Danville Municipal Code Div. 3 Administration

A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in subsection 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation for the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a. Site plan, including, but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and

• 2. Proposed locations of water supply, sanitary sewer, and utilities; and
• 3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and
• 4. If applicable, the location of the regulatory floodway;

b. Foundation design detail, including, but not limited to:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

2. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of this section and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95%) percent using the Standard Proctor Test method);

c. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and

d. All appropriate certifications listed in 32-117.23.e of this section; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2)

The Development Services Director is appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions. (Ord. #133, §8-4822; Ord. #2002-02, §2)

The duties and responsibilities of the Development Services Director include, but are not limited to, the following:

a. Development Permit Review. The Development Services Director shall review all development permits to determine that:

• 1. The permit requirements of this section are satisfied;
• 2. All other required State and Federal permits have been obtained;
• 3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this section, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point.

b. Use of Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection 32-117.12, Basis for Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer Division 4 of this section. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or

c. If no base flood elevation data is available a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Division 4:

1. Simplified method:

(a) One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge drainage area method; and

(b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

2. Detailed method:

(a) One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corp of Engineers' HEC-HMS computer program; and

(b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

d. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

e. Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following:

1. The certification required in section 32-117.34.a and Section 32-117.38 (flood elevations);

2. The floodproofing certification required in section 32-117.34.b (elevation or floodproofing of nonresidential structures);

3. The certification required in section 32-117.34.c.1 or 32-117.34.c.2 (wet floodproofing standard);

4. The certification required in section 32-117.37.b (subdivision standards);

5. The certification required in section 32-117.39.a (floodway encroachments).

f. Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall:

1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

g. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries or the special flood hazard area). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 5 of this section.

h. Remedy Violations. The Development Services Director shall take action to remedy violations of this section as specified in subsection 32-117.13.

i. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this section. (Ord. #133, §8-4823; Ord. #2002-02, §2)

32-117.24—32-117.30 Reserved.