A. Establishment of Development Permit. A development permit shall be obtained before any construction, or other development including manufactured homes, begins within any special flood hazard area established in Section 15.60.030B. The applicant for a development permit shall submit such application on application forms furnished by the city. The applicant shall provide the following minimum information during the course of applying and completing the development permit:
1. During the application process, provide three sets of plans, drawn to scale, showing:
a. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
b. Proposed locations of water supply, sanitary sewer, and other utilities;
c. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
d. BFE information as shown on the FIRMs referenced in Section 15.60.030B.
e. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
f. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed as required in Section 15.60.050A3b of this chapter and detailed in FEMA Technical Bulletin 3-93.
g. For a structure with a crawlspace foundation, proposed locations and total net area of flood openings as required in Section 15.60.050A3e of this chapter and detailed in FEMA Technical Bulletins 1-08 and 7-93.
2. During the application process, provide a description of the extent to which any watercourse will be altered or relocated as a result of the development permit.
3. During the permit issuance and inspection process, provide preliminary certification from a registered professional engineer or land surveyor of the proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all residential structures.
4. Prior to requesting a final occupancy of the structure, provide the following certifications as applicable:
a. Certification required by Section 15.60.050A3a (lowest floor elevations);
b. Certification required by Section 15.60.050A3b (elevation or floodproofing of nonresidential structures);
c. Certification required by Section 15.60.050A3c (flood openings);
B. Designation of the Floodplain Administrator. The Chief Building Official or authorized designee agent acting in the official's behalf is appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions.
C. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. The proposed development does not adversely affect the carrying capacity of areas where BFEs have been determined but a floodway has not been designated. This adverse affect on carrying capacity shall be determined by the analysis required in Section 15.60.050F1.
2. Review, Use and Development of Other Base Flood Data. When BFE data is not available per Section 15.60.030B, the floodplain administrator shall obtain, review and reasonably utilize any flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 15.60.050. The floodplain administrator shall require that BFEs 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.
3. Notification of Other Agencies.
a. Alteration or relocation of a watercourse:
i. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
ii. Submit evidence of such notification to FEMA; and
iii. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
b. BFE changes due to physical alterations:
i. Within 6 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).
ii. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits shall 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.
4. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Section 15.60.050A3a (lowest floor elevations);
b. Certification required by Section 15.60.050A3b (elevation or floodproofing of nonresidential structures);
c. Certification required by Section 15.60.050A3c (flood openings);
d. Certification of elevation required by Section 15.60.050C1 (subdivisions and other residential development);
e. Maintain a record of all variance actions, including justification for their issuance.
5. Map Determinations. Make interpretations where needed as to the exact location of the boundaries of the special flood hazard areas; 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 Section 15.60.070.
6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.60.030C.
7. 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 the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:
a. 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; and
b. Require the applicant to enter into a “NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS” or equivalent with the city. The agreement shall be recorded with the Tulare County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the floodplain administrator and city attorney; and
c. Have the authority to inspect any area of a structure below the BFE to ensure compliance upon prior notice of at least seventy-two (72) hours.
(Ord. 2010-08 (part), 2010; Ord. 9816 (part), 1998: prior code § 7195)