A.
Permit and variance applications shall be made by the property owner
or the owner's authorized agent (hereafter the "applicant").
B.
Application forms and submittals.
(1)
The Floodplain Administrator shall publish permit and variance application
forms and a checklist of required information.
(2)
The Floodplain Administrator may request additional information for
an application if necessary to ensure compliance with these regulations.
(3)
Applications must be accompanied by required fees in accord with
the fee schedule established by the County Council.
C.
The Floodplain Administrator shall review an application for development
in special flood hazard areas or variances to determine its completeness.
The applicant shall be notified of incompleteness or additional required
information within 15 days of the application's receipt. The applicant
shall be notified in writing, specifying the deficiencies, listing
additional required information, and stating that no further action
on the application will be taken until the additional material is
received by the Floodplain Administrator.
A.
Application contents. Applications for special flood hazard area
development shall include the following information, and all items
on the checklist provided by the Floodplain Administrator:
(1)
Site plans drawn to scale showing the nature, location, dimensions,
and existing and proposed topography of the proposed development site,
and the location of existing and proposed structures, excavation,
filling, storage of materials, drainage facilities, and other proposed
activities.
(2)
Predisturbance grade elevation where structures are proposed referenced
to the datum on the Flood Insurance Rate Maps.
(3)
Special flood hazard areas, designated floodway boundaries, flood
zones, base flood elevations, and flood protection setbacks.
(4)
Base flood elevations, for subdivision plans and major site plans,
in special flood hazard areas where base flood elevations are not
shown on the Flood Insurance Rate Maps.
(5)
For proposed structures, including substantial improvement and repair
of substantial damage, and placement and replacement of manufactured
homes:
(a)
Proposed lowest floor elevation, including the basement, referenced
to the Flood Insurance Rate Maps' datum, and a signed elevation certificate
submission agreement.
(b)
The signed declaration of land restriction (nonconversion agreement)
that shall be recorded in the Talbot County land records if the application
includes an enclosure below the lowest floor, including any crawl/under-floor
space more than four feet in height.
(6)
A variance as set forth in Article VI is required for accessory structures 300 square feet or larger in floor area that are below the base flood elevation. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded in the Talbot County land records prior to issuance of the certificate of occupancy.
(7)
For proposed work on existing structures, including any improvement,
addition, repairs, alterations, rehabilitation, or reconstruction,
sufficient information to determine if the work constitutes substantial
improvement or repair of substantial damage, including but not limited
to:
(a)
If the existing structure was constructed after May 15, 1985,
evidence that the work will not affect the structure's compliance
with the floodplain management requirements in effect at the time
the structure was permitted.
(c)
Market value documentation of the structure before the improvement
or, if the work is repair of damage, before the damage occurred.
(d)
Documentation of the actual cash value of all proposed work,
including the actual cash value of all work necessary to repair and
restore damage to the before-damaged condition, regardless of the
amount of proposed work. The value of work performed by the owner
or volunteers shall be valued at market labor rates; the value of
donated or discounted materials shall be valued at market rates.
(e)
In floodways and coastal high-hazard areas, permits shall be
tracked by property location to determine if the cumulative value
of improvements constitutes substantial improvement within any twelve-month
period. The twelve-month period shall extend from the certificate
of occupancy date for the first improvement until the building permit
application date for successive improvements.
(8)
Certifications and/or technical analyses prepared or conducted by
a licensed designer, as appropriate, including:
(a)
The determination of the base flood elevations or hydrologic
and hydraulic engineering analyses prepared by a licensed engineer
that are required by the Floodplain Administrator or are required
by these regulations.
(b)
The floodproofing certificate for floodproofed nonresidential structures in accord with § 70-29B, Floodproofing requirements.
(c)
Certification that engineered flood openings are designed to
meet the minimum requirements.
(d)
Certification that the proposed elevation, structural design,
specifications and plans, and construction methods for structures
in coastal high hazard areas (V Zones) and Coastal A Zones, are in
accordance with accepted standards of practice and meet the requirements
of this chapter.
(9)
For nonresidential structures proposed with floodproofing, an operations and maintenance plan as specified in § 70-29, Nonresidential structures.
(10)
Other material and information requested by the Floodplain Administrator
and necessary to determine conformance with these regulations.
B.
New technical data.
(1)
The applicant may seek a letter of map change by submitting new technical
data to the Federal Emergency Management Agency, such as maps, topography,
and engineering analyses to support revision of floodplain and floodway
boundaries and/or base flood elevations. Such submissions shall be
prepared in a format acceptable to the Federal Emergency Management
Agency, and any fees shall be the sole responsibility of the applicant.
A copy of the submittal shall be attached to the application for a
permit.
(2)
If the applicant submits new technical data to support any change
in floodplain and designated floodway boundaries and/or base flood
elevations but has not sought a letter of map change from the Federal
Emergency Management Agency, the applicant shall submit such data
to the Federal Emergency Management Agency as soon as practicable,
but not later than six months after the date such information becomes
available. Such submissions shall be prepared in a format acceptable
to the Federal Emergency Management Agency, and any fees shall be
the sole responsibility of the applicant.
C.
