The Code Enforcement Officer is hereby appointed local administrator
to administer and implement this chapter by granting or denying development
permits in accordance with its provisions.
A development permit shall be obtained before the start of construction
or any other development within the area of special flood hazard as established
in §
60-6. 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 and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities and the location of the foregoing.
A. Application stage. The following information is required
where applicable:
(1) Elevation, in relation to mean sea level, of the proposed
lowest floor, including basement or cellar, of all structures.
(2) Elevation, in relation to mean sea level, to which any
nonresidential structure will be floodproofed.
(3) When required, a certificate from a licensed professional
engineer or architect that the utility floodproofing will meet the criteria
in §
60-13C(1).
(4) Certificate from a licensed professional engineer or
architect that the nonresidential floodproofed structure will meet the floodproofing
criteria in §
60-14.
(5) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
B. 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 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 certification 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:
A. Permit application review.
(1) Review all development permit applications to determine
that the requirements of this chapter have been satisfied.
(2) 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.
(3) 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 physical damage
to adjacent properties. An engineering study may be required of the applicant
for this purpose.
(a) If there is no adverse effect, then the permit shall
be granted consistent with the provisions of this chapter.
(b) If there is an adverse effect, then flood damage mitigation
measures shall be made a condition of the permit.
(4) Review all development permit applications for compliance
with the provisions of §
60-13E, Encroachments.
B. Use of other base flood and floodway data. When base
flood elevation data has not been provided in accordance with §
60-6,
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 a federal, state or other source, including data developed
pursuant to §
60-13D(4), in order to administer §
60-14,
Specific standards, and §
60-15, Floodways.
C. Information to be obtained and maintained.
(1) 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.
(2) For all new or substantially improved floodproofed structures:
(a) Obtain and record the actual elevation, in relation to
mean sea level, to which the structure has been floodproofed; and
(b) Maintain the floodproofing certifications required in
§§
60-13 and
60-14.
(3) Maintain for public inspection all records pertaining
to the provisions of this chapter, including variances when granted and certificates
of compliance.
D. Alteration of watercourses.
(1) 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, 26 Federal Plaza, New York, New York
10278.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
E. Interpretation of FIRM boundaries.
(1) 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.
(2) Base flood elevation data established pursuant to §
60-6
and/or Subsection
B of this section, when available, shall be used to accurately
delineate the area of special flood hazards.
(3) 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.
F. Stop-work orders.
(1) All floodplain development found ongoing without an approved
permit shall be subject to the issuance of a stop-work order issued by the
local administrator. Disregard of a stop-work order shall be subject to the
penalties described in §
60-8.
(2) 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 §
60-8.
G. 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 either the development permit or
the approved variance.
H. Certificate of compliance.
(1) 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 this chapter.
(2) All other development occurring within the designated
flood hazard area will have, upon completion, a certificate of compliance
issued by the local administrator.
(3) All certifications shall be based upon the inspections
conducted subject to Subsection
G and/or any certified elevations, hydraulic
information, floodproofing, anchoring requirements or encroachment analysis
which may have been required as a condition of the approved permit.