<div class="chunk-title">Sec. 34-53. - Duties and responsibilities of the floodplain administrator.</div>
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               The floodplain administrator shall perform, but not be limited to, the following duties:
               
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                  (1)
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                  Review all floodplain development applications and issue permits for all proposed
                  development within special flood hazard areas to assure that the requirements of this
                  article have been satisfied.
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                  (2)
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                  Review all proposed development within special flood hazard areas to assure that all
                  necessary local, state and federal permits have been received.
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                  (3)
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                  Notify adjacent communities and the North Carolina Department of Crime Control and
                  Public Safety, Division of Emergency Management, 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 (FEMA).
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                  (4)
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                  Assure that maintenance is provided within the altered or relocated portion of said
                  watercourse so that the flood-carrying capacity is maintained.
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                  (5)
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                  Prevent encroachments into floodways and non-encroachment areas unless the certification
                  and flood hazard reduction provisions of<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV3PRFLHARE_S34-70FLNCRAR" class="section-link" data-product-id="12776"> section 34-70</a> are met.
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                  (6)
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                  Obtain actual elevation (in relation to mean sea level) of the reference level (including
                  basement) and all attendant utilities of all new and substantial improved structures,
                  in accordance with subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV2AD_S34-52FLDEAPPECERE" class="section-link" data-product-id="12776"> 34-52</a>(c).
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                  (7)
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                  Obtain actual elevation (in relation to mean sea level) to which all new and substantially
                  improved structures and utilities have been floodproofed, in accordance with the provisions
                  of subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV2AD_S34-52FLDEAPPECERE" class="section-link" data-product-id="12776"> 34-52</a>(c).
                  </p>
               		
               
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                  (8)
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                  Obtain actual elevation (in relation to mean sea level) of all public utilities in
                  accordance with the provisions of subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV2AD_S34-52FLDEAPPECERE" class="section-link" data-product-id="12776"> 34-52</a>(c).
                  </p>
               		
               
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                  (9)
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                  When floodproofing is utilized for a particular structure, obtain certifications from
                  a registered professional engineer or architect in accordance with the provisions
                  of subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV2AD_S34-52FLDEAPPECERE" class="section-link" data-product-id="12776"> 34-52</a>(c) and subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV3PRFLHARE_S34-67SPST" class="section-link" data-product-id="12776"> 34-67</a>(2).
                  </p>
               		
               
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                  (10)
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                  Where interpretation is needed as to the exact location of boundaries of the special
                  flood hazard areas, floodways, or non-encroachment areas (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 a reasonable opportunity to appeal the interpretation as provided in this
                  article.
                  </p>
               		
               
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                  (11)
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                  When base flood elevation (BFE) data has not been provided in accordance with<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV1GE_S34-32BAESSPFLHAAR" class="section-link" data-product-id="12776"> section 34-32</a>, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along
                  with floodway data or non-encroachment area data available from a federal, state,
                  or other source, including data developed pursuant to subsection<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV3PRFLHARE_S34-68STFLWIESBAFLEL" class="section-link" data-product-id="12776"> 34-68</a>(2)b, in order to administer the provisions of this article.
                  </p>
               		
               
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                  (12)
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                  When base flood elevation (BFE) data is provided but no floodway nor non-encroachment
                  area data has been provided in accordance with<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV1GE_S34-32BAESSPFLHAAR" class="section-link" data-product-id="12776"> section 34-32</a>, obtain, review, and reasonably utilize any floodway data or non-encroachment area
                  data available from a federal, state, or other source in order to administer the provisions
                  of this article.
                  </p>
               		
               
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                  (13)
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                  Permanently maintain all records that pertain to the administration of this article
                  and make these records available for public inspection, recognizing that such information
                  may be subject to the Privacy Act of 1974, as amended.
                  </p>
               		
               
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                  (14)
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                  Make on-site inspections of work in progress. As the work pursuant to a floodplain
                  development permit progresses, the floodplain administrator 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 the local ordinance and the terms of the permit. In exercising this
                  power, the floodplain administrator has a right, upon presentation of proper credentials,
                  to enter on any premises within the jurisdiction of the community at any reasonable
                  hour for the purposes of inspection or other enforcement action.
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                  (15)
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                  Issue stop-work orders as required. Whenever a building or part thereof is being constructed,
                  reconstructed, altered, or repaired in violation of this article, the floodplain administrator
                  may order the work to be immediately stopped. The stop-work order shall be in writing
                  and directed to the person doing or in charge of the work. The stop-work order shall
                  state the specific work to be stopped, the specific reason(s) for the stoppage, and
                  the condition(s) under which the work may be resumed. Violation of a stop-work order
                  constitutes a misdemeanor.
                  </p>
               		
               
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                  (16)
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                  Revoke floodplain development permits as required. The floodplain administrator may
                  revoke and require the return of the floodplain development permit by notifying the
                  permit holder in writing stating the reason(s) 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 floodplain
                  development permit mistakenly issued in violation of an applicable state or local
                  law may also be revoked.
                  </p>
               		
               
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                  (17)
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                  May refuse or cause to be refused a certificate of occupancy for any building or other
                  improvements constructed or being constructed on the site in question, or cause the
                  county permitting office to refuse to issue any permit that has been applied for,
                  or cause the county permitting office to freeze (or suspend) active permits and inspections.
                  </p>
               		
               
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                  (18)
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                  Make periodic inspections throughout the special flood hazard areas within the jurisdiction
                  of the community. The floodplain administrator and each member of his or her 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.
                  </p>
               		
               
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                  (19)
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                  Follow through with corrective procedures of<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV2AD_S34-54COPR" class="section-link" data-product-id="12776"> section 34-54</a>.
                  </p>
               		
               
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                  (20)
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                  Review, provide input, and make recommendations for variance requests.
                  </p>
               		
               
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                  (21)
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                  Maintain a current map repository to include, but not limited to, the FIS Report,
                  FIRM and other official flood maps and studies adopted in accordance with<a href="" data-chunk-id="COOR_CH34FL_ARTIIFLDAPR_DIV1GE_S34-32BAESSPFLHAAR" class="section-link" data-product-id="12776"> section 34-32</a>, including any revisions thereto including letters of map change, issued by FEMA.
                  Notify state and FEMA of mapping needs.
                  </p>
               		
               
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                  (22)
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                  Coordinate revisions to FIS reports and FIRMs, including letters of map revision based
                  on fill (LOMR-F) and letters of map revision (LOMR).
                  </p>
               		
               
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                  (23)
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                  Apply and enforce any and all provisions of this article. In determining the amount
                  of any penalty ordered under authority of this article the floodplain administrator
                  shall give due consideration to the appropriateness of the penalty with respect to
                  the size of the business of the person being charged, the gravity of the violation,
                  the good faith of the person, the record of previous violations, and, in general,
                  the facts and circumstances surrounding the violation.
                  </p>
               		
               
            <p class="historynote0">
               (Res. No. 09-11-02, Â§ 3(Art. 4, Â§ C), 11-3-09)
               </p></div>