Maryland Department of the Environment floodplain regulation. Applicants for permits in nontidal waters must contact the Maryland Department of the Environment. Unless waived by Maryland Department of the Environment, per the Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, the Maryland Department of the Environment regulates the "100-year frequency floodplain of free-flowing waters." To determine the 100-year frequency floodplain, calculations must be based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas subject to state regulation may be different from the special flood hazard areas established in § 70-12, Flood Insurance Rate Map use and interpretation.
The Floodplain Administrator shall:
A.
Notify applicants that permits from other state and federal authorities
may be required.
B.
Review all permit applications to assure that all necessary permits
have been received from the federal, state or local governmental agencies
from which prior approval is required. The applicant shall be responsible
for obtaining such permits, including permits issued by:
C.
Review applications for compliance with these regulations after information
required in these regulations or identified in the Floodplain Administrator's
checklist and required by the Floodplain Administrator has been received.
D.
Approve permits if the proposed development conforms to this chapter's
requirements and all other applicable local codes and chapters. If
applicable, the Floodplain Administrator shall note on the permit
the proper elevation to which the structures or additions lowest floor
must be elevated.
A.
A permit is valid provided the actual start of construction is within
180 days of permit issuance.
B.
Requests for extensions shall be in writing and shall include a justifiable cause for delay. The Floodplain Administrator may grant, in writing, one or more extensions of time, for periods not more than 180 days each, provided there has been no revision to the basis for establishing base flood elevations and special flood hazard areas set forth in § 70-12, Flood Insurance Rate Map use and interpretation.
C.
Work shall be completed within 18 months from the permit issuance
date unless the permit specifies a longer period or a written extension
is granted.
D.
If a permit expires, no development shall proceed until a new permit
application is submitted and approved.
E.
After permit issuance, no changes shall be made to any of the plans,
specifications or other documents without advance written approval
of the Floodplain Administrator. A copy of the permit or other verification
must be displayed at the construction site during construction activity.
F.
The Floodplain Administrator shall make periodic inspections of development
permitted in special flood hazard areas, at appropriate times throughout
the period of construction in order to monitor compliance. Such inspections
may include:
(1)
Stakeout inspection, to determine location on the site relative to
the flood hazard area and designated floodway.
(2)
Foundation inspection, upon completion of the top of foundation block
or placement of the lowest floor, whichever is lower, and prior to
further vertical construction, to collect information or certification
of the actual elevation of the lowest floor.
(3)
Inspection of enclosures below the lowest floor, including crawl/under-floor
spaces.
(4)
Utility inspection, after installation of specified equipment and
appliances, to determine their location with respect to the base flood
elevation.
(5)
Final inspection prior to issuance of the certificate of occupancy.
A.
Pursuant to the elevation submission agreement submitted with an
application for a structure that must be elevated, the applicant shall
have an elevation certificate prepared and submitted based upon completion
of the top of foundation block or placement of the lowest floor, whichever
is lower, and prior to further vertical construction; and also prior
to final inspection and issuance of a certificate of occupancy. The
elevation certificate shall be prepared by a licensed engineer or
licensed surveyor. When used to document building height above grade
in special flood hazard areas for which base flood elevation data
are not available, the elevation certificate shall be completed in
accordance with Federal Emergency Management Agency instructions.
B.
To ensure compliance, a certificate of elevation compliance shall
be required for tanks, equipment, mechanicals, components, or other
systems required by this chapter to be elevated, but not required
or included on an elevation certificate.
C.
Where applicable, the declaration of land restriction (nonconversion
agreement) shall be recorded on the property deed prior to issuance
of the certificate of occupancy.
A.
Notice of violation and stop-work order. If the Floodplain Administrator determines that there has been a violation of these regulations, the information shall be forwarded to the Chief Code Compliance Officer for disposition in accordance with Chapter 58 of the Talbot County Code. The Chief Code Compliance Officer shall give written notice of such violation to the owner, the owner's authorized agent, and the person responsible for such violation, and may issue a written stop-work order. The notice of violation shall be an administrative abatement order as established in Chapter 58. The administrative abatement order shall, as a minimum:
(1)
List the violations, referring to the section or sections of these
regulations that have been violated;
(2)
Order remedial compliance action;
(3)
Specify a reasonable period of time to correct the violation;
(4)
Advise the recipients of the right to appeal; and
(5)
Be served in person; or
(6)
Be posted in a conspicuous place in or on the property and sent by
registered or certified mail to the last known mailing address, residence,
or place of business of the recipients.
B.
Violations and penalties. Violations of these regulations or failure
to comply with the requirements of these regulations or any conditions
attached to a permit or variance shall constitute a misdemeanor and
a civil infraction.
(1)
A fine may be imposed by the Chief Code Compliance Officer for the
violation. Each day a violation continues shall be considered a separate
offense.
(2)
The fine does not excuse the violation. The violation must be corrected
prior to any further work progressing on the project.
(3)
Nothing herein shall prevent Talbot County from taking such other
lawful action as is necessary to prevent or remedy violations.
C.
Maryland Department of the Environment notification. The Maryland
Department of the Environment shall be notified by the Chief Code
Compliance Officer within 30 days after issuance of a notice or citation
for any violation which requires a fine or court appearance. New or
renewal federal flood insurance may be denied to any structure remaining
in violation of this chapter. The violation may also violate state
law, may be subject to separate action, and may incur a separate penalty.
