Imperial County Municipal Code Ch. 4 Administration

Footnotes:

--- (34) ---

Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 4, which pertained to the same subject matter, consisted of §§ 91604.00—91604.03, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

A development permit shall be obtained before construction or development begins within any area of special flood hazards or areas of mudslide (i.e., mudflow) established in Section 91603.01. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of 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-foot or smaller intervals along the foundation footprint, or one-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; and

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

1. Proposed elevation in relation to 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 Section 91605.00.C.3 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 percent (95%) using the Standard Proctor Test method); and

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed, as required in Section 91605.00.C.2 and FEMA Technical Bulletin TB 3-93; and

D. All appropriate certifications listed in Section 91604.02.D; and

E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

The Building Official is hereby appointed to administer and implement this division by granting or denying development permits in accordance with its provisions.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

A. Permit Review.

1. Review all development permits to determine that the permit requirements of this ordinance have seen satisfied.

2. All other required state and federal permits have been obtained.

3. The site is reasonably safe from flooding.

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a flood way has not been designated. For purposes of this ordinance, "adversely affects" 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 foot at any point.

B. Use of the Other Base Flood Data.

1. Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the floodplain administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

2. When base flood elevations data has not been provided in accordance with Section 91603.01 the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer this ordinance. Any such information shall be submitted to the board of supervisors for adoption; or

3. If no base flood elevation data is available from a federal or state agency, or other source, then 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 this ordinance:

a. Simplified Method.

i. One hundred-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

ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

b. Detailed Method.

i. One hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RA S computer program.

4. Pursuant to 44 CFR 60.3(b)(3) requirement of: "Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data."

5. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

C. Notification of other agencies whenever a watercourse is to be altered or relocated:

1. Notify adjacent communities and the California Department of Water Resources prior to such 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.

D. Determination of Floodplain Development. Obtain and maintain for public inspection and make available as needed documentation of floodplain development:

1. The certification required in Section 91605.00(C) and 91605.03 (lowest floor elevation).

2. Certification required by Section 91605.00(C) (elevation or floodproofing of nonresidential structures),

3. The certification required in Section 91605.00(C)(3) (wet floodproofing standard).

4. The certification elevation required in Section 91605.02(B) (subdivision standards).

5. The certification required in Section 91605.06(A) (floodway encroachment).

6. Reports required by Section 91605.07(C) (mudflow standards).

E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, or areas of mudslide (i.e., mudflow). 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 of 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 for in Chapter 6 below.

F. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 91603.02 herein.

G. Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within one hundred eighty (180) days after its issuance, or when the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The floodplain administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each unless FEM A has issued notification of revision to the flood insurance rate study and flood insurance rate maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

H. Suspension or Revocation. The floodplain administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.

(Ord. No. 1565, §§ 13, 14, 12-15-20; Ord. No. 1576, §§ 25, 26, 2-8-22)

The Board of Supervisors of the county of Imperial shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator and/or the Building Board of Appeals in the enforcement or administration of this division.

(Ord. No. 1565, §§ 13, 14, 12-15-20)