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HomeMy WebLinkAbout2002-02ORDINANCE NO. 2002-02 REPEALING EXISTING CHAPTER X3LXII, ARTICLE XV OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER XXXII, ARTICLE XV OF THE DANVILLE MUNICIPAL CODE RELATING TO DEVELOPMENT IN AREAS OF SPECIAL FLOOD HAZARDS The Town Council of the Town of Danville DOES ORDAIN as follows: SECTION 1. REPEALING CHAPTER XXXII, ARTICLE XV OF THE DANVILLE MUNICIPAL CODE. The existing Municipal Code, Chapter XXXII, Article XV, (Flood Damage Prevention) is repealed in its entirety, SECTION 2. ADOPTING A NEW CHAPTER XXXII, ARTICLE XV OF THE DANVILLE MUNICIPAL CODE. A new Chapter XXXII, Article XV is hereby adopted and added to the Danville Mnnicipal Code to read as follows: "Article XV Flood Damage Prevention Division 1 General Provisions Section 32-117.1 Section 32-117.2 Section 32-117.3 Section 32-117.4 Findingg of Fact Statement of Purpose Methods of Reducing Flood Losses Definitions Division 2 Applications Section 32-117.11 Section 32-117.12 Section 32-117.13 Section 32-117.14 Section 32-117.15 Section 32-1 l 7.16 Section 32-117.17 Lands to Which This Chapter Applies Basis for Establishing the Areas of Special Flood Hazard Compliance Abrogation and Greater Restrictions Interpretation Warning and Disclaimer of Liability Severability Division 3 Administration Section 32-117.21 Section 32-117.22 Section 32-117.23 Establishment of Development Permit Designation of the Director of Development Services Duties and Responsibilities of the Development Services Director Division 4 Provisions for Flood Hazard Reduction Section 32-117.31 Section 32-117.32 Section 32-117.33 Section 32-117.34 Section 32-117.35 Section 32-117.36 Section 32-117.37 Section 32-117.38 Section 32-117.39 Applications Anchoring Construction Materials and Methods Elevation and Floodproofing Standards for Storage of Materials and Equipment Standards for Utilities Standards for Subdivisions Standards for Manufactured Homes Floodways Division 5 Flood Hazard Variance Procedure Section 32-117.41 Section 32-117.42 Section 32-117.43 Section 32-117.44 Section 32-117.45 Section 32-117.46 Appeals Standards for Review Issuance of Flood Hazard Variances Conditions for Issuance of Flood Hazard Variances Showing Necessary for Flood Hazard Variance Notice of Flood Hazard Variance Division 1. General Provisions Section 32-117.1 Section 32-117.2 Section 32-117.3 Section 32-117.4 Findings of Fact Statement of Purpose Methods of Reducing Flood Losses Definitions Section 32-I 17.1. Findings of Fact The flood hazard areas of the Town of Danville are subject to periodic inundation which results in loss of life and property, health and safety hazards, PAGE 2 OF ORDINANCE NO. 2002-02 disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss. Section 32-117.2. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: a. protect human life and health; b. minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. minimize prolonged business interruptions; minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; ensure that potential buyers are notified that property is in an area of special flood hazard; and ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Section 32-117.3. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to: a. restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; PAGE 3 OF ORDINANCE NO. 2002-02 control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; control filling, gn-ading, dredging, and other development which may increase flood damage; and prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Section 32-117.4. Definitions. In this chapter, unless context otherwise requires: "Accessory use" means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stremn that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the Development Services Director's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. f. "Area of special flood hazard" - See "Special flood hazard area." "Area of special flood-related erosion hazard" is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM). "Area of special mudslide '(i.e., mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM). PAGE 4 OF ORDINANCE NO. 2002-02 "Base flood" means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether c0nstmcted of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use ofbreakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" - see "Structure". "Coastal high hazard area" means an area of special flood hazard extending fi.om offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunmnis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity ora floodplain. PAGE 5 OF ORDINANCE NO. 2002-02 "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoffof surface waters from any source; and/or mudslides (i.e., mudflows); and 2. the condition resulting from flood-related erosion "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an PAGE 6 OF ORDINANCE NO. 2002-02 aa. bb. CC. dd. ee. unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding. "Flood-related erosion area" or "Flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. "Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding". "FloodPlain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resoumes in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway". PAGE 7 OF ORDINANCE NO. 2002-02 gg. hh. ii. jj. 11. "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Division 5, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Town of Danville will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e. county or municipality, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Variances of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The Town of Danville requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved · through other means without granting a variance, even if the alteruative is m°re expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is PAGE 8 OF ORDINANCE NO. 2002-02 mm. nn. oo. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see '~Basement" definition). