The Planning Board of the Town of Sullivan is
hereby appointed local administrator to administer and implement this
chapter by granting or denying development permit applications 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 § 142-6. 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 § 142-13C(1);
(4)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 142-14; and
(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.
B.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 142-6, 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 § 142-13D(4) in order to administer § 142-14, Specific standards and § 142-15, 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.
(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, NY 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.
(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 by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 142-8 of this chapter.
(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 § 142-8 of this chapter.
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.