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.
How can Section 1316 help a local permit official faced with a subdivider who refuses to build houses in compliance with the floodplain regulations?
This section authorized FEMA to deny flood insurance to a property that is in violation of the floodplain management regulations.
Can a community grant a variance to allow a project in the floodway that will cause a 1/2 foot increase in flood heights?
A varience would not be needed if this is not a regulatory floodway as an increase up to one-foot above the BFE is allowed. If it is in a regulatory floodway, a varience would not be given.
Name two situations where special exceptions may be granted for a variance?
A special varience may be issued for Historic Buildings and functionally dependent uses if the variance is the minimum necessary to allow the project to move forward.
permit records should be kept systematically. Your system should be keyed so you can retrieve permit files by:
Geographic address, or map and parcel number
What are the advantages of using the FEMA Elevation Certificate as a record of building’s lowest floor elevation?
Required for CRS participation, used by insurance agents, and encourages communities to use the form to help limit cost to obtain flood insurance.
Can a surveyor sign a Floodproofing Certificate?
No, must be a registered professional engineer or architect
What is needed to support a No-rise certification?
Technical data showing the rise in BFE is no more than allowed (0 for regulatory and 1 foot in riverine floodway) based on same model used to develop floodway in the FIRM.
List the five types of ordinances that can be used to implement floodplain regulations
zoning ordinance, subdivision regulations, sanitary regulations, building codes and stand alone regulations
What are the most important components of the ordinance
The construction standards.
What floodplain elements must be included construction standards
building protection- elevation, floodproofing, anchoring
manufacture home specs,
floodzone specific specs
encroachment standards for the floodway and where floodways are not mapped
subdivision standards,
sewer and water standards
What are the 5 most basic duties of the floodplain regulation administrator
1) understand the regulations
2) ensure permits are applied for
3) ensure projects are built according to approved permits
4) Keep records
5) update flood data and maps
If physical changes in the floodplain are made that may impact flooding conditions, what must the administrator do?
Inform FEMA within 6 months of any physical changes that can affect flooding
If new flood data is provided by FEMA, what must the administrator do?
Within 6 months must update ordinance to adopt the data and regulatory requirements.
List 5 skills needed by a floodplain administrator
know NFIP requirements how to use maps and flood data, what permits are needed, how to deal with citizens and builders, how to review projects to know if they comply with standards
When is a permit required to build in a floodplain
almost any development related change to the floodplain, new construction, modification or improvements to existing structures, excavation, filing, paving, drilling, pile driving, mining, dredging, land clearing, grading and permanent storage of equipment or materials
Why does all development need to be regulated with t a permit?
regulation of all development in a floodplain is essential because fill and other material can obstruct flood flows just as structures can.
Can a community exempt municipal projects from floodplain regulations
No, neither local municipal or state or federal projects are exempt and must follow NFIP rules.
What executive order mandates that federal projects comply with NFIP
Executive order 11988
why are standardized forms a good tool for permit review.
Most efficient way to get all information that is essential to conducting an effective and thorough review of permit.,
List the 5 basic steps for floodplain admin to process a permit
1) verify floodplain location and check flood data
2) review application for completeness
3) review application for compliance
4) conduct constuction inspections
5) issue certificate of compliance
list 5 key elements to include on the application site plan
location and elevation of proposed structures setback lines topo floodway and floodplain boundaries base flood elevation
what additional elements should be included if project is in V zone?
show mean high tide line, and the boundary between A and V zones.
when does the applicant need to submit certified no-rise document with the permit application
floodway encroachment certification- if any part is in a designated floodway (no rise certificate for regulatory floodway and only 1 foot is riverine floodway.
what are other certified documents that may be needed?
floodproofed building -for non residential structure
Non-conversion agreement- if there is enclosure below the lowest floor
V-Zone construction certification to document elevated building design and breakaway walls.
when are additional as-built certifications needed above the initial filing.
As built certifications for flood proofing and V zone construction are needed in addition to verify that construction was completed according to original approved design
can municipality issue permit before all state and federal permits are in
yes, with condition that no construction may begin until all permits have been issued.
if after survey, a building is not in a SFHA even though it is mapped is a permit needed?
No, provided that all grading or clearing or bridge construction associated with the project is also outside the SFHA, t it is the owners responsibility to get a LORM. Otherwise if any development is in the SFHA it needs a permit.
what are essential elements in the design plans?
1) kind and potential use of structure
2) elevation of the lowest floor
3) type of foundation system
4) any enclosures below lowest floor, utility plans and locations of openings and materials used with enclosure
5) height to which non residential building is to be floodproofed.
what should you do if permit is deemed not in compliance?
applicant can withdraw, redesign and resubmit, appeal or ask for a variance. Administrator should state reasons for denial with specific instances of non-compliance.
When should it occur and what should be included in first inspection?
do before ground breaking to confirm location of project in relation to floodplain boundaries, setbacks and encroachment.
When should it occur and what should be included in second inspection?
do just before the installation of the lowest floor- based on the foundation type- to make sure that structure will be properly elevated, fill meets standards, and other aspects of building placement and design.
how does second inspection vary depending on foundation
if slab, 2nd inspection is when forms are placed, check at top of form
if elevated foundation, inspect when foundation completed
if building is to be flood-proofed- do when this part of construction is complete
how can elevations be checked?
have surveyors install reference mark, and use hand level, or have surveyor or engineer shoot the first survey
what should be covered under the third inspection?
obtain as-builts, no alterations, enclosures have adequate openings
what are names for final certificate of compliance?
certificate of completeness, occupancy permit or use permit.
