§ 45-3113. Administration.

(a)

Designation of the floodplain administrator. City manager, is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator, unless the city manager, in writing, appoints a floodplain administrator. The floodplain administrator may:

(1)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(2)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(b)

Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include but are not limited to:

(1)

Review applications for permits to determine whether proposed activities will be located in flood hazard areas.

(2)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(3)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(4)

Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one-hundred-year frequency floodplain of free flowing nontidal waters of the state.

(5)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE) and have submitted copies of such notifications to FEMA.

(6)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(7)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

(8)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(9)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the city of Newport News, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(10)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

a.

Flood insurance studies, Flood insurance rate maps (including historic studies and maps and current effective studies and maps) and letters of map change; and

b.

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(11)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(12)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(13)

Administer the requirements related to proposed work on existing buildings:

a.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

b.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(14)

Undertake, as determined appropriate by the floodplain administrator, due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(15)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Newport News have been modified and:

a.

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

b.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this division prepare amendments to this division to adopt the FIRM and appropriate requirements, and submit the amendments to City Council for adoption; such adoption shall take place at the same time or prior to the date of annexation and a copy of the amended division shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(16)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(17)

It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the City of Newport News, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(c)

Use and interpretation of FIRMs. The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that ground elevations:

a.

Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of this division;

b.

Are above the base flood elevation, the area shall be regarded as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(2)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(3)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(4)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(5)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

a.

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

b.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 1.5(C) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

c.

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(d)

Jurisdictional boundary changes. All plats or maps of annexation shall show the floodplain boundaries, base flood elevation, and location of the floodway where determined.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this division, the floodplain administrator, with the assistance of the city attorney, will prepare amendments to this division to adopt the FIRM and appropriate requirements, and submit the amendments to the City Council for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended division shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), the city must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all flood insurance rate maps accurately represent the city's boundaries, a copy of a map of Newport News suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(e)

District boundary changes. The delineation of any of the floodplain districts may be revised by the city of Newport News where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

(f)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(g)

Submitting technical data. The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the city shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(h)

Letters of map revision. When development in the floodplain causes a change in the base flood elevation, the applicant must notify FEMA by applying for a conditional letter of map revision or a letter of map revision.

Examples:

•Any development that causes a rise in the base flood elevations within the floodway.

•Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one (1) foot in the base flood elevation.

•Alteration or relocation of a stream (including but not limited to installing culverts and bridges, as required by 44 C.F.R. § 65.3 and §65.6(a)(12).

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)