§ 3.4.3. Administration.

(A)

Designation of local administrator. The planning director and/or his designee is hereby appointed to administer and implement the provisions of section 3.4.

(B)

Adoption of letter of map revisions (LOMR). All LOMRs that are issued in the areas identified in section 3.4.1(D) are hereby adopted.

(C)

Development permit and certification requirements. Application for a development permit shall be made to the local administrator on forms furnished by him or her prior to any development activities. The development permit may include, but not be limited to, plans in duplicate drawn to scale showing; the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities. Specifically, the following information is required:

(1)

A plot plan that shows the 100-year (one percent) floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either section 3.4.3(C)(10) or sections 3.4.4(C) and 3.4.4(D). The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

(2)

The plot plan required by section 3.4.3(B)(1) must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either section 3.4.3(C)(9) or 3.4.4(C) and 3.4.4(D).

(3)

Where base flood elevation data is provided as set forth in section 3.4.1(D) or section 3.4.3(C)(10), the application for a development permit within the flood hazard area shall show:

a.

The elevation (in relation to mean sea level) of the lowest floor of all new and substantially improved structures, and

b.

If the structure will be floodproofed in accordance with section 3.4.4(B)(2), the elevation (in relation to mean sea level) to which the structure will be floodproofed.

(4)

If no base flood elevation data is provided as set forth in section 3.4.1(D) or section 3.4.3(C)(9), the application for a development permit must show construction of the lowest floor at least two (2) feet above the base flood elevation (BFE) determined by one of the methods referred to in section 3.4.4(C)(2).

(5)

Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include a description of the extent of watercourse alteration or relocation, an engineering study to demonstrate that the flood- carrying capacity of the altered or relocated watercourse is maintained and a map showing the location of the proposed watercourse alteration or relocation.

(6)

When a structure is floodproofed, the applicant shall provide certification from a registered, professional engineer or architect that the nonresidential, floodproofed structure meets the floodproofing criteria in section 3.4.4(B)(2).

(7)

Certification during construction. A lowest floor elevation or floodproofing certification is required after the lowest floor is completed. As soon as possible after completion of the lowest floor and before any further vertical construction commences, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local floodplain administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it. Any work done prior to submission of the certification shall be at the permit holder's risk. The local floodplain administrator shall review the floor elevation survey data submitted. The permit holder immediately and prior to further progressive work being permitted to proceed shall correct deficiencies detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

(8)

As-built certification. Upon completion of the development a registered professional engineer, land surveyor or architect, in accordance with state law, shall certify according to the requirements of subsections (B)(6), and (B)(7) that the development is built in accordance with the submitted plans and previous pre-development certifications.

(9)

If the proposed project will impact the configuration of the watercourse, floodway, or base flood elevation for which a detailed flood insurance study has been developed, the applicant shall apply for and must receive approval for a conditional letter of map revision with the Federal Emergency Management Agency prior to actual construction.

(10)

Within 60 days of the completion of an alteration of a watercourse, referenced in section 3.4.3(B)(9), the applicant shall submit as-built certification, by a registered engineer, to the Federal Emergency Management Agency.

(11)

Where no base flood elevation is established and it cannot be determined whether proposed development will be located within the special flood hazard area, a plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. The plot plan shall show the proposed location of the development and the edge of the special flood hazard area. If it is determined that the development will be located outside the special flood hazard area, the same development, once foundation work (or permanent construction) has commenced, must be certified that it has been sited outside the special flood hazard area. Otherwise, all other provisions in section 3.4 for development in the floodplain would apply.

(D)

Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to:

(1)

Review all development permits to assure that the requirements of section 3.4 have been satisfied.

(2)

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

(3)

Notify adjacent communities and the state department of natural resources, land, water and conservation division, state coordinator for the national flood insurance program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(4)

In addition to the notifications required in section 3.4.3(C)(3), written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions. The assurance shall consist of a description of maintenance activities, frequency of performance, and the local official responsible for maintenance performance. Records shall be kept on file for FEMA inspection.

(5)

Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of section 3.4.4 are met.

(6)

Obtain actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures, in accordance with section 3.4.3(B)(7).

(7)

Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with section 3.4.3(B)(7).

(8)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with section 3.4.4(B)(2).

(9)

Where interpretation is needed as to the exact location of 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), make the necessary interpretation. The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this article.

(10)

When base flood elevation data or floodway data has not yet been provided in accordance with section 3.4.1(D), obtain, review, and reasonably utilize best available base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to sections 3.4.4(C)(2) and 3.4.4(D)(3), in order to administer the provisions of section 3.4. Data from preliminary, draft, and final flood insurance studies constitutes best available data from a federal, state or other source. Data must be developed using hydraulic models meeting the minimum requirement of NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.

(11)

When the exact location of boundaries of the areas special flood hazards conflict with the current, natural topography information at the site; the site information takes precedence when the lowest adjacent grade is at or above the BFE, the property owner may apply and be approved for a letter of map amendment (LOMA) by FEMA. The local floodplain administrator in the permit file will maintain a copy of the letter of map amendment issued from FEMA.

