§ 1104. Administration.

1104.1

Designation of local administrator. The Building Inspector (local administrator) is hereby appointed to administer and implement the provisions of this ordinance.

1104.2

Permit procedures. Application for a Development Permit shall be made to the local administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in questions; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(a)

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

(b)

Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

(c)

Provide a certificate from a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in Section 1105, Subsection 105.2(b);

(d)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(e)

Provide a floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the local administrator a certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the bottom of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) days calendar period and prior to submission of the certification shall be at the permit holder's risk. The local administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

1104.3

Duties and responsibilities of the local administrator. Duties of the Building Inspector (local administrator) shall include, but not be limited to:

(a)

Review all development permits to assure that the permit requirements of this ordinance have been satisfied;

(b)

Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit;

(c)

Notify adjacent communities and the NC Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, prior to any alterations or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(d)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(e)

Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Section 105 are met.

(f)

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section 1104, Subsection 1104.2(e).

(g)

Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with Section 1104, Subsection 1104.2(e).

(h)

When flood-proofing is utilized for a particular structure the local administrator shall obtain certifications from a registered professional engineer or architect in accordance with Section 1105, Subsection 1105.2(e).

(i)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions the local administrator shall 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.

(j)

When base flood elevation data has not been provided in accordance with Section 1103, Subsection 1103.2, then the local administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, including data developed pursuant to Section 1105, Subsection 1105.4(d), in order to administer the provisions of this ordinance.

(k)

All records pertaining to the provisions of this ordinance shall be maintained in the office of the local administrator and shall be open for public inspection.

1104.4

Variance procedures.

(a)

The Zoning Board of Adjustment (appeal board) as established by Article VII of this ordinance shall hear and decide appeals and requests for variances from the requirements of this ordinance.

(b)

The Zoning Board of Adjustment (appeal board) shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this ordinance.

(c)

Any person aggrieved by the decision of the Zoning Board of Adjustment (appeal board) or any taxpayer may appeal such decision to Superior Court, as provided in Chapter 7A of the North Carolina General Statutes.

(d)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(e)

In passing upon such applications, the Zoning Board of Adjustment (appeal board) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location where applicable;

(6)

The availability of alternative locations not subject to flooding or erosion damage, for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(f)

Upon consideration of the factors listed above and the purposes of this ordinance, the Zoning Board of Adjustment (appeal board) may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(g)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(h)

Conditions for variances:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

(2)

Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. Such notification shall be maintained with a record of all variance actions.

(4)

The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.