Sonoma Municipal Code Art. IV Permits for Floodplain Development

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the floodplain administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on conditional letters of map revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine a permit for floodplain development is required in addition to a building permit. (Ord. 11-2022 § 2, 2022).

The applicant shall file an application in writing on a form furnished by the floodplain administrator. The information provided shall:

A. Identify and describe the development to be covered by the permit.

B. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.

C. Indicate the use and occupancy for which the proposed development is intended.

D. Be accompanied by a site plan and construction documents as specified in Article V of this chapter, including grading, excavation and filling plans and other information deemed appropriate by the floodplain administrator.

E. State the valuation of the proposed work.

F. Be signed by the applicant or the applicant’s authorized agent.

G. Include such other data and information required by the floodplain administrator to demonstrate compliance with these regulations. (Ord. 11-2022 § 2, 2022).

The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. The floodplain administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations. (Ord. 11-2022 § 2, 2022).

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 those required by the 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. 11-2022 § 2, 2022).

Every permit issued shall become invalid after four years from the date of issuance. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a required inspection has been requested by the permittee and the required inspection of the work performed has been conducted by a city building inspector within 12 months after the issuance of the building permit. For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a city building inspector within a 12-month period after work has commenced. The floodplain administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, unless FEMA has issued notification of revision to the flood insurance rate study and flood insurance rate maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid. The extension shall be requested by the permittee in writing and justifiable cause demonstrated. (Ord. 11-2022 § 2, 2022).

The floodplain administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community. (Ord. 11-2022 § 2, 2022).

When it is alleged that there is an error in any decision or determination made by the floodplain administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the city council pursuant to the requirements contained in Chapter 1.24 SMC. (Ord. 03-2024 § 2(L), 2024; Ord. 11-2022 § 2, 2022).