(12)

Make on-site inspections of projects in accordance with section 3.4.3(D).

(13)

Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with section 3.4.3(D).

(14)

Maintain all records pertaining to the administration of section 3.4 and make these records available for public inspection.

(15)

Adjoining floodplains. Cooperate with neighboring communities with respect to the management of adjoining floodplains and/or flood-related erosion areas in order to prevent aggravation of existing hazards.

(16)

Notifying adjacent communities. Notify adjacent communities prior to permitting substantial commercial developments and large subdivisions to be undertaken in areas of special flood hazard and/or flood-related erosion hazards.

(17)

Prevailing authority. Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations (as found on an elevation profile, floodway data table, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in section 3.4.4.B(8)(b).

(18)

Annexations and detachments. Notify the state department of natural resources land, water and conservation division, state coordinator for the national flood insurance program within six months, of any annexations or detachments that include special flood hazard areas.

(19)

Federally funded development. The President issued executive order 11988, Floodplain Management, May 1977. Executive order 11988 directs federal agencies to assert a leadership role in reducing flood losses and losses to environmental values served by floodplains. Proposed developments must go through an eight-step review process. Evidence of compliance with the executive order must be submitted as part of the permit review process.

(20)

Substantial damage determination. Perform an assessment of damage from any origin to the structure using FEMA's residential substantial damage estimator (RSDE) software to determine if the damage equals or exceeds 50 percent of the market value of the structure before the damage occurred.

(21)

Substantial improvement determinations. Perform an assessment of permit applications for improvements or repairs to be made to a building or structure that equals or exceeds 50 percent of the market value of the structure before the start of construction. Cost of work counted for determining if and when substantial improvement to a structure occurs shall be cumulative for a period of five years. If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether "substantial improvement" will occur. The market values shall be determined by one of the following methods:

a.

The current assessed building value as determined by the county's assessor's office or the value of an appraisal performed by a licensed appraiser at the expense of the owner within the past six months.

b.

One or more certified appraisals from a registered professional licensed appraiser in accordance with the laws of the state. The appraisal shall indicate actual replacement value of the building or structure in its pre-improvement condition, less the cost of site improvements and depreciation for functionality and obsolescence.

c.

Real estate purchase contract within six months prior to the date of the application for a permit.

(E)

Administrative procedures.

(1)

Inspections of work in progress: As the work pursuant to a permit progresses, the local administrator or designated representatives shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of section 3.4 and the terms of the permit. In exercising this power, the administrator has the right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.

(2)

Stop work orders: Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of section 3.4, the administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violations of a stop-work order constitutes a misdemeanor.

(3)

Revocation of permits: The local administrator may revoke and require the return of the development permit by notifying the permit holder in writing, stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(4)

Periodic inspections: The local administrator and each member of his inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(5)

Violations to be corrected: When the local administrator finds violations of applicable state and local laws, it shall be his duty to notify the owner or occupant of the building of violation. The owner or occupant shall immediately remedy each of the violations of law on the property he owns.

(6)

Actions in event of failure to take corrective action: If the owner of a building or property shall fail to take prompt corrective action, the administrator shall give him written notice, by certified or registered mail to his last known address or by personal service that:

a.

The building or property is in violation of section 3.4 of the Development Standards Ordinance;

b.

A hearing will be held before the local administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

c.

Following the hearing, the local administrator may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate.

(7)

Order to take corrective action: If, upon a hearing held pursuant to the notice prescribed above, the local administrator shall find that the building or development is in violation of section 3.4 of the Development Standards Ordinance, he shall make an order in writing to the owner, requiring the owner to remedy the violation within such period the administrator may prescribe (not less than 60 days); provided that, where the administrator finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.

(8)

Appeal: Any owner who has received an order to take corrective action may appeal from the order to the local elected governing body by giving notice of appeal in writing to the administrator and the clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(9)

Failure to comply with order: If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been take, or fails to comply with an order of the governing body following an appeal, he shall be found guilty of a misdemeanor and shall be punished in the discretion of the court.

(10)

Denial of flood insurance under the NFIP. If a structure is declared in violation of this section and after all other penalties are exhausted to achieve compliance with this section then the local floodplain administrator shall notify the Federal Emergency Management Agency (FEMA) to initiate a Section 1316 of the National Flood insurance Act of 1968 action against the structure upon the finding that the violator refuses to bring the violation into compliance with this section. Once a violation has been remedied the local floodplain administrator shall notify FEMA of the remedy and ask that the Section 1316 be rescinded.

(11)

The following documents are incorporated by reference and may be used by the local floodplain administrator to provide further guidance and interpretation of this section as found on FEMA's website at www.fema.gov:

a.

FEMA 55 Coastal Construction Manual.

b.

All FEMA Technical Bulletins.

c.

All FEMA Floodplain Management Bulletins.

d.

FEMA 348 Protecting Building Utilities from Flood Damage.

e.

FEMA 499 Home Builder's Guide to Coastal Construction Technical Fact Sheets.

(Ord. No. 04-11, § 2, 9-7-04; Ord. No. 09-13, § I, 10-5-09; Ord. No. 12-16, § I, 12-3-12)