Shafter Municipal Code Art. II Administration

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) established in Section 15.44.080. Application for a development permit shall be made on forms furnished by the City of Shafter. 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 Section 15.44.080 and 15.44.190;

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 flood proofed, as required in Section 15.44.270.C of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential flood proofing criteria in Section 15.44.270.C.

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.44.270.D of this ordinance 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 15.44.210 of this ordinance.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

Subject to approval by the City Council, 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 Engineering and Survey Services Department in administering and enforcing this title.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The Building Official or authorized designee agent acting in the official's behalf is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 15.44.180 through 15.44.230, including completing and submitting a Biennial Report to FEMA and assuring community's General Plan is consistent with the floodplain management objectives herein.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

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 15.44.040 have been obtained;

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

D. The proposed development does not adversely affect the carrying capacity of the special flood hazard area. For purposes of this chapter, in areas where Floodways have not been designated, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point. See also Section 15.44.320 (Floodways).

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

When base flood elevation data has not been provided in accordance with Section 15.44.080, 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. 743, § 1(Exh. A), 12-6-2022)

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. Base Flood Elevation changes due to physical alterations:

1. 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).

2. All LOMR's 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 (CLOMR's). Approved CLOMR's 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.

C. 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.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

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

A. The certification required in Section 15.44.270(A) (floor elevations);

B. The certification required in Section 15.44.270(B) (elevations in areas of shallow flooding);

C. The certification required in Section 15.44.270(C) (elevation or flood proofing of nonresidential structures);

D. The certification required in Section 15.44.270(D) (wet flood proofing standard);

E. The certification required in Section 15.44.290(B) (subdivision standards);

F. The certification required in Section 15.44.320(A) (floodway encroachments);

G. The certification required in Section 15.44.330(A) (high hazard areas);

H. The reports required in Section 15.44.340 (mudslide areas).

I. The information required in Section 15.44.350 (flood-related erosion hazard areas).

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

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 (ie., 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. 743, § 1(Exh. A), 12-6-2022)

Take action to remedy violations of this chapter as specified in Section 15.44.090 herein.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)