15.48.040 Administration | Marina Municipal Code

15.48.040 Administration.

A. Establishment of Development Permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard, or areas of flood-related erosion hazard established in Section 15.48.030(B). 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, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

3. All appropriate certifications listed in Section 15.48.040(C)(4) of this chapter; and

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Floodplain Administrator. The community development director is appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions.

C. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;

b. All other required state and federal permits have been obtained;

c. The site is reasonably safe from flooding; and

d. 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.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.48.030(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 15.48.050. Any such information shall be submitted to the city for adoption.

3. Whenever a watercourse is to be altered or relocated:

a. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

b. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

4. Obtain and maintain for public inspection and make available as needed:

a. The certification required by Section 15.48.050(A)(3)(a) (floor elevations);

b. The certification required by Section 15.48.050(A)(3)(b) (elevations in areas of shallow flooding);

c. The certification required by Section 15.48.050(A)(3)(c)(iii) (elevation or floodproofing of nonresidential structures);

d. The certification required by Section 15.48.050(A)(3)(d)(i) or 15.48.050(A)(3)(d)(ii) (wet floodproofing standard);

e. The certification of elevation required by Section 15.48.050(C)(2) (subdivision standards);

f. The certification required by Section 15.48.050(F)(1) (floodway encroachments);

g. The information required by Section 15.48.050(G)(6) (coastal construction standards); and

5. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.48.060.

6. Take action to remedy violations of this chapter as specified in Section 15.48.030(C).

a. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.”

b. Assure procedures are coordinated with other departments/divisions and implemented by community staff. (Ord. 2006-15 § 1, 2006; Ord. 92-4 § 1, 1992)