San Anselmo Municipal Code Art. 7 Flood Gates

The Town has experienced flooding in the special flood hazard area, which has impacted commercial and residential properties. In many instances, installation of flood gates can prevent or reduce the impacts of flooding, by providing a barrier to rising flood waters. The Town Council adopts this ordinance requiring the use of flood gates on commercial buildings within the special flood hazard area in an effort to decrease the effects of flooding for these properties.

(Ord. No. Ord. No. 1139, § 2, 10-22-2019)

(a) Commercial properties located in a Special Flood Hazard Area (SFHA), as defined under Section 7-11.201, shall install flood gates in compliance with the specifications provided by the Floodplain Administrator in accordance with subsection D.

(1) If not permanently installed, flood gates shall be installed immediately after forecasts of heavy precipitation and/or after the Town has declared the possibility for potential flooding conditions. The flood gates shall remain installed until the threat of flooding has ceased. The flood gates shall be designed to prevent flooding up to six (6) inches above the latest Flood Insurance Rate Map (FIRM) base flood elevation (BFE).

(2) Flood gates shall be stored on site within every commercial property that is located within a SFHA. Floodgates shall be kept in working order, free from damage that prevents their use. Removable flood gates shall contain the following information in at least two-inch high red letters:

a. "Flood Gate -Do Not Discard"; and

b. The location of the opening that the flood gate protects (e.g. "front door"); and

c. The property address for which the flood gate will be used.

(3) Property and business owners shall register their email with the Town. Shall an emergency occur, the Town will send out flood and other important information.

(b) Commercial properties located in a SFHA shall maintain a flood gate plan on-site and on record at the Town. The plan shall include the storage location for flood gates and directions for the installation of the flood gates. All persons employed to work in a commercial property located within a SFHA shall be trained on how to install these devices and be familiar with the flood gate plan. The plan shall require business owners and employees to practice installation of the flood gates in October of each calendar year. The Floodplain Administrator, as defined by San Anselmo Municipal Code Section 7-11.401, or her/his designee, shall review and approve the flood gate plans required by this section.

(c) When a change of use occurs for any commercial property located within a SFHA, a flood gate plan shall be provided by the owner of the property to the operator of the new business or new lessee. If the new use requires a conditional use permit or an amendment to an existing conditional use permit, the flood gate plan shall be included with the application.

(d) The Floodplain Administrator shall provide, and from time-to-time may revise and update, suitable design guidelines and details showing the methods, materials and installation of the flood gates required by this section. The flood gate guidelines shall be made available on the Town of San Anselmo's website and shall be provided in print to commercial property owners in a SFHA.

(e) The Floodplain Administrator or her/his designee shall inspect commercial businesses that are subject to this ordinance at least one (1) time per year to ensure compliance with this article.

(Ord. No. Ord. No. 1139, § 2, 10-22-2019)

Any property or business owner may seek exemption from the flood gate requirements on the basis of an inspection by the Town and approval by the Floodplain Administrator or her/his designee.

(Ord. No. Ord. No. 1139, § 2, 10-22-2019)

(a) Any violation of the provisions of this chapter is hereby declared a public nuisance and shall be subject to abatement as provided by law.

(b) Any person violating any provision of this article shall be deemed guilty of an infraction and shall be subject to penalties pursuant to Section 36900 of the California Government Code, as amended, and Title 1, Chapter 2 of the San Anselmo Municipal Code.

(c) Each and every day that any violation of this article continues, is committed or is permitted to continue shall be regarded as a new and separate offense.

(d) The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. Ord. No. 1139, § 2, 10-22-2019)