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: (a) the wet floodproofing standard in section 32-117.34c; (b) the anchoring standards in section 32-117.32; (c) the construction materials and methods standards in section 32- 117.33; and (d) the standards for utilities in section 32.117.36. PAGE 9 OF ORDINANCE NO. 2002-02 pP. qq. SS. tt. UH. VV. For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Development Services Director, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mudslide" describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. "Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. PAGE 10 OF ORDINANCE NO. 2002-02 WW. XX. aaa. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One-hundred-year flood" or "lO0-year flood" - see "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Public safety and nuisance" as related to Division 5, Flood Hazard Variance Procedure, of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. 1. "Recreational vehicle" means a vehicle which is 2. built on a single chassis; 3. 400 square feet or less when measured at the largest horizontal projection; 4. designed to be self-propelled or permanently towable by a light-duty truck; and 5. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. PAGE 11 OF ORDINANCE NO. 2002-02 bbb. CCC. ddd. eee. iff: ggg. hhh. iii. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" - see "Area of shallow flooding". "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally aboye ground; this includes a gas or liquid storage tank or a manufactured home. PAGE 12 OF ORDINANCE NO. 2002-02 jjj. IlL 000. PPP. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". "V zone" - see "Coastal high hazard area". "Variance" means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. PAGE 13 OF ORDINANCE NO. 2002-02 Division 2. Applications. Section 32-117.11 Section 32-117.12 Section 32-117.13 Section 32-117.14 Section 32-117.15 Section 32-117.16 Section 32-117.17 Lands to Which This Chapter Applies Basis for Establishing the Areas of Special Flood Hazard Compliance Abrogation and Greater Restrictions Interpretation Warning and Disclaimer of Liability Severability Section 32-117.11. Lands to Which This Chapter Applies. This chapter applies to all areas of special flood hazards within the jurisdiction of the Town of Danville, California. Section 32-117.12. Basis For Establishing The Areas Of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 7, 2001 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated September 7, 2000, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Town of Danville by the Development Services Director. The study, FIRMs and FBFMs are on file at 510 La Gonda Way, Danville, California. Section 32-I 17.13. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation. Section 32-117.14. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 32-117.15. Interpretation. In the interpretation and application of this chapter, all provisions shall be: a. considered as minimum requirements; b. . liberally construed in favor of the governing body; and PAGE 14 OF ORDINANCE NO. 2002-02 c. deemed neither to limit nor repeal any other powers granted under state statutes. Section 32-117.16. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Danville, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for flood damage that results from reliance on this chapter or an administrative decision lawfully made under it. Section 32-117.17. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Division 3. Administration. Section 32-117.21 Section 32-117.22 Section 32-117.23 Establishment of Development Permit Designation of the Development Services Director Duties and Responsibilities of the Development Services Director Section 32-117.21. Establishment of Development Permit. A Development Permit must be obtained before construction or development begins within any area of special flood hazard established in section 32-117.12. Application for a Development Permit shall be made on forms furnished by the Development Services Director 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: a. Site plan, including but not limited to: 1. For all proposed strnctures, 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: PAGE 15 OF ORDINANCE NO. 2002-02 1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and For a crawl-space foundation, location and total net area of foundation openings as required in 32-117.34c of this ordinance and FEMA Technical Bulletins 1-93 and 7-93; and 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 Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34b of this ordinance and FEMA Technical Bulletin TB 3-93; and All appropriate certifications listed in 32.117.23e of this ordinance; and Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Section 32-117.22. Designation of the Development Services Director. The Development Services Director is appointed to administer and implement and enforce this chapter by granting or denying development permit applications in accord with its provisions. Section 32-117.23. Duties and Responsibilities of the Development Services Director. The duties and responsibilities of the Development Services Director include, but are not limited to, the following: Development Permit Review. The Development Services Director shall review all development permits to determine that: 1. The permit requirements of this chapter are satisfied; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; and 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 affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated developmem will not increase the water surface elevation of the base flood more than one foot at any point.. PAGE 16 OF ORDINANCE NO. 2002-02 Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with section 32-117.12, Basis For Establishing the Areas of Special Flood Hazard, the Development Services Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer Division 4 of this chapter. Any such information shall be submitted to the Town Council of the Town of Danville for adoption; or If no base flood elevation data is available from a federal or state agency 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 Division 