The MCSC Chief Engineer shall:
A. Supervise the enforcement of this chapter in certified communities
by periodically reviewing the community's ordinance enforcement records
and making remedial recommendations to the community;
B. Notify all the communities of the county, FEMA, and IDNR/OWR of any
amendments to this chapter; and
C. Maintain a current list of all maps considered regulatory under this
chapter.
The enforcement officer shall:
A. Attend a minimum of four hours of annual training for enforcement
officers, as scheduled by the county;
B. Ensure that all applicable consultations, waivers, approvals, and
permits from federal, state, and other local authorities are received
prior to issuing a stormwater management permit;
C. Utilize a form to document the following characteristics for each
stormwater management permit issued:
[Amended 11-17-2020 by Ord. No. 7671]
(1) The proposed hydrologically disturbed area;
(2) The existing and proposed impervious area and the impervious area
that existed at the development site prior to the effective date of
this chapter;
(3) Whether a flood hazard area exists on the development site;
(4) Whether an IWMC exists on the development site;
(5) The development classification;
(6) The signature of the Certified Floodplain Manager that has reviewed
and recommends approval of the stormwater management permit application,
if applicable;
(7) The signature of the licensed professional engineer who has reviewed
and recommends approval of the stormwater management permit application,
if applicable;
(8) The signature of the wetland specialist who has reviewed and recommends
approval of the stormwater management permit application, if applicable;
(9) The signature of the enforcement officer issuing the stormwater management
permit;
D. Approve the BFE for a regulated development, if applicable;
E. Ensure that a Certified Floodplain Manager reviews or supervises
the review of a permit application within a flood hazard area.
[Added 11-17-2020 by Ord.
No. 7671]
F. Ensure that a licensed professional engineer reviews or supervises
the review of any plans, calculations or analyses prepared by a licensed
professional engineer as part of a stormwater management permit application.
The review and design engineers shall not be the same person;
G. Ensure that a wetland specialist reviews or supervises the review
of any documents prepared by a wetland specialist as part of a stormwater
management permit application. The review and design wetland specialist
shall not be the same person;
H. Determine whether as-built plans and/or a performance guarantee are
necessary to ensure regulated development is built and maintained
in accordance with the stormwater management permit. The amount of
a performance bond, surety, or other such security may be up to 150%
of the estimated cost to complete construction of the approved stormwater
management system. The estimated cost to complete construction shall
be prepared by a licensed professional engineer and approved by the
enforcement officer;
I. Ensure that the required notice of a petition for a variance has
been given and published as required by this chapter;
J. Notify the MCSC Chief Engineer of every scheduled variance hearing
not less than 15 days nor more than 30 days prior to the hearing;
K. Notify a petitioner for a variance that such variance may result
in increased rates for flood insurance, if applicable;
L. Notify the MCSC Chief Engineer of an application for a CLOMR or LOMR;
M. Provide for inspections of regulated development as required by this
chapter;
N. Investigate complaints of violations of this chapter within his or
her community;
O. Notify violators within floodplains that failure to comply with the
provisions of the NFIP could make them ineligible to receive flood
insurance;
P. Utilize the legal or equitable actions, remedies and penalties necessary
to enforce this chapter within his or her community;
Q. Advise, consult, and cooperate with other governmental agencies to
promote the purposes of this chapter;
R. Maintain copies of all the following documents for public inspection:
(1) Stormwater management permit applications;
(2) Applicable federal, state, and other local permits;
(4) Records required for eligibility in the NFIP, including elevation
certificates, floodproofing certificates, and lowest floor elevations;
(5) Documentation and data on the cost of any repair, reconstruction,
rehabilitation, or other improvement to a building in the floodplain
in order to enforce the substantial improvement requirements of this
chapter;
(6) CLOMRs, LOMRs, LOMAs; and
(7) Any additional documentation submitted to demonstrate compliance
with the requirements of this chapter;
S. Inspect damaged buildings, regardless of the source of the damage,
located within the floodplain, to determine whether they have been
substantially damaged;
T. Notify the MCSC Chief Engineer, FEMA, and IDNR/OWR of any proposed
amendment to this chapter;
U. Notify IDNR/OWR of any dam that does not have a permit from IDNR/OWR;
V. Notify IDNR/OWR, IEMA, and the owner of the dam, if a dam is believed
to be in an unsafe condition; and
W. Notify adjacent communities in writing 30 days prior to the issuance
of a stormwater management permit involving a channel modification.
In all cases when any action is taken by the MCSC Chief Engineer
or the enforcement officer, or his or her duly appointed designee,
to enforce the provisions of this chapter, such action shall be take
either in the name of the county or the certified community, as the
case may be, and neither the MCSC Chief Engineer or the enforcement
officer nor his or her designee, in so acting, shall be rendered personally
liable.