A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 125-6. Application for a development permit shall be made on forms furnished by the Town Clerk and 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, fill, storage of materials, drainage facilities; and the location of the foregoing.
The enforcement officer is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
Duties of the enforcement officer shall include, but not be
limited to:
A.
Permit review.
(1)
Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
(2)
Review all development permits 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 permits to determine if the proposed development
adversely affects the flood-carrying capacity of the area of special
flood hazard. For the purposes of this chapter, "adversely affects"
means damage to adjacent properties because of rises in flood stages
attributed to physical changes of the channel and the adjacent overbank
areas.
B.
Use of other base flood data. When base flood elevation data has not been provided in accordance with § 125-6, the enforcement officer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer § 125-14, Specific standards.
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.
(b)
Maintain the floodproofing certifications required in § 125-14B(3).
(3)
Maintain for public inspection all records pertaining to the provisions
of this chapter.
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 Federal
Insurance Administration.
(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 § 125-8 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 § 125-8 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 any 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.
