Article 4 — Administration and Permitting

5604-1 - Designation of the floodplain administrator.

The Director is hereby designated the Floodplain Administrator. As such, the Director shall administer, implement, and enforce this Chapter and the County's commitments and responsibilities under Code of Federal Regulations, Title 44, Part 59, Subpart B to obtain and maintain the County's eligibility for the National Flood Insurance Program. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, those enumerated in Section 5604-2.

(Ord. No. 4521, § 4.1, 3-27-2018)

5604-2 - Duties and responsibilities of the floodplain administrator.

(a)

Issuance of Floodplain Development Permits. The Floodplain Administrator shall review applications for floodplain development permits required by Section 5604-3. The Floodplain Administrator shall issue a floodplain development permit if the Floodplain Administrator determines the application and development described in the application conform to the standards and requirements of this Chapter, including the following:

(1)

Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(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 not increase the water surface elevation of the base flood more than one (1) foot at any point within the unincorporated area of Ventura County;

(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; and

(6)

All applicable fees have been paid.

(b)

Development of Substantial Improvement and Substantial Damage Procedures.

(1)

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," the Floodplain Administrator shall develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include determining "market value." Market value shall be determined through the use of appraisals and brokers' opinion letters as prepared by California licensed land appraisers and real estate brokers, respectively.

(2)

The Floodplain Administrator shall assure procedures are coordinated with other County departments/divisions and implemented by County staff.

(c)

Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 5603-2, the Floodplain Administrator shall obtain, review, and reasonably utilize any best available base flood elevation and floodway data from a federal or state agency, or other source, in order to administer Article 5. Any such information shall be submitted by the applicant to the County for consideration.

NOTE: A base flood elevation shall be obtained using one (1) of two (2) 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.

(d)

Notification of Other Agencies.

(1)

Alteration or relocation of a watercourse. The Floodplain Administrator shall:

a.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and

c.

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

(2)

Base flood elevation changes due to physical alterations. The Floodplain Administrator shall:

a.

Within six (6) months of information becoming available or project completion, whichever occurs first, submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b.

Confirm that 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.

(3)

Changes in corporate boundaries. The Floodplain Administrator shall 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 County clearly delineating the new corporate limits.

(4)

The Floodplain Administrator or his or her designated representatives shall participate regularly in Community Assistance Visitations conducted by the Federal Emergency Management Agency, to address floodplain development projects.

(e)

Documentation of Floodplain Development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed the following:

(1)

Certification required by Section 5605-1(c)(1) and Section 5605-4 (lowest floor elevations);

(2)

Certification required by Section 5605-1(c)(2) (elevation or floodproofing of nonresidential structures);

(3)

Certification required by Sections 5605-1(c)(3) (wet floodproofing standard);

(4)

Certification of elevation required by Section 5605-3(a)(3) (subdivisions and other proposed development standards);

(5)

Certification required by Section 5605-6(b) (floodway encroachments);

(6)

Information required by Section 5605-7(f) (coastal construction standards); and

(7)

Records of all variance actions, including justification for their issuance, which the Floodplain Administrator shall report in the biennial report submitted to the Federal Emergency Management Agency.

(f)

Map Determination. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary may appeal that determination as provided in Section 5604-4.

(g)

Remedial Action. The Floodplain Administrator shall take action to remedy violations of this Chapter as specified in Section 5603-3.

(h)

Biennial Report. The Floodplain Administrator shall complete and submit biennial report to FEMA.

(i)

Planning. The Floodplain Administrator shall assure the County's General Plan is consistent with floodplain management objectives herein.

(j)

Non-conversion of Enclosed Areas Below the Lowest Floor. 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 this Chapter, 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 (5) feet or higher;

(2)

On behalf of the County, enter into a "Non-Conversion Agreement for Construction Within Flood Hazard Areas" or equivalent with the owner of the property upon which the structure is located. The agreement shall be recorded with the County Recorder as a deed restriction. The 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 (72) hours.

(Ord. No. 4521, § 4.2, 3-27-2018)

5604-3 - Floodplain development permit required.

A floodplain development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 5603-2. Application for a floodplain development permit shall be made on forms furnished by the Floodplain Administrator. 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 5603-2 or Section 5604-2(c);

(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 floodproofed, as required in Section 5605-1(c)(2) of this Chapter and detailed in FEMA Technical Bulletin TB 3-93.

(b)

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 5605-1(c)(2).

(c)

For a crawl-space foundation, location and total net area of foundation openings as required in Section 5605-1(c)(3) of this Chapter and detailed in FEMA Technical Bulletins TB 1-93 and TB 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 5604-2(e) of this Chapter.

(Ord. No. 4521, § 4.3, 3-27-2018)

5604-3.1 - Commencement of work/permit expiration.

A floodplain development permit shall expire if the permittee fails to commence the work authorized by the permit within one hundred eighty (180) calendar days from the date of issuance of the permit. Upon payment of any applicable renewal fee and within thirty (30) days of expiration, the Floodplain Administrator may, in the Floodplain Administrator's sole discretion, renew a permit which has expired by reason of non-commencement of work one (1) time for a 180-day period.

(Ord. No. 4521, § 4.3.1, 3-27-2018)

5604-4 - Appeals.

Any person aggrevied by a decision of the Floodplain Administrator issuing or denying a floodplain development permit or determining the exact location of the boundaries of the areas of special flood hazards under Section 5604-2(f) may appeal that decision to the County Board of Supervisors. Appeals shall be filed with the Director in such form as he or she may prescribe within thirty (30) days of such decision. Appeals shall be accompanied by payment of all applicable fees.

(Ord. No. 4521, § 4.4, 3-27-2018)