Ordinance Administration Flashcards
Review MBTS floodplain ordinance
did this
Check other regulatory ordinance to see if there are any inconsistencies
A
What activities are exempt from MBTS under floodplain ordinance?
doesn’t specify
Does MBTS have a permit form that makes things like a floodway encroachment analysis or V Zone certification are not missed.
A
What five items need to be checked to ensure an application for a permit is complete?
Required set back lines, topography, existing and proposed structures with elevation, base flood elevation, all clearing, filling and grading changes proposed,
What departments or offices in MBTS should review a permit application before it is approved?
building, conservation, planning, engineering, health for local review
During permit review, the applicant site plan shows that the ground is currently higher than the BFE. Should you continue to treat this as a floodplain development permit?
No, but the applicant must notify FEMA and apply for a LOMR. If loan is needed, flood insurance will still be required.
What’s the best way to make sure that the applicants engineering certifications are sufficient?
Have the community engineer review the documents.
What are the key items you need to check when reviewing the plans for a new house to be built on piling in the V Zone?
location of V zones mean high tide and Zone V/Zone A boundary. BFE and zone boundaries should be shown if more than one zone on plan.
Match the list of proposed projects with the documents that will be needed in order to determie if the project should be bulit in the floodplain
a. new shopping center parking lot in the floodway
b. new house in the fringe
c. new buisiness in the v zone
d. reconstruction of a state highway bridge
e. new house built over a floodable, but enclosed garage,
A. floodplain development permit application
B. Site and’or building plan
C. floodway encroachment analysis
D. floodproofing certification
E. Non-conversion agreement
F. V zone certification
a-A, B, C b- A, B c-A, B, D, F d A, B, C e- A, B, E
When is the best time to make the first site inspection?
Before the ground is broken
When should you make the second inspection of a building on a slab foundation?
After the forms have been placed, check the elevation at the top of the forms.
What are your two options for making sure a new building is high enough before you allow construction to proceed after the second inspection?
Require a professional surveyor to provide foundation elevation, or establish a bench mark and use a level to confirm the foundation elevation.
What should you check for during the third inspection?
To make sure that the building has been completed as called for on the plans, that floor or foundation elevation has not been altered, obtain as-builts for elevation and floodproofing certification, verify enclosures below the lowest floors have adequate openings, utilities subject to flood damageare not below the lowest floor.
If a project meets all of the ordinance requirements and is built according to the approved plans, what does the owner get after the final inspection?
He gets a certificate of compliance, or certificate of occupancy
If FEMA staff person finds a project in violation of the FEMA NFIP requirements in your community, who is responsible for correcting the violations?
The property owner must correct the violations.
You discover that Mrs. Murphy has ordered five truckloads of fill to raise her back yard in the floodway. She never asked for a permit. What is the recommended first step to dealing with this situation?
try to reason with them to voluntarily comply starting the permitting process retroactively. If voluntary compliance doesn’t work you need to take administrative steps.
If a project is found underway in the floodplain, what is the first step you should take?
talk to the developer, then write a letter explaining the offence.
What legal recourses do you and your attorney have to bring a violation into compliance?
Impose fines, record the violation on the property deed, issue an injunction or “stop order”, take them to court
What are the NFIP procedures for submitting an appeal to your Board of Appeals?
There are no NFIP procedures for an appeal, only for variance.
Mr. Wilson wants to build a new house at grade instead of to the BFE, six feet above grade. You tell him he will need a variance. Which of the following are good and sufficient causes for granting him a variance?
a. an elevated house will look bad
b. Mrs. Wilson is old and has trouble with stairs
c. It will cost more money than the builder can afford
d. the builder has a contract with the bank to have it completed and sold in four months and changing plans will prevent meeting that deadline
e. no one has ever seen a flood on that site.
only good reason is E because it is site related and not a personal reason.
financial hardship, inconvenience, aesthetic considerations and physical handicaps do not qualify as an exceptional hardship.
Mr. Wilson is applying for a variance to build his house below the BFW. What 2 things must you tell him in writing?
That he will be subject to higher flood insurance cost as much as $25 per $100 of insurance coverage and that the construction method increases risk to life and property
Why should you keep permit records?
It is a requirement to make sure that a community is in compliance with NFIP and if you allow any variances below BFE, you need to keep ground floor elevation record in case of future violation issues.
What records should be kept in your permit file?
File for each permit application- forms and attachments, flood and floodway data, engineering analysis, special engineering designs, certifications, variances, records of inspection as built documents, certification of occupancy.
Who is responsible for ensuring that the elevation certificate is completed correctly?
The local permit official is responsible
What are the four situations when a record of an engineer’s or surveyor’s certification is needed?
Floodway encroachment, flood proofed buildings, enclosures below the lowest floor, and V-zone consturction
A property has been annexed from the county into your city, but the FIRM has not been revised to reflect the annexation. What is the NFIP community number that is recorded in Item 1, Section B of the FEMA Elevation Certificate.
Use the NFIP municipalities ID number
Is a V Zone Certification needed for a residential building
yes
Where do you get a Biennial Report to send in to FEMA?
The one page form is sent to the highest elected official in the community.
Does your community have formal written permit review permit review procedures to ensure that a development proposal is properly reviewed and inspected?
yes
What are the four situations where a certification will be needed before a floodplain development permit can be issue?
Floodway encroachment, floodproofing a building, enclosure below the lowest floor and V zone construction
A development plan proposes to fill ard re-grade an area of the fringe to give most of the lots building sites that are above the BFE. The developer says , “Then we won’t have the banks telling people my subdivision is in the floodplain”. What do you tell the developer?
That the land will still be considered in the floodplain and floodplain regulations will apply until a LOMR is submitted and approved.
What are the key items you need to check when reviewing the plans for a new house to be built on a slab foundation on fill in the fringe?
fill and compaction plans are adequate, there is a no-rise certificate based on engineering analysis, type of foundation system, professional survey of topo and BFE inlcuded on plan.
You deny an application to build a house in the floodplain because the plans show a proposed basement 6” below the BFE. What recourse does the applicant have now?
Applicant can elevate the basement with fill, use a slab foundation or request a variance.
What should you check for during the first site inspection?
with site all staked out, check out the floodplain location, setbacks and channel banks, floodway encroachments
When should you make the second inspection for a building to be elevated on a crawlspace or columns?
check the elevation after the foundation is completed to make sure it is high enough.
If you use a level to verify the elevation of a building during the second inspection, will the builder still need to provide an as-built elevation certificate.
Yes, the builder needs a professional surveyor for the as-built elevation certificate.
When is the best time to see if a crawlspace has adequate openings?
As part of the final inspection
During the second inspection, you find that the builder wants to build the lowest floor three feet below the BFE in order to save on construction costs. What repercussions would the owner face if the community issued a certificate of occupancy for the building and did not pursue any enforcement action?
The owner would pay substantially higher flood insurance rates, or may be denied coverage under Section 1316 and the property would be at risk from flooding and the owner not protected from losses if flooding were to occur.
if the third inspection reveals that the builder of an apartment house has made a change to the structure that results in a major violation of your floodplain regulations, what can you do?
You must enforce the regulation by first asking for voluntary compliance and then take administrative steps to correct the violation.
