Sec. 5A-20. - Establishment of development permit.
Sec. 5A-21. - Designation of the floodplain administrator.
Sec. 5A-22. - Duties and responsibilities of the floodplain administrator.
Secs. 5A-24, 5A-25. - Reserved.
Sec. 5A-20. - Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 5A-6. An application for a development permit shall be made on forms prescribed by the building official. The following information is required for all development permits:
(a)
Proposed elevation in relation to mean sea level of the lowest floor of all structures and, in Zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures;
(b)
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(c)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 5A-26(c)(3); and
(d)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Information required may include, but is not limited to: plans (in duplicate and to scale) showing the nature, location, dimensions, and elevation of the area in question; existing and proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing.
(Ord. No. 474.1, 3-2-10)
Sec. 5A-21. - Designation of the floodplain administrator.
The Kings County Building Official (building official) is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. No. 474.1, 3-2-10)
Sec. 5A-22. - Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the building official as the floodplain administrator shall include, but not be limited to:
(a)
Permit review:
(1)
Review of all development permits to determine that the permit requirements of this chapter have been satisfied.
(2)
Review of all required state and federal permits.
(3)
Review of all permits to determine that the site is reasonably safe from flooding.
(4)
[Review to determine 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 [not] increase the water surface elevation of the base flood more than one foot at any point.
(5)
Review of all proposals for any land division or development 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.
(6)
The building official shall not issue any building permit unless:
a.
The building official determines that the site of the proposed construction is not in a special flood hazard area; or
b.
The building official has issued a development permit.
(b)
Use of other base flood data: When base flood elevation data has not been provided in accordance with section 5A-6, (basis for establishing the areas of special flood hazard), the floodplain administrator shall obtain, review and reasonably utilize the best base flood data available from any published source (whether public or private, including federal, state or other sources such as high water mark, floods of record or private engineering reports) in order to administer Article III (Provisions for flood hazard reduction), of this chapter.
(1)
Single parcels are required to elevate the lowest floor of any residential structure to no less than two feet above natural grade when base flood data does not exist. Nonresidential structures may elevate or floodproof to meet this standard.
(2)
Multiple parcels (five or more) are required to have all proposals establish the 100-year base flood elevation before consideration of the preliminary plan for development. The floodplain administrator may, at his/her discretion, require standards exceeding those identified in section 5A-30.
(3)
All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:
1.
Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE);
2.
Identify the elevations of lowest floors of all proposed structures and pads on the final plans; and
3.
If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the floodplain administrator:
a.
Lowest floor elevation;
b.
Pad elevation; and
c.
Lowest adjacent grade.
(c)
Obtaining and maintaining information: Obtain and maintain for public inspection and make available as needed for flood insurance policies:
(1)
Certifications required in the following sections:
a.
Section 5A-26(2), construction certification in special flood hazard area;
b.
Section 5A-26(2)(c)(1), floor elevations;
c.
Section 5A-26(2)(c)(2), elevations in areas of shallow flooding;
d.
Section 5A-25(2)(c)(3), elevation or floodproofing of nonresidential structures;
e.
Section 5A-26(2)(c)(4)a or 5A-26(2)(c)(4)b, wetproofing standards;
f.
Section 5A-30(b), subdivision standards;
g.
Section 5A-33(a), flooding encroachments.
(2)
Certification of the elevation of the lowest floor or floodproofed elevation is required at that point where the footings are set and slab poured. Failure by an applicant or developer to submit elevation certification shall be cause to issue a stop-work order for the project. As-built plans certifying the elevation of the lowest adjacent grade are also required and must be submitted to the floodplain administrator.
(3)
Letter of map amendment (LOMA). If fill is used to elevate a structure above the base flood elevation, the permit holder may apply for a LOMA, as set forth in Article VII of this chapter. Any LOMA shall be submitted to and administered by the floodplain administrator.
(d)
Alteration of natural watercourses: Whenever a natural watercourse is to be altered or relocated the floodplain administer shall:
(1)
Notify affected local public entities, the Department of Water Resources and the State Reclamation Board prior to any such alteration or relocation and submit evidence of such notification to the Federal Insurance Administrator.
(2)
The flood carrying capacity of the altered or relocated portion of such watercourse shall be maintained.
(e)
Interpretation of Flood Insurance Rate Map (FIRM) boundaries: The floodplain administrator shall provide interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V of this chapter.
(f)
Remedy violations: The floodplain administrator shall take action to remedy violations of this chapter as specified in section 5A-7 herein.
(g)
Base flood elevation changes due to physical alterations:
(1)
Within six 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).
(2)
All LOMR's 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 (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.
(h)
Notification of changes in corporate boundaries: The floodplain administrator shall 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.
(Ord. No. 474.1, 3-2-10)
At the time of filing an application pursuant to this article, the applicant shall pay such fee as may be set by resolution of the board of supervisors. No fee shall be charged pursuant to this chapter if the floodplain administrator determines that the project is not located in a special flood hazard area.
(Ord. No. 474.1, 3-2-10)