying the regional planning agency and the affected municipality
at least 35 days prior to the issuance of a permit if any change of
regulation or use of a flood zone will affect an area within 500 feet
of another municipality.
(5)
Notifying adjacent communities and the Department of Environmental
Protection, Water Resources Unit, prior to any alteration or relocation
of a watercourse, and submitting evidence of such notification to
the Federal Emergency Management Agency.
(6)
Assuring that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
(7)
Recording the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 136-18A(1).
(8)
Recording the elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with § 136-18A(2).
(9)
When floodproofing is utilized for a particular structure, the Conservation Director shall obtain certification from a registered professional engineer or architect, in accordance with § 136-18A(2).
(10)
Where interpretation is needed as to the exact location of boundaries
of the areas of special flood hazard (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the Conservation Director shall make the necessary interpretation.
The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided
in this article.
(11)
When base flood elevation data or floodway data have not been provided in accordance with § 136-7, then the Conservation Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of Article V.
B.
All records pertaining to the provisions of this chapter shall be
maintained in the office of the Conservation Director.
