Kern County Municipal Code Art. II Administration

A development permit shall be obtained before any construction or other development begins within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) established in Section 17.48.080. 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 elevation 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. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; in areas of shallow flooding, the elevation of highest adjacent upstream grade and proposed elevation of lowest floor of all structures;

B. Proposed elevation in relation to mean sea level to which any structure will be flood proofed;

C. All appropriate certifications listed in Section 17.48.210 of this chapter; and

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

(Ord. No. G-9359, § 17, 11-4-25)

Subject to approval by the Board of Supervisors, the floodplain administrator may adopt and charge a reasonable schedule of fees for flood hazard evaluations, flood hazard evaluation updates, certification of elevation, variance to flood requirement, appeal to higher authority, and for the performance of special services by the public works department in administering and enforcing this title.

(Ord. No. G-9359, § 17, 11-4-25)

The director of the public works department or authorized designee agent acting in the director's behalf is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(Ord. No. G-9359, § 17, 11-4-25)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 17.48.180 through 17.48.230.

(Ord. No. G-9359, § 17, 11-4-25)

A. Review of all permits to determine that the permit requirements of this chapter have been satisfied;

B. All other state and federal permits required to fulfill the purpose of Section 17.48.040 have been obtained;

C. The site, subdivision or other proposed new development is reasonably safe from flooding; and

D. For development activities proposed to be located in a special flood hazard area (SFHA) where base flood elevations are included in the Flood Insurance Study or on the Flood Insurance Rate Map (FIRM) but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point with in the community. See also Section 17.48.320 (Floodways).

E. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(Ord. No. G-9359, § 17, 11-4-25)

Development within a special flood hazard area where a development permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

A. The floodplain administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a building permit for development in a SFHA under these regulations. The floodplain administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

B. The floodplain administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a development permit in a SFHA under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in these regulations the floodplain administrator shall inspect the installation or have the installation inspected.

C. The building official shall make or cause to be made, inspections for buildings and structures in SFHA authorized by a building permit, in accordance with the building code:

1. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the lowest floor elevation shall be provided in accordance with the Kern County Residential Code or the Kern County Building Code. The certification of elevation shall be prepared by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

2. Upon completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

(Ord. No. G-9359, § 17, 11-4-25)

When base flood elevation data has not been provided in accordance with Section 17.48.080, the floodplain administrator 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 Article III. Any such information shall be subject to review and approval by the floodplain administrator.

(Ord. No. G-9359, § 17, 11-4-25)

Whenever a watercourse is to be altered or relocated:

A. 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 of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

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

B. Require technical or scientific data to be submitted to FEMA within six (6) months of the date the information becomes available when base flood elevations change due to physical alterations of the special flood hazard area.

(Ord. No. G-9359, § 17, 11-4-25)

Obtain and maintain for public inspection and make available as needed:

A. The certification required in Section 17.48.270(A) (floor elevations);

B. The certification required in Section 17.48.270(B) (elevations in areas of shallow flooding);

C. The certification required in Section 17.48.270(C) (elevation or flood proofing of nonresidential structures);

D. The certification required in Section 17.48.270(D) (wet flood proofing standard);

E. The certification required in Section 17.48.290(B) (subdivision standards);

F. The certification required in Section 17.48. 320(A) (floodway encroachments);

G. The certification required in Section 17.48.330(A) (high hazard areas);

H. The reports required in Section 17.48.340 (mudslide areas).

I. The information required in Section 17.48.350 (flood-related erosion hazard areas).

(Ord. No. G-9359, § 17, 11-4-25)

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow); (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V.

(Ord. No. G-9359, § 17, 11-4-25)

Take action to remedy violations of this chapter as specified in Section 17.48.090 herein.

(Ord. No. G-9359, § 17, 11-4-25)