Moraga Municipal Code Art. 2 Administration

The town engineer is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 214 § 1 (part), 2007)

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

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

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 floodway has not been designated. This 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 within the town of Moraga; and

5. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. 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.

B. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.108.050, 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 Article 3.

Note: A base flood elevation shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

C. Notification of Other Agencies.

1. Alteration or relocation of a watercourse:

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

b. Submit evidence of such notification to the Federal Emergency Management Agency; and

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

2. Base flood elevation changes due to physical alterations:

a. 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).

b. All LOMRs for flood control projects are approved prior to the issuance of building permits. 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.

3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 8.108.120(C) and Section 8.108.140 (lowest floor elevations);

2. Certification required by Section 8.108.120(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 8.108.120(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 8.108.140(A)(3) (subdivisions and other proposed development standards);

5. Certification required by Section 8.108.170(B) (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

E. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 Section 8.108.110.

F. Remedial Action. Take action to remedy violations of this chapter as specified in Section 8.108.040.

G. Biennial Report. Complete and submit biennial report to FEMA.

H. Planning. Assure community's general plan is consistent with floodplain management objectives herein.

I. Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:

1. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

2. Require a "Non-conversion agreement for construction within flood hazard areas" from applicants that have enclosed areas below the lowest floor. The agreement between the applicant and the town of Moraga shall be recorded with the Contra Costa County recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the floodplain administrator and the town attorney; and

3. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least seventy-two (72) hours.

(Ord. 214 § 1 (part), 2007)

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 8.108.030. Application for a development permit shall be made on forms furnished by the town of Moraga. The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2. Proposed locations of water supply, sanitary sewer, and other utilities;

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Sections 8.108.030 or 8.108.090(B);

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

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 8.108.120(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 8.108.120(C)(2).

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 8.108.120(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

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

E. All appropriate certifications listed in Section 8.108.090(D) of this chapter.

(Ord. 214 § 1 (part), 2007)

The town council of the town of Moraga shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. A decision of the floodplain administrator is not final until the time for appeal expires. The time for appeal is within ten (10) calendar days after the date of the decision. An appeal shall be filed in writing to the town clerk.

(Ord. 214 § 1 (part), 2007)