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 Malta
 Code of Ordinances
 Part II. General Legislation
 Chapter 92. Flood Damage Prevention

  § 92-13. Powers and duties of local administrator.  

Latest version.
  • Duties of the local administrator shall include but not be limited to the following:
    A. 
    Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall:
    (1) 
    Review all applications for completeness, particularly with the requirements of § 92-12, Permit application, and for compliance with the provisions and standards of this chapter.
    (2) 
    Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 92-14 and, in particular, § 92-14A, Subdivision proposals.
    (3) 
    Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 92-14 through 92-18, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
    (4) 
    Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
    B. 
    Use of other flood data.
    (1) 
    When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, 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 § 92-12G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
    (2) 
    When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter.
    C. 
    Alteration of watercourses. The local administrator shall:
    (1) 
    Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
    (2) 
    Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
    D. 
    Construction stage.
    (1) 
    In Zones A1 through A30, AE and AH and also Zone A, if base flood elevation data is available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for one hundred eighty (180) consecutive days or longer (unless it is fully licensed and ready for highway use).
    (2) 
    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.
    E. 
    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, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
    F. 
    Stop-work orders.
    (1) 
    The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 92-8 of this chapter.
    (2) 
    The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 92-8 of this chapter.
    G. 
    Certificate of compliance.
    (1) 
    In areas of special flood hazard, as determined by documents enumerated in § 92-6, it shall be unlawful to 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) 
    A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
    (3) 
    Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
    H. 
    Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
    (1) 
    Floodplain development permits and certificates of compliance.
    (2) 
    Certificates of as-built lowest floor elevations of structures, required pursuant to Subsection D(1) and (2), and whether or not the structures contain a basement.
    (3) 
    Floodproofing certificates required pursuant to Subsection D(1) and whether or not the structures contain a basement.
    (4) 
    Variances issued pursuant to §§ 92-19 and 92-20.
    (5) 
    Notices required under § 92-13C, Alteration of watercourses.