Chapter 34 FLOOD MANAGEMENT*
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*Cross references: Buildings and building regulations, ch. 14; health and sanitation, ch. 38; manufactured homes, mobile homes, and trailers, ch. 58; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; utilities, ch. 110; zoning, ch. 122.
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Article I. In General
Secs. 34-1--34-30. Reserved.
Article II. Flood Insurance Program
Sec. 34-31. Introduction.
Sec. 34-32. Adoption of study and map delineating special hazard areas and base flood elevation data.
Sec. 34-33. Development permit.
Sec. 34-34. Standards of construction.
Sec. 34-35. Other measures.
Sec. 34-36. Appeals and requests for map amendments.
Sec. 34-37. Pine and Galindo Creek floodway regulations.
Sec. 34-38. Violations; penalties.
ARTICLE I. IN GENERAL
Secs. 34-1--34-30. Reserved.
ARTICLE II. FLOOD INSURANCE PROGRAM
Sec. 34-31. Introduction.
(a) Purpose and intent. The Federal National Flood Insurance Act of 1968 allows persons in floodplain areas of a community to purchase flood insurance at reduced rates. In order for such rates to be available within a community, the community must make provision for regulating development and land uses in accordance with applicable federal requirements. The purpose and intent of this article is to identify special hazard areas in the city which are prone to flooding and to impose requirements on development and uses within such areas in accordance with applicable federal requirements.
(Code 1965, § 9130; Ord. No. 893; Ord. No. 1080; Ord. No. 84- 14)
(b) Definitions.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article.
(Code 1965, § 9130; Ord. No. 95-11)
Area of special flood hazard: See Special flood hazard area.
(Code 1965, § 9130; Ord. No. 95-11)
Base flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Base flood" is the term used throughout this article.
(Code 1965, § 9130; Ord. No. 95-11)
Basement means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
(Code 1965, § 9130; Ord. No. 95-11)
Building: See Structure.
(Code 1965, § 9130; Ord. No. 95-11)
Development means any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(Code 1965, § 9130; Ord. No. 95-11)
Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
(Code 1965, § 9130; Ord. No. 95-11)
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(Code 1965, § 9130; Ord. No. 95-11)
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(Code 1965, § 9130; Ord. No. 95-11)
Flood, flooding, or floodwater means:
(Code 1965, § 9130; Ord. No. 95-11)
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows); and
(Code 1965, § 9130; Ord. No. 95-11)
(2) The condition resulting from flood-related erosion.
(Code 1965, § 9130; Ord. No. 95-11)
Flood boundary and floodway map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
(Code 1965, § 9130; Ord. No. 95-11)
Flood hazard boundary map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
(Code 1965, § 9130; Ord. No. 95-11)
Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(Code 1965, § 9130; Ord. No. 95-11)
Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.
(Code 1965, § 9130; Ord. No. 95-11)
Floodplain or floodprone area means any land area susceptible to being inundated by water from any source. See Flooding.
(Code 1965, § 9130; Ord. No. 95-11)
Floodplain Administrator is the individual appointed to administer and enforce the floodplain management regulations.
(Code 1965, § 9130; Ord. No. 95-11)
Floodproof or floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
(Code 1965, § 9130; Ord. No. 95-11)
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
(Code 1965, § 9130; Ord. No. 95-11)
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps.
(Code 1965, § 9130; Ord. No. 95-11)
Floodway fringe is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
(Code 1965, § 9130; Ord. No. 95-11)
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(Code 1965, § 9130; Ord. No. 95-11)
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (See Basement) is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article. (Note: This definition allows attached garages to be built at grade. Below-grade garages are not allowed as they are considered to be basements.)
(Code 1965, § 9130; Ord. No. 95-11)
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
(Code 1965, § 9130; Ord. No. 95-11)
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(Code 1965, § 9130; Ord. No. 95-11)
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
(Code 1965, § 9130; Ord. No. 95-11)
New construction, for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
(Code 1965, § 9130; Ord. No. 95-11)
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
(Code 1965, § 9130; Ord. No. 95-11)
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
(Code 1965, § 9130; Ord. No. 95-11)
100-year flood: See Base flood.
(Code 1965, § 9130; Ord. No. 95-11)
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(Code 1965, § 9130; Ord. No. 95-11)
Special flood hazard area (SFHA) means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.
