Santa Clara Municipal Code Art. III Duties and Powers of the Floodplain Administrator

The Community Development Director is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees. Where Appendix G refers to the Building Official, each such reference shall refer to the Floodplain Administrator. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of Appendix G.

(Ord. 2060 § 2, 6-6-2023)

The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Appendix G.

(Ord. 2060 § 2, 6-6-2023)

The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the Building Code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to SCCC § 15.45.190.

(Ord. 2060 § 2, 6-6-2023)

The duties of the Floodplain Administrator shall include but are not limited to:

(a) Review all permit applications to determine whether proposed development is located in flood hazard areas established in SCCC § 15.45.120.

(b) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

(c) Interpret flood hazard area boundaries, provide available flood elevation and flood hazard information.

(d) Determine whether additional flood hazard data shall be obtained or developed.

(e) Review all applications and plans for development in flood hazard areas for compliance with these regulations.

(f) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobilehome Installations when submitted by applicants.

(g) Review, in conjunction with the Building Official, required certifications and documentation specified by these regulations and the Building Code to determine that such certifications and documentations are complete.

(h) Establish, in coordination with the Building Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to SCCC § 15.45.190.

(i) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

(j) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Building Code, to determine whether such requests require consideration as a variance pursuant to Appendix G.

(k) 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 propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

(l) Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

(m) Inspect development within the scope of Appendix G and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

(n) Prepare comments and recommendations for consideration when applicants seek variances in accordance with Appendix G.

(o) Cite violations.

(p) Notify the Federal Emergency Management Agency when the corporate boundaries of City of Santa Clara have been modified.

(Ord. 2060 § 2, 6-6-2023)

The applicant shall obtain all other required State and Federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:

(a) Reserved.

(b) California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(Ord. 2060 § 2, 6-6-2023)

For applications for building permits to improve buildings and structures, including alterations, movement, 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:

(a) Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value 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.

(b) 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, where applicable, to the market value of the building or structure.

(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(d) 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. 2060 § 2, 6-6-2023)

In addition to the requirements of the Building Code and Appendix G, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Building Codes, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Building Codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Building Codes.

(Ord. 2060 § 2, 6-6-2023)