Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application
to the Floodplain Administrator and shall obtain the required permit
for floodplain development. No permit shall be issued until compliance
with the requirements of these regulations and all other applicable
codes and regulations has been satisfied. No building permit shall
be issued based on Conditional Letters of Map Revision issued by FEMA.
Depending on the nature and extent of proposed development that includes
a building or structure, the Floodplain Administrator may determine
a permit for floodplain development is required in addition to a building
permit.
(Ord. CS 1301 §2, 2021)
The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. The information provided
shall:
A. Identify
and describe the development to be covered by the permit.
B. Describe
the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily
identify and definitely locate the site.
C. Indicate
the use and occupancy for which the proposed development is intended.
D. Be accompanied by a site plan and construction documents as specified in Article
5 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. State
the valuation of the proposed work.
F. Be
signed by the applicant or the applicant's authorized agent.
G. Include
such other data and information required by the Floodplain Administrator
to demonstrate compliance with these regulations.
(Ord. CS 1301 §2, 2021)
The issuance of a permit for floodplain development under these
regulations or the building codes shall not be construed to be a permit
for, or approval of, any violation of these regulations, the building
code, or any other ordinance of the community. The issuance of a permit
for floodplain development based on submitted documents and information
shall not prevent the Floodplain Administrator from requiring the
correction of errors and omissions. The Floodplain Administrator is
authorized to prevent occupancy or use of a structure or site which
is in violation of these regulations.
(Ord. CS 1301 §2, 2021)
The applicant shall obtain all other required State and Federal
permits prior to initiating work authorized by these regulations and
shall provide documentation of such permits to the Floodplain Administrator.
Such permits include, but are not limited to, the California State
Water Resources Control Board for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps
of Engineers; Section 404 of the Clean Water Act.
(Ord. CS 1301 §2, 2021)
A permit for floodplain development shall become invalid when
the proposed development is not commenced within one hundred eighty
days after its issuance, or when the work authorized is suspended
or abandoned for a period of one hundred eighty days after the work
commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than one hundred eighty days each unless FEMA has issued notification
of revision to the Flood Insurance Rate Study and Flood Insurance
Rate Maps that alter the flood hazard area or floodway boundaries,
flood zones, or base flood elevations, in which case the permit is
invalid.
(Ord. CS 1301 §2, 2021)
The Floodplain Administrator is authorized to suspend or revoke
a permit for floodplain development issued under these regulations
wherever the permit is issued in error or on the basis of incorrect,
inaccurate or incomplete information, or in violation of these regulations
or any ordinance or code of this community.
(Ord. CS 1301 §2, 2021)
When it is alleged there is an error in any decision or determination
made by the Floodplain Administrator in the interpretation or enforcement
of these regulations, such decision or determination may be appealed
to the Board of Supervisors of Stanislaus County by filing a written
appeal setting forth the reasons of the appeal.
(Ord. CS 1301 §2, 2021)