How can enforcement be adequate, uniform and fair?
all development in the floodplain must have a permit, and all development with a permit must be built according to the approved plans.
What are enforcement steps?
voluntary compliance
administrative steps that include contacting owner by phone and in writing, posting violation on the door, issuing a stop order or withholding the occupancy permit.
What legal enforcemtn actions can be brought to bear?
Impose fines, record violation on property deed, impose injunction (stop order) or take owner to court.
How can Section 1316 help if project is in violation of the floodplain management regulations?
Section 1316 authorized FEMA to deny flood insurance to property that was declared in violation of regulations. This has serious economic consequences for the property, as it may impossible to sell, market value will fall, and cost of damage without insurance may be too great a risk and property abandoned.
Does NFIP include provisions for appeals, special uses or variances
NFIP only includes provisions for variences
what is a variance?
Community grants relief from the terms of land use, zoning or building code regulation. Based on property and not structure or inhabitants.
When should a variance be used.
May be granted if the physical characteristics are so unusual that complying with ordinance would create an exceptional hardship to applicant or surrounding property owners.
Where are variance guidelines in NFIP?
Guidelines designed to screen out situations in which alternatives other than a variance are appropriate in 44 CRF 60.6(a). If guidelines are followed, few situations will qualify for variance.
What are the 2 basic requirements for a variance?
Applicant must demonstrate good and sufficient cause and the applicant must prove unnecessary hardship.
what are examples of NOT good and sufficient causes
inconvenience, small decline in property value, looks, financial hardship, physical handicaps, personal preference or disapproval of neighbors.
What are the basic tenets of demonstrating hardship.
Reasons must be substantial, and proof compelling. The hardship must outweigh the long-term risk to the owners and occupants as well as community need to strictly enforce regulations that protect citizens from danger and damage.
when may a variance NOT be issued according to guidelines
If BFE increases in regulatory floodway.
what is basic rule in guidelines for when a variance can be issued?
new construction or substantial improvement on lot of one-half acre or less and surrounded by lots with existing structures constructed below BFE.
IN order to issue the variance what determination must be made?
granting the variance will not result in increased flood height, additional threat to public safety, extraordinary public expense, create nuisances or cause fraud on or victimization of the public or conflict with existing laws and ordinances.
What must the administrator provide to the applicant if a variance is granted.
In writing, notify the applicant that if a variance is granted to construct project below base flood level it will result in increased premiums as high as $25 per $100 of insurance coverage and the construction results in increased risk to life and property.
What can you say to applicant who claims that there is a hardship to provide sufficient elevated handicap access.
claimed hardship doesn’t pertain to property but is personal. Handicap person occupying a floodprone dwelling raises public safety concerns and creates extra demand on emergency service . Better to elevate so person can be safely evacuated, or remain at home safely above floodwaters.
Why must variance not create threat to public safety or cause nuisances?
guidelines recognize ordinance intended to protect health, safety and well-being and property of local citizens. A variance must not increase damage to other properties.
How can a variance cause fraud or victimization
If building is allowed below the BFE there is increased risk and damage from floods, future owners would be subject to cost, danger and suffering that increased flood damage may bring, and would also have to pay very high insurance rates.
How can administrator advise applicant to comply with the “minimum variation necessary” guideline?
issue variance for setback to get building out of floodway or SFHA rather than reduce elevation, require as much elevation as possible,
Why is it important that the applicant is very clear on the ramifications of increased flood insurance costs if a variance is granted?
variance from elevation requirements increases risk to a building which is reflected in higher annual insurance premiums
what is an unintended economic consequence of granting a variance?
The insurance rates may be so high that the owner cant afford it, if damaged they may abandon the property, leaving the community with a vacant flood damages and uninsurable building.
What are the 2 special conditions may variances be issued
reconstruction, rehab or restoration of historic building or functionally dependent use (structure must be close to water)
What conditions apply to the variance for historic structure.
Variance can be granted if it is minimum necessary to preserve the historic character and design of the structure. MUST be bonafide listed historic property or contributing building to a historic district. ENcourage all mitigation measures possible to reduce future flood damage, such as floodproofing or elevating utilities.
What conditions apply to the variance for functionally dependent uses.
must demonstrate good and sufficient causes for providing relief, will be the minimum necessary to provide relief and must not cause a fist in 100-year flood level in regulatory floodway. Encourage all mitigation measures such as wet-floodproofing, elevating mechanical equipment, use GFI, and offices above BFE. Also need emergency plan to remove contents before a flood.
What records must be kept to track variances?
keep record of all variances and reasons for granting them, as they are subject to review by FEMA or MEMA during a community assistance visit. Include copy of written notification to the applicant of increased insurance costs and increase in risk to life and property damages.
What records should be obtained as a papertrail in the event of administrative or legal proceeding related to development projects.
Keep permit file for each permit application organized by property address with all perinantapplications, data, certificates, inspections, and correspondence.
File should maintain official record that shows how high hew buildings and substantial improvements were elevated or floodproofed. Keep file on:
Elevation certificates
Floodproofing certificate
V Zone Certificate
No-rise certificate
What is a biennial report
Every 2 years, FEMA will send one page form to highest elected offical, must return w/in 30-days and report on changes to community elevations, amendments to ordinance, number of permits issued in floodplain and number of variances issued
