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Livingston, CA Code of Ordinances
LIVINGSTON, CALIFORNIA CODE OF ORDINANCES
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1: ADMINISTRATIVE
TITLE 2: BOARDS AND COMMISSIONS
TITLE 3: BUSINESS REGULATIONS
TITLE 4: BUILDING REGULATIONS
TITLE 5: ZONING REGULATIONS
TITLE 6: SUBDIVISION REGULATIONS
TITLE 7: FIRE REGULATIONS AND DEPARTMENT OF PUBLIC SAFETY
TITLE 8: HEALTH AND SANITATION
TITLE 9: PUBLIC WAYS AND PROPERTY
TITLE 10: POLICE REGULATIONS
TITLE 11: MOTOR VEHICLES AND TRAFFIC
PARALLEL REFERENCES
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§ 4-5-4-2 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
   The City Engineer or his or her designee is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions.
(Ord. 445, passed 8-1-1995)
§ 4-5-4-3 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following.
   (A)   Permit review. Review all development permits to determine that:
      1.   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; and
      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. For purposes of this chapter, 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.
   (B)   Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with § 4-5-3-2 of this chapter, 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 § 4-5-5 of this chapter. Any such information shall be submitted to the City Council for adoption.
   (C)   Notification of other agencies. In alteration or relocation of a watercourse:
      1.   Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
      2.   Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
      3.   Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
   (D)   Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
      1.   Certification required by § 4-5-5-1(C)1. of this chapter (floor elevations);
      2.   Certification required by § 4-5-5-1(C)2. of this chapter (elevation or floodproofing of nonresidential structures);
      3.   Certification required by § 4-5-5-1(C)3. of this chapter (wet floodproofing standard);
      4.   Certification of elevation required by § 4-5-5-3(B) of this chapter (subdivision standards); and
      5.   Certification required by § 4-5-5-4(A) of this chapter (floodway encroachments).
   (E)   Map determinations. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard, 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 § 4-5-6 of this chapter.
   (F)   Remedial action. Take action to remedy violations of this chapter as specified in § 4-5-3-3 of this chapter.
(Ord. 445, passed 8-1-1995)
§ 4-5-4-4 APPEALS.
   The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(Ord. 445, passed 8-1-1995)
§ 4-5-5 PROVISIONS FOR FLOOD HAZARD REDUCTION.
§ 4-5-5-1 STANDARDS OF CONSTRUCTION.
   In all areas of special flood hazards the following standards are required.
   (A)   Anchoring. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
   (B)   Construction materials and methods. All new construction and substantial improvement shall be constructed:
      1.   With materials and utility equipment resistant to flood damage;
      2.   Using methods and practices that minimize flood damage; and
      3.   With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   (C)   Elevation and floodproofing. (See § 4-5-2, Definitions, of this chapter for “new construction”, “substantial damage” and “substantial improvement”.)
      1.   (a)   Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
            (1)   In an A zone, elevated one foot above the base flood elevation; and
            (2)   In all other zones, elevated to the base flood elevation.
         (b)   Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
      2.   Nonresidential construction shall either be elevated to conform with § 4-5-5-1(C)1. of this chapter or together with attendant utility and sanitary facilities:
         (a)   Be floodproofed below the elevation recommended under § 4-5-5-1(C)1. of this chapter so that the structure is watertight with walls substantially impermeable to the passage of water;
         (b)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
         (c)   Be certified by a registered professional engineer or architect that the standards of this subsection (C) are satisfied. Such certification shall be provided to the Floodplain Administrator.
      3.   All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:
         (a)   Be certified by a registered professional engineer or architect;
         (b)   Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or
         (c)   Have 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(Ord. 445, passed 8-1-1995)
§ 4-5-5-2 STANDARDS FOR UTILITIES.
   (A)   All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
      1.   Infiltration of floodwaters into the systems; and
      2.   Discharge from the systems into floodwaters.
   (B)   On site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.
(Ord. 445, passed 8-1-1995)
§ 4-5-5-3 STANDARDS FOR SUBDIVISIONS.
   (A)   All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
   (B)   All subdivision plans will provide the elevation of proposed structures and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
   (C)   All subdivision proposals shall be consistent with the need to minimize flood damage.
   (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.
   (E)   All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 445, passed 8-1-1995)
§ 4-5-5-4 FLOODWAYS.
   Located within areas of special flood hazard established in § 4-5-3-2 of this chapter are areas designated 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:
   (A)   Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge; and
   (B)   If subsection (A) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this § 4-5-5.
(Ord. 445, passed 8-1-1995)
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