(Code 1965, § 9130; Ord. No. 95-11)
Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(Code 1965, § 9130; Ord. No. 95-11)
Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
(Code 1965, § 9130; Ord. No. 95-11)
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(Code 1965, § 9130; Ord. No. 95-11)
Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
(Code 1965, § 9130; Ord. No. 95-11)
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(Code 1965, § 9130; Ord. No. 95-11)
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
(Code 1965, § 9130; Ord. No. 95-11)
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Code 1965, § 9130; Ord. No. 95-11)
Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. "Watercourse" includes specifically designated areas in which substantial flood damage may occur.
(Code 1965, § 9130; Ord. No. 95-11)
(c) Designation of Floodplain Administrator. The City Engineer is hereby designated to administer, implement and enforce this article by granting or denying development permits in accord with its provisions.
(Code 1965, § 9130; Ord. No. 95-11)
Sec. 34-32. Adoption of study and map delineating special hazard areas and base flood elevation data.
(a) Adoption of study and map. The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency, in a scientific and engineering report entitled "The Flood Insurance Study for the City of Concord," as most recently issued, and the accompanying flood insurance rate map (FIRM), as they both may be amended from time to time, are hereby adopted by reference and declared to be a part of this article. A copy of the flood insurance study and the FIRM are on file in the office of the City Clerk.
(Code 1965, § 9131; Ord. No. 893; Ord. No. 1080; Ord. No. 1092; Ord. No. 84-14)
(b) Use of elevation data. When base flood elevation data is not provided in the flood insurance study or the FIRM, the city shall obtain, review, and reasonably utilize the best flood base data available from any source, such as high-water marks, floods of record, or private engineering reports, in order to administer the terms of this article and to provide estimated base flood elevations. When the base flood elevation has been determined pursuant to this subsection, the following requirements shall apply:
(Code 1965, § 9131; Ord. No. 1080; Ord. No. 84-14)
(1) Single parcels will be required to elevate the lowest floor of any residential structure to no less than two feet above natural grade when base flood data does not exist. Nonresidential structures may elevate or floodproof to meet this standard;
(Code 1965, § 9131; Ord. No. 84-14)
(2) Multiple parcels (five or more) will be required to have all proposals establish the 100-year base flood elevation before the first consideration of any plan or permit for construction or development of the parcels. The city may require standards for subdivisions in excess of those identified elsewhere in this article.
(Code 1965, § 9131; Ord. No. 84-14)
Sec. 34-33. Development permit.
(a) Permit required. A permit shall be obtained before construction or development begins on property within any of the special flood hazard areas identified pursuant to section 34-32 above.
(Code 1965, § 9132; Ord. No. 1080; Ord. No. 84-14)
(b) Application for permit. The application for the permit shall include the following information:
(Code 1965, § 9132; Ord. No. 84-14)
(1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; in flood hazard zone AO elevation of existing grade and proposed elevation of lowest floor of all structures;
(Code 1965, § 9132; Ord. No. 84-14; Ord. No. 87-9)
(2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(Code 1965, § 9132; Ord. No. 84-14)
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 34-34(3)c below;
(Code 1965, § 9132; Ord. No. 84-14)
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(Code 1965, § 9132; Ord. No. 84-14)
(5) Such other information as the city may require.
(Code 1965, § 9132; Ord. No. 84-14)
(c) Review. The city shall review all permit applications to determine the following:
(Code 1965, § 9132; Ord. No. 1080; Ord. No. 84-14)
(1) That all requirements of this article have been satisfied;
(Code 1965, § 9132; Ord. No. 84-14)
(2) That the site indicated in the permit is reasonably safe from flooding;
(Code 1965, § 9132; Ord. No. 84-14)
(3) Whether the proposed development adversely affects the flood-carrying capacity of the special flood hazard area. For purposes of this article, "adversely affected" 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;
(Code 1965, § 9132; Ord. No. 84-14)
(4) With respect to applications involving five or more parcels, that the flood discharge exiting the development after construction is equal to, or less than, the flood discharge at the location prior to development.
(Code 1965, § 9132; Ord. No. 84-14)
Sec. 34-34. Standards of construction.
