The Code Enforcement Officer of the Town of Marion 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 (which shall be analogous to a zoning and/or a building permit) shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 153-7. 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, elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
Application stage. The following information is required where applicable:
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures;
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 153-14C(1);
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 153-15B; and
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
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 as-built 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 certificate 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:
Permit application review.
Review all development permit applications to determine that the requirements of this chapter have been satisfied.
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.
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 the physical damage to adjacent properties. A hydraulic engineering study may be required of the applicant for this purpose.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 153-7, 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 federal, state or other source, including data developed pursuant to § 153-14D(4) in order to administer § 153-15, Specific standards, and § 153-16, Floodways.
Information to be obtained and maintained.
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.
Maintain for public inspection all records pertaining to the provisions of this chapter including variances, when granted, and certificates of compliance.
Alteration of watercourses.
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.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Interpretation of FHBM, FIRM or FBFM boundaries.
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.
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.
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 § 153-9 of this chapter.
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 § 153-9 of this chapter.
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 this chapter.
Certificate of compliance.
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 either the development permit or the approved variance.
All other development occurring within the area of special flood hazard will have upon completion a certificate of compliance issued by the local administrator.