§ 71-12. Duties and responsibilities of local administrator.

Duties of the local administrator shall include but not be limited to:

A. 

Permit application review. The local administrator shall:

(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. A hydraulic 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 permits for compliance with the provisions of § 71-13E, Encroachments.

B. 

Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 71-6, 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 § 71-13D(4), in order to administer § 71-14, Specific standards, and § 71-15, Floodways.

C. 

Information to be obtained and maintained. The local administrator shall:

(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 §§ 71-13 and 71-14.

(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. The local administrator shall:

(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 § 71-6 and/or § 71-12B, when available, shall be used to accurately delineate the area of special flood hazard.

(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 hazard 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 § 71-8 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 § 71-8 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 this chapter.

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 either the development permit or the approved variance.

(2) 

All other development occurring within the area of special flood hazard 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.