The Director of Public Works is designated the Floodplain Administrator.
The Floodplain Administrator shall have the authority to delegate
performance of certain duties to other employees.
(Ord. CS 1301 §2, 2021)
The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article
7 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified professional engineer or licensed land surveyor when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.
(Ord. CS 1301 §2, 2021)
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section
16.50.250 of these regulations.
(Ord. CS 1301 §2, 2021)
The Floodplain Administrator, in coordination with other pertinent
offices of the community, shall:
A. Review
all permit applications and plans to determine whether proposed development
is located in flood hazard areas.
B. Review
all applications and plans for development in flood hazard areas for
compliance with these regulations.
C. Review,
in coordination with the Building Official, required design certifications
and documentation of elevations specified by the building code to
determine that such certifications and documentations are complete.
D. Review
applications and plans for modification of any existing development
in flood hazard areas for compliance with these regulations.
E. Require
development in flood hazard areas to be reasonably safe from flooding
and to be designed and constructed with methods, practices and materials
that minimize flood damage.
F. Interpret
flood hazard area boundaries and provide available flood elevation
and flood hazard information.
G. Determine
whether additional flood hazard data shall be obtained from other
sources or developed by the applicant.
H. Complete
the appropriate section of the Department of Housing and Community
Development Floodplain Ordinance Compliance Certification for Manufactured
Home/Mobile Home Installations when submitted by applicants.
I. Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article
7 of these regulations.
J. Coordinate
with the Building Official and others to identify and investigate
damaged buildings located in flood hazard areas and inform owners
of the requirement to obtain permits for repairs.
K. Require
applicants who submit hydrologic and hydraulic engineering analyses
to support permit applications to submit to FEMA the data and information
necessary to maintain the Flood Insurance Rate Maps when the analyses
indicate changes in base flood elevations, flood hazard area boundaries,
or floodway designations; such submissions shall be made within six
months of such data becoming available.
L. Require
applicants who propose alteration of a watercourse to notify adjacent
communities and the NFIP State Coordinating Agency, and to submit
copies of such notifications to the Federal Emergency Management Agency
(FEMA).
M. Inspect development in accordance with Article
6 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
N. Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article
7 of these regulations.
O. Cite violations in accordance with Article
8 of these regulations.
P. Notify
FEMA when the corporate boundaries of the County of Stanislaus have
been modified and provide a map and legal description of the changes
in the corporate boundaries.
(Ord. CS 1301 §2, 2021)
For applications for building permits to improve buildings and
structures, including alterations, movement, enlargement, replacement,
repair, additions, rehabilitations, renovations, substantial improvements,
repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
A. Estimate
the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser,
of the building or structure before the start of construction of the
proposed work; in the case of repair, the market value of the building
or structure shall be the market value before the damage occurred
and before any repairs are made.
B. Compare
the cost to perform the improvement, the cost to repair the damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, when applicable, to the market value of the building
or structure.
C. Determine
and document whether the proposed work constitutes substantial improvement
or repair of substantial damage.
D. Notify
the applicant when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with
the flood resistant construction requirements of the building code
is required and notify the applicant when it is determined that work
does not constitute substantial improvement or repair of substantial
damage.
(Ord. CS 1301 §2, 2021)
In addition to the requirements of the building code and these
regulations, and regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall
maintain and permanently keep and make available for public inspection
all records that are necessary for the administration of these regulations
and the flood provisions of the building codes, including Flood Insurance
Studies and Flood Insurance Rate Maps; documents from FEMA that amend
or revise FIRMs; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required certifications and documentation
specified by the building codes and these regulations; notifications
to adjacent communities, FEMA, and the State related to alterations
of watercourses; assurance that the flood carrying capacity of altered
waterways will be maintained; documentation related to variances,
including justification for issuance or denial; and records of enforcement
actions taken pursuant to these regulations and the flood resistant
provisions of the building codes.
(Ord. CS 1301 §2, 2021)