A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in NCC § 4.11.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. 
Site plan, including but not limited to:
1. 
For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and
2. 
Proposed locations of water supply, sanitary sewer, and utilities; and
3. 
If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and
4. 
If applicable, the location of the regulatory floodway; and
B. 
Foundation design detail, including but not limited to:
1. 
Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and
2. 
For a crawlspace foundation, location and total net area of foundation openings as required in NCC § 4.11.170(C)(3) and FEMA Technical Bulletins TB 1 and TB 7; and
3. 
For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and
C. 
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in NCC § 4.11.170(C)(2) and FEMA Technical Bulletin TB 3; and
D. 
All appropriate certifications listed in NCC § 4.11.150(D); and
E. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
F. 
Validity of Permit. 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.
G. 
Other Permits Required. 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:
1. 
California Coastal Commission or certified local coastal program, if applicable, for activities subject to the coastal development permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).
2. 
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.
H. 
Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 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 180 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.
I. 
Suspension or Revocation. 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. 95-1, 3-28-1995; Ord. 2000-4 § 4.1, 9-12-2000; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2021-2 § 3, 6-22-2021; Ord. 2022-3 § 1 (Att. A), 2022)
The City Manager or designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
(Ord. 95-1, 3-28-1995; Ord. 2000-4 § 4.2, 9-12-2000; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)
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. 
Hydrologic and hydraulic analyses have been submitted to show that 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.
5. 
Inspections, in General. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
a. 
Inspections of Development Other Than Buildings and Structures. The Floodplain Administrator shall make or cause to be made inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
b. 
Inspections of Manufactured Homes Installations. The Floodplain Administrator shall make or cause to be made inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in NCC § 4.11.200 the Floodplain Administrator shall inspect the installation or have the installation inspected.
c. 
Inspections of Buildings and Structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
i. 
Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.
ii. 
Final Inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a licensed land surveyor or registered civil engineer and submitted to the Building Official.
B. 
Review, Use and Development of Other Base Flood Data.
1. 
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to require one of the following:
a. 
Require the applicant to include base flood elevation data prepared by a qualified professional engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified professional engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
b. 
Obtain, review, and provide to applicants base flood elevation and floodway data available from a Federal or State agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a Federal or State agency or other source.
c. 
Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
i. 
Require the applicant to include base flood elevation data in accordance with subsection (B)(1)(a) of this section; or
ii. 
Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.
d. 
Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified professional engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
C. 
Notification of Other Agencies.
1. 
Alteration or Relocation of a Watercourse.
a. 
Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. 
Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
c. 
Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. 
Base Flood Elevation Changes Due to Physical Alterations.
a. 
Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. 
All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
c. 
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.
3. 
Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. 
Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
1. 
Certification required by NCC § 4.11.170(C)(1) (lowest floor elevations) and 4.11.200;
2. 
Certification required by NCC § 4.11.170(C)(2) (elevation or floodproofing of nonresidential structures);
3. 
Certification required by NCC § 4.11.170(C)(3) (wet floodproofing standard);
4. 
Certification of elevation required by NCC § 4.11.190(B) (subdivision standards); and
5. 
Certification required by NCC § 4.11.220(A) (floodway encroachments).
E. 
Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI of this chapter.
F. 
Remedial Action. Take action to remedy violations of this chapter as specified in NCC § 4.11.080.
(Ord. 95-1, 3-28-1995; Ord. 2000-4 § 4.3, 9-12-2000; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2021-2 § 4, 6-22-2021; Ord. 2022-3 § 1 (Att. A), 2022)
The City Council of the City of Newman 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. 95-1, 3-28-1995; Ord. 2000-4 § 4.4, 9-12-2000; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-4 § 2 (Att. A), 6-10-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)