In all areas of special flood hazard identified pursuant to section 34-32 above, the following standards shall apply:
(Code 1965, § 9133; Ord. No. 84-14)
(1) Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(Code 1965, § 9133; Ord. No. 84-14)
b. All manufactured homes shall meet the anchoring standards of subsection (7) below.
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
(2) Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(Code 1965, § 9133; Ord. No. 84-14)
b. All new construction and substantial improvements shall use methods and practices that minimize flood damage.
(Code 1965, § 9133; Ord. No. 84-14)
c. All elements that function as a part of the structure, such as a furnace, hot water heater, air conditioner, etc., shall be elevated to, or above, the base flood elevation of [or] depth number specified on the FIRM.
(Code 1965, § 9133; Ord. No. 84-14)
d. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Code 1965, § 9133; Ord. No. 87-9)
(3) Elevation and floodproofing.
a. New construction and substantial improvement of any structure shall have the bottom of the lowest floor beam of the basement floor elevated to, or above, the base flood elevation. Nonresidential structures will meet the standards in subsection (3)c below. Upon completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that the elevation requirements have been met. Notification of compliance shall be recorded as set forth in section 34-35(a) below.
(Code 1965, § 9133; Ord. No. 84-14)
b. New construction and substantial improvement to any structure in a zone AO shall have the bottom of the lowest floor beam or basement floor elevated to, or above, the depth number specified on the FIRM. If there is no depth number on the FIRM, the bottom of the lowest floor beam or basement floor shall be elevated to a depth of one foot above the highest adjacent grade. Nonresidential structures will meet standards in subsection (3)c below. Upon completion of the structure, compliance to the elevation requirements shall be certified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in section 34-35(a) below.
(Code 1965, § 9133; Ord. No. 84-14)
c. Nonresidential construction shall either be elevated in conformance with subsection (3)a or (3)b or, together with attendant utility and sanitary facilities, be floodproofed to the base flood elevation. Examples of floodproofing include, but are not limited to:
(Code 1965, § 9133; Ord. No. 84-14)
1. Installation of watertight doors, bulkheads, and shutters;
(Code 1965, § 9133; Ord. No. 84-14)
2. Reinforcement of walls to resist water pressure;
(Code 1965, § 9133; Ord. No. 84-14)
3. Use of paints, membranes, or mortars to reduce seepage through walls;
(Code 1965, § 9133; Ord. No. 84-14)
4. Addition of mass or weight to structure to resist flotation;
(Code 1965, § 9133; Ord. No. 84-14)
5. Armor protection of all fill materials from scour and/or erosion;
(Code 1965, § 9133; Ord. No. 84-14)
6. Certification provided to the city by a registered professional engineer or architect that the standards of this subsection are satisfied.
(Code 1965, § 9133; Ord. No. 84-14)
7. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(Code 1965, § 9133; Ord. No. 87-9)
d. Manufactured homes shall meet the above standards and also the standards in subsection (7) of this section.
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
(4) Standards for storage of materials and equipment.
a. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
(Code 1965, § 9133; Ord. No. 84-14)
b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
(Code 1965, § 9133; Ord. No. 84-14)
(5) Standards for utilities.
a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
(Code 1965, § 9133; Ord. No. 84-14)
b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Code 1965, § 9133; Ord. No. 84-14)
(6) Standards for subdivisions.
a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
(Code 1965, § 9133; Ord. No. 84-14)
b. All final subdivision plans will provide the elevation of proposed structure(s), pads, and adjacent grade. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the city.
(Code 1965, § 9133; Ord. No. 84-14)
c. All subdivision proposals shall be consistent with the need to minimize flood damage.
(Code 1965, § 9133; Ord. No. 84-14)
d. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage.
(Code 1965, § 9133; Ord. No. 84-14)
e. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in section 34-33(c). Certification of compliance shall be required of the developer.
(Code 1965, § 9133; Ord. No. 84-14)
(7) Standards for manufactured homes and manufactured home parks and subdivisions.
a. All manufactured homes to be placed or substantially improved within zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with one of the following methods:
(Code 1965, § 9133; Ord. No. 1080; Ord. No. 84-14; Ord. No. 87- 9)
1. By providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and uplift forces of nine pounds per square foot; or
(Code 1965, § 9133; Ord. No. 84-14)
2. By the anchoring of the unit's system designed to be in compliance to the Department of Housing and Urban Development Mobile Home Construction and Safety Standards; or
(Code 1965, § 9133; Ord. No. 84-14)
3. By bolting the frame or undercarriage to a reinforced, permanent foundation such as a retaining wall or storm wall used to set the unit.
