American Canyon Municipal Code Art. II General Provisions

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of American Canyon.

(A) The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 15, 1989, accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway (FBFMs), dated 1980 and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at 4381 Broadway, Suite 201, American Canyon, CA 94503 City Hall, or at 205 Wetlands Edge Road American Canyon, CA 94503, Department of Public Works.

(B) Base Flood Elevation changes due to physical alterations:

(1) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

(2) All LOMRs for flood control projects are approved prior to the issuance of building permit. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

Ord. 2016-08 § 1, 2016

Ord. 2001-13 §§ 1, 2, 2001

No structure or land shall thereafter be constructed, located, extended, converted or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

Ord. 2016-08 § 1, 2016

Ord. 2001-13 §§ 1, 2, 2001

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. The city of American Canyon may, at the discretion of its floodplain administrator, require prospective builders to prepare detailed studies of possible flood areas for areas outside the FIRM map area and impose reasonable building conditions as a result of the studies.

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(C) Deemed neither to limit nor repeal any other granted under state statutes.

Ord. 2016-08 § 1, 2016

Ord. 2001-13 §§ 1, 2, 2001

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city council, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

Ord. 2016-08 § 1, 2016

Ord. 2001-13 §§ 1, 2, 2001

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.