Trinity County Municipal Code Art. VI Administration

A floodplain development permit shall be obtained before construction or development begins within areas zoned FH or FHO, as established in Articles II and III. Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator that may require, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; the location of the foregoing, and other information specified by the floodplain administrator. Specifically, the following information is required:

A. A site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;

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

3. The base flood elevation from the flood insurance study and/or flood insurance rate map; and

4. If applicable, the location of the regulatory floodway.

B. Foundation design detail, including but not limited to:

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

2. For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.29B.130(C)(3) of this chapter and FEMA Technical Bulletins TB 1-93 and TB 7-93; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).

C. The proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section 17.29B.130(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93.

D. All appropriate certifications listed in Section 17.29B.240(D) of this chapter.

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

(Ord. No. 315-776A, § 1, 10-20-09)

The planning director is hereby appointed to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.

A planning commissioner, county supervisor or the floodplain administrator, may at his or her discretion, refer the permit to the planning commission for a public hearing and approval.

(Ord. No. 315-776A, § 1, 10-20-09)

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

A. Review all development permits to determine that:

1. The permit requirements of this chapter have been satisfied.

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 increase the water surface elevation of the base flood more than one foot at any point within the County of Trinity.

5. All letters of map revision (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.

6. The proposed development does not limit the ability to flush sediment through the Trinity River by the use of controlled water releases from Lewiston Dam.

7. The proposed development does not adversely impact fish or wildlife resources associated with riparian vegetation within an area of special flood hazards.

B. Review and use of other base flood data:

1. When base flood elevation data has not been provided in accordance with Section 17.29B.160, 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 III. Any such information shall be submitted to the board of supervisors for adoption; or

2. If no base flood elevation data is available from a federal or state agency or other source, then 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. Whenever a watercourse is to be altered or relocated:

1. Notify adjacent communities, the California Department of Fish and Game, the Army Corps of Engineers, the North Coast Regional Water Quality Control Board and the California Department of Water Resources prior to such alteration or relocation of a watercourse;

2. Submit evidence of such notification to the Federal Insurance Administration, and Federal Emergency Management Agency; and

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

D. Whenever the 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.

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

1. The certification required in Section 17.29B.130(C)(1), 17.29B.130(E)(3) (lowest floor).

2. The certification required in Section 17.29B.130(C)(2)(c) (elevation, or flood proofing of nonresidential structures).

3. The certification required in Section 17.29B.130(C)(3) (wet flood proofing standard).

4. The certification required in Section 17.29B.090(A) and 17.29B.130(D) (floodplain/floodway encroachments)

5. The certification required in Section 17.29B.140(B) (subdivision standards).

6. The certification required in Section 17.29B.070(A), (construction or replacement of bridges, culverts, roadways, bank slope protection devices and levees, and fisheries or wildlife habitat improvement projects).

F. Make interpretations, where needed, as to the location of the boundaries of the area of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VII.

G. Take action to remedy violations of this chapter as specified in Section 17.29B.170 herein.

H. 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. Enter into a "Non-Conversion Agreement for Construction within Flood Hazard Areas" with Trinity County. The agreement shall be recorded with the Trinity County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the floodplain administrator and county counsel; 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 hours.

(Ord. No. 315-776A, § 1, 10-20-09)

Floodplain development permits issued pursuant to the provision of this chapter shall comply with the provisions of the California Environmental Quality Act as set forth in Title 18 of the Trinity County Code.

(Ord. No. 315-776A, § 1, 10-20-09)