(Code 1965, § 9133; Ord. No. 84-14)
As set forth in section 34-33(c), certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation, and anchoring of individual manufactured home units.
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
b. The following standards are required for: (1) manufactured homes not placed in manufactured home parks or subdivisions; (2) new manufactured home parks or subdivisions; (3) expansions to existing manufactured home parks or subdivisions; and (4) repair, reconstruction, or improvements to existing manufactured home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced:
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
1. Adequate surface drainage and access for a hauler shall be provided;
(Code 1965, § 9133; Ord. No. 84-14)
2. All manufactured homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home is at or above the base flood level. If elevation [elevated] on pilings:
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
i. The lots shall be large enough to permit steps;
(Code 1965, § 9133; Ord. No. 84-14)
ii. The pilings shall be placed in stable soil no more than ten feet apart; and
(Code 1965, § 9133; Ord. No. 84-14)
iii. Reinforcement shall be provided for pilings more than six feet above ground level.
(Code 1965, § 9133; Ord. No. 84-14)
c. No manufactured home shall be placed in a floodway, except in an existing manufactured home park or existing manufactured home subdivision.
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
d. Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating manufactured home placement.
(Code 1965, § 9133; Ord. No. 84-14; Ord. No. 87-9)
(8) Floodways. Located within areas of special flood hazard established in section 34-32(a) are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(Code 1965, § 9133; Ord. No. 84-14)
a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
(Code 1965, § 9133; Ord. No. 84-14)
b. If no floodway is identified, the permit holder shall provide an engineering study for the project area that establishes a setback where no encroachment of any new development will be allowed that should [would] increase the water surface elevation of the base flood, plus one foot; or establish a setback from the stream bank equal to five times the width of the stream at the top of the bank or 20 feet on each side from the top of the bank, whichever is greater.
(Code 1965, § 9133; Ord. No. 84-14)
Sec. 34-35. Other measures.
(a) Information to be obtained and maintained. The city shall obtain and maintain for public inspection and make available as needed for flood insurance policies:
(Code 1965, § 9134; Ord. No. 84-14)
(1) The certifications required in section 34-34;
(Code 1965, § 9134; Ord. No. 84-14)
(2) Certification of the elevation of the lowest floor, floodproofed elevation or elevation of the structure's lowest horizontal member is required at that point where the footings are set and slab poured. Failure to submit the elevation certification shall be cause to issue a stop work order for the project. As-built plans certifying the elevation of the lowest adjacent grade are also required;
(Code 1965, § 9134; Ord. No. 84-14)
(3) If fill is used to elevate a structure above the base flood elevation, the permit holder may wish to apply for a letter of map amendment (LMA), as set forth in section 34-36(b) of this article.
(Code 1965, § 9134; Ord. No. 84-14)
(b) Alteration of watercourses. The city shall:
(Code 1965, § 9134; Ord. No. 84-14)
(1) Notify adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and shall submit copies of such notifications to the Flood Insurance Administrator;
(Code 1965, § 9134; Ord. No. 84-14)
(2) The city shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(Code 1965, § 9134; Ord. No. 84-14)
(c) Interpretation of flood insurance rate map (FIRM) boundaries. The city will provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (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 may appeal the interpretation as provided in section 34-36(a).
(Code 1965, § 9134; Ord. No. 84-14)
(d) Hazard mitigation plan. The city shall weigh all requests for future floodplain development against the city's General Plan. Consideration of the following elements is required before approval:
(Code 1965, § 9134; Ord. No. 84-14)
(1) Determination of whether or not a proposed development is in, or affects, a known floodplain;
(Code 1965, § 9134; Ord. No. 84-14)
(2) Determine if there is a practicable alternative or site for the proposed activity;
(Code 1965, § 9134; Ord. No. 84-14)
(3) Identify impact of the activity on the floodplain;
(Code 1965, § 9134; Ord. No. 84-14)
(4) Provide a plan to mitigate the impact of the activity.
