(A) Designation. The City Manager or his or her designee is hereby appointed to administer and implement floodplain administration and the other standards of this chapter by granting or denying development permit applications in accordance with its provisions.
(B) Duties and responsibilities. Duties of the City Manager or his or her designee shall include but not be limited to:
(1) Permit review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) 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.
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ' 153.22(A) are met.
(2) Use of other base flood data. When base flood elevation data has not been provided in accordance with ' 153.04, the city shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of ' 153.21.
(3) Information to be obtained and maintained.
(a) Where base flood elevation data is provided through the flood insurance study or required as in division (B)(2) above, obtain and record the actual elevation (in relation to mean sea level) of
the lowest habitable floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures:
(4) Alteration of watercourses.
(a) Notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse and submit evidence of notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(5) Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76).
(Ord. 2167, passed 8-23-10)
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in ' 153.04. The permit shall be for all structures including manufactured homes, as set forth in the definitions, and for all other development including fill and other activities, also as set forth in the definitions. Prior to issuance of a development permit the following information is required:
(A) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(B) Elevation in relation to mean sea level to which any structure has been floodproofed;
(C) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in ' 153.21(B); and
(D) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 2167, passed 8-23-10) Penalty, see ' 153.99
(A) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
(B) Any person who violates this chapter or fails to comply with any of its requirements commits a Class A violation for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2167, passed 8-23-10)