A Building Permit shall be obtained in accordance with Chapter 15 of this Part before construction or development is commenced within any area of special flood hazard established in section 7-27-1020 of this Chapter. In addition to the requirements of Chapter 15, an application for a Building Permit shall be made on forms furnished by the Planning and Development Director and may include, but not be limited to: plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, 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 crawl-space foundation, location and total net area of foundation openings as required in Section 7-27-1180 of this Chapter and FEMA Technical Bulletins TB1-93 and TB7-93; 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 Section 7-27-1180 of this Chapter and FEMA Technical Bulletin TB 3-93; and
(d) 
All appropriate certifications listed in Section 7-27-1180 of this Chapter; and
(e) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Planning and Development Director and Public Works Director are hereby appointed as Floodplain Administrators to jointly administer and implement this Chapter by granting or denying building permit applications in accordance with its provisions.
(Amended by Ord. No. 3212, effective 10-29-98)
The joint duties and responsibilities of the Planning and Development Director and Public Works Director shall include, but not be limited to:
(a) 
Development Review:
(1) 
Review of all building permits to determine that the permit requirements of this Chapter have been satisfied.
(2) 
Review of all other required state and federal permits have been obtained.
(3) 
Review of all permits to determine that the site is reasonably safe from flooding.
(4) 
Review of all building permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this Chapter, "adversely affected" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point.
(5) 
Review of all proposals for the development of five (5) or more lots or dwelling units to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development.
(b) 
Review Use and Develop Other Base Flood Data:
(1) 
When the base flood elevation data has not been provided in accordance with section 7-27-1020 (special flood hazard areas designated as Zone A on the FIRM), the Planning and Development Director and Public Works Director shall obtain, review, and reasonably utilize the best base flood data available from any source (federal, state, or other) such as: high water mark(s), floods of record, or private engineering reports, in order to administer Article 5 of this Chapter and provide the developer with an estimated base flood elevation.
(2) 
If no base flood elevation data is available from a federal or state or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for obtaining and developing Base (100 year) Flood Elevations" dated July 1995 in order to administer Article 5:
(A) 
Simplified method.
(i) 
100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the dischargedrainage area method; and
(ii) 
Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
(B) 
Detailed method. The 100 year or base flood discharge and the base flood elevation shall be obtained using detailed methods identified in FEMA Publication 265, published in July 1995 and titled: "Managing Floodplain Development in Approximate Zone A Areas—A Guide for obtaining and developing Base (100 year) Flood Elevation."
(C) 
Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
(i) 
Certification required by Section 7-27-1180 and Section 7-27-1210 (lowest floor elevations).
(D) 
Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the 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 Section 7-27-1315.
(E) 
Remedial Action. Take action to remedy violation of this Chapter as specified in Section 7-27-1025.
(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 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 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).
(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.
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.
(Amended by Ord. No. 3212, effective 10-29-98; amended by Ord. No. 3425, effective 6-9-11; amended by Ord. No. 3436, effective 3-29-12)
The duties and responsibilities of the Planning and Development Director shall include, but not be limited to:
(a) 
Referral and inspection:
(1) 
Refer all building permits for property located within special flood hazard areas to the Public Works Director for review prior to approval.
(2) 
Inspect all construction, including installation of mobilehomes, to insure compliance with the requirements of this Chapter.
(b) 
Information to be Obtained and Maintained: Obtain and maintain for public inspection and make available as needed for flood insurance policies:
(1) 
The certified elevation required in section 7-27-1180(a); (residential)
(2) 
The certification required in section 7-27-1180(b); (shallow flooding)
(3) 
The certification required in section 7-27-1180(c); (Zone A)
(4) 
The floodproofing certification required in section 7-27-1180(d); (non residential)
(5) 
The certified elevation required in section 7-01-2035; (subdivision) and
(6) 
The anchoring and compliance certification required in section 7-27-1210(b) and (d) (mobile-home).
(c) 
FEMA Reports:
Upon request by the Federal Emergency Management Agency (FEMA), prepare and submit reports to FEMA concerning the County’s participation in the National Flood Insurance Program.
The duties and responsibilities of the Public Works Director in his capacity as Engineer to the Tulare County Flood Control District shall include, but not be limited to:
(a) 
Alteration of Watercourses: Notify adjacent cities and counties and the California Department of Water Resources prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Emergency Management Agency (FEMA), and assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(b) 
Interpretation of Flood Insurance Rate Map (FIRM) Boundaries: Provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual field conditions, the applicant may file for a "Letter of Map Amendment" (LOMA) in accordance with the National Flood Insurance Program. The LOMA may be filed with the Public Works Director for transmittal to FEMA in the manner provided by law.
(Amended by Ord. No. 3425, effective 6-9-11)
The Board of Supervisors, Planning Commission, Site Plan Review Committee and Zoning Administrator shall weigh all requests for future floodplain development against the Flood Control Master Plan of the Tulare County Control District. Consideration of the following elements are required before approval:
(1) 
Determination of whether or not a proposed development is in or affects a known flood plain.
(2) 
Inform the public of the proposed activity.
(3) 
Determine if there is a practicable alternative or site for the proposed activity.
(4) 
Identify the impact of the activity on the flood plain.
(5) 
Provide a plan to mitigate the impact of the activity in accordance with the provisions in section 7-27-1100(a)(4).