The Emergency Manager is hereby appointed the floodplain administrator
to administer and implement the provisions of this chapter and other
appropriate sections of 44 CFR (Emergency Management and Assistance
- National Flood Insurance Program Regulations) pertaining to floodplain
management.
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
A.
Maintain and hold open for public inspection all records pertaining
to the provisions of this chapter.
B.
Review the permit application to determine whether the proposed building
site project, including the placement of manufactured homes, will
be reasonably safe from flooding.
C.
Review, approve or deny all applications for development permits
required by adoption of this chapter.
D.
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. § 1334) from which prior
approval is required.
E.
Where interpretation is needed as to the exact location of the 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 floodplain administrator shall make the necessary interpretation.
F.
Notify, in riverine situations, adjacent communities and the state
coordinating agency, which is the New Mexico Department of Homeland
Security and Emergency Management (DHSEM), prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Emergency Management Agency.
G.
Assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
H.
When base flood elevation data has not been provided in accordance with § 135-7, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Article V.
I.
When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zone
A1-30, AO or AE on the community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
J.
Under the provisions of 44 CFR Chapter 1, § 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in Zones A1-30, AE AH and AO on the community's FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by Section 65.12.
A.
Application for a floodplain development permit shall be presented
to the floodplain administrator on forms furnished by him/her and
may include, but not be limited to, plans, in duplicate, drawn to
scale, showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the foregoing
in relation to areas of special flood hazard. Additionally, the following
information is required:
(1)
The elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new and substantially improved structures;
(2)
The elevation, in relation to mean sea level, to which any nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of § 135-18B;
(4)
A description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
B.
Approval or denial of a floodplain development permit by the floodplain
administrator shall be based on all of the provisions of this chapter
and the following relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6)
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges,
and public utilities and facilities, such as sewer, gas, electrical
and water systems;
(7)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
A.
The Appeal Board, as established by the community, shall hear and
render judgment on requests for variances from the requirements of
this chapter.
B.
The Appeal Board shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision,
or determination made by the floodplain administrator in the enforcement
or administration of this chapter.
C.
Any person or persons aggrieved by the decision of the Appeal Board
may appeal such decision in the courts of competent jurisdiction.
D.
The floodplain administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
E.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places without regard to
the procedures set forth in the remainder of this chapter.
F.
Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors in § 135-15B of this chapter have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
G.
Upon consideration of the factors noted above and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (§ 135-3).
H.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
I.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
J.
Prerequisites for granting variances:
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(3)
Any application to which a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
K.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