(Code 1965, § 9134; Ord. No. 84-14)
(e) Evacuation plan. There is on file, with the city's Director of Emergency Services, an evacuation plan, alternate vehicular access and escape route for the benefit of the residents of manufactured home parks and manufactured home subdivisions which are located within zone A of the map identified in section 34-32 above.
(Code 1965, § 9134; Ord. No. 1080; Ord. No. 1117; Ord. No. 84-14; Ord. No. 87-9)
Sec. 34-36. Appeals and requests for map amendments.
(a) Appeals. Any interested person may appeal actions taken pursuant to sections 34-31 to 34-35 by filing an appeal pursuant to sections 122- 183 and 122-186 of this Code.
(Code 1965, § 9135; Ord. No. 84-14)
(b) Requests for map amendments. There are two methods of appeal that exempt a structure from the purchase of flood insurance. Both must be supported by the items listed below:
(Code 1965, § 9135; Ord. No. 84-14)
(1) Appeal to elevation requirements:
(Code 1965, § 9135; Ord. No. 84-14)
a. An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of the property's legal description (e.g., lot, block, and plot number, etc.);
(Code 1965, § 9135; Ord. No. 84-14)
b. A copy of the flood hazard boundary map (FHBM) and/or FIRM. Both must identify the location of the property;
(Code 1965, § 9135; Ord. No. 84-14)
c. A certification by a registered professional engineer or land surveyor or verification by the community building official stating:
(Code 1965, § 9135; Ord. No. 84-14)
1. The type of structure;
(Code 1965, § 9135; Ord. No. 84-14)
2. The elevation of the lowest finished grade adjacent to the structure;
(Code 1965, § 9135; Ord. No. 84-14)
3. The elevation of the bottom of the lowest floor beam.
(Code 1965, § 9135; Ord. No. 84-14)
(2) Appeal of location:
(Code 1965, § 9135; Ord. No. 84-14)
a. An actual stamped copy of the recorded plat map of the property showing official recordation and proper citation, or a photocopy of the property's legal description (e.g., lot, block, and plot number, etc.);
(Code 1965, § 9135; Ord. No. 84-14)
b. A copy of the FHBM and/or FIRM. Both must identify the location of the property as not within zone A or V;
(Code 1965, § 9135; Ord. No. 84-14)
c. Verification by local building official as to the property's location.
(Code 1965, § 9135; Ord. No. 84-14)
Sec. 34-37. Pine and Galindo Creek floodway regulations.
(a) Definitions. The definitions set forth in the Colbey-Alquist Flood Plain Management Act, Water Code §§ 8400--8415, are incorporated in this section as if specifically set forth herein.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
(b) Designation of floodway. The Pine and Galindo Creek floodway is that area of the city in the vicinity of Pine and Galindo Creeks and indicated on Contra Costa County Flood Control and Water Conservation District Drawing D- 2791, entitled "Designated Floodway Map," a copy of which is on file in the office of the City Clerk.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
(c) Structures subject to regulation.
(1) The provisions of this section shall not apply to any structure which is located within the designated floodway on the effective date of Ordinance No. 1181. However, an existing structure shall be deemed to be a nonconforming structure and shall conform to the provisions of this section if the structure is not used for a continuous six- month period or the structure is damaged or destroyed to the extent of more than 50 percent of its reasonable value.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
(2) The construction of structures in the designated floodway which may endanger life or significantly restrict the carrying capacity of the designated floodway shall be prohibited.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
(3) No structures shall be constructed within the areas of any temporary construction right-of-way established within the designated floodway. However, upon the completion of acceptance of floodway improvements, structures may be allowed in the area of the temporary construction right-of-way, provided there is no conflict with the provisions of this section and the Colbey-Alquist Flood Plain Management Act.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
(4) As used herein, "structures" does not include public utility electric, gas, or communication lines which may be located within the designated floodway.
(Code 1965, § 9136; Ord. No. 1181; Ord. No. 84-14)
Sec. 34-38. Violations; penalties.
(a) It shall be unlawful for any person, firm, or corporation to construct, locate, extend, convert, or alter any structure or land without full compliance with the terms of this article and all other applicable regulations.
(Code 1965, § 9137; Ord. No. 84-14)
(b) Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of an infraction and, upon conviction of any such violation, shall be punishable in accordance with section 1-22 of this Code.
(Code 1965, § 9137; Ord. No. 84-14)