4: 1. Simplified method (a) 100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and (b) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or 2. Detailed method (a) 100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and (b) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program. Notification of Other Agencies. In alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; 2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and 3. Assure that the flood carrying capacity within the altered or relocated Porti°n of said watercourse is maintained. PAGE 17 OF ORDINANCE NO. 2002-02 Information to be Obtained and Maintained. The Development Services Director shall obtain and maintain for public inspection and make available as needed the following: 1. the certification required in section 32-117.34(a) and Section 32-117.38 (flood elevations); 2. the floodproofing certification required in section 32-t 17.34(b) (elevation or floodproofing of nonresidential structures); 3. the certification required in section 32~117.34(c) (1) or 32-117.34(c) (2) (wet floodproofing standard); 4. the certification required in section 32-117.37(b) (subdivision standards); 5. the certification required in section 32-117.39(a) (floodway encroachments). Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the Development Services Director shall: notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and 2. require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. Interpretation of FIRM Boundaries. The Development Services Director shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, 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 Division 5 of this chapter. Remedy Violations. The Development Services Director shall take action to remedy violations of this chapter as specified in section 32-117.13. Appeals. The Town of Danville shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Development Services Director in the enforcement or administration of this chapter. PAGE 18 OF ORDINANCE NO. 2002-02 Division 4. Provisions for Flood Hazard Reduction. Section 32-117.3t Section 32-117.32 Section 32-117.33 Section 32-117.34 Section 32-117.35 Section 32-117.36 Section 32-117.37 Section 32-117.38 Section 32-117.39 Applications Anchoring Construction Materials and Methods Elevation and Floodproofing Standards for Storage of Materials and Equipment Standards for Utilities Standards for Subdivisions Standards for Manufactured Homes Floodways Section 32-117.31. Applications. The standards set forth in this division are required in all areas of special flood hazards. Section 32-117.32. Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) All manufactured homes shall meet the anchoring standards of section 32- 117.38(b). Section 32-i17.33. Construction Materials and Methods. All new construction and substantial improvements shall be constructed: (a) with flood resistant materials as specified in FEMA Technical Bulletin TB 2- 93, and utility equipment resistant to flood damage. (b) using methods and practices that minimize flood damage. (c) with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section 32-117.34. Elevation and Floodproofing. (See definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".) Residential construction, new or substantial improvement shall have the lowest floor, including basement, elevated to or above one foot above the base flood elevation. Base flood elevation shall be determined by one of the methods in 32- 117.23b of this chapter. PAGE 19 OF ORDINANCE NO. 2002-02 Nonresidential construction shall either be elevated in conformance with subsection (a) or together with attendant utility and sanitary facilities: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Development Services Director. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must ~exceed the following minimum criteria: Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or 2. Be certified by a registered professional engineer or architect. Manufactured homes shall meet the standards in this section and also the standards in section 32-117.38. Upon the completion of new structures or substantial improvements in Zone A, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. PAGE 20 OF ORDINANCE NO. 2002-02 Section 32-117.35. Standards for Storage of Materials and Equipment. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. Section 32-117.36. Standards for Utilities. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. bo On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 32-117.37. Standards for Subdivisions. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood. All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and shall be provided to the Development Services Director. All subdivision proposals shall be consistent with the need to minimize flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards. Section 32-117.38. Standards for Manufactured.Homes. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A or~ sites located PAGE 21 OF ORDINANCE NO. 2002-02 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision, or 4. in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, Shall be elevated so that the lowest floor is at or above one foot above the base flood elevation; and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, AE, VI-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the Lowest floor of the manufactured home is at or above one foot above the base flood elevation, or The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. Section 32-117.39. Floodways. Areas designated as floodways are located within areas of special flood hazard established in section 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions apply: (a) Encroachment, including fill, new construction, substantial improvements, and other development is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. PAGE 22 OF ORDINANCE NO. 2002-02 (b) If subsection (a) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. Division 5. Flood Hazard Variance Procedure Section 32-117.41 Section 32-117.42 Section 32-117.43 Section 32-117.44 Section 32-117.45 Section 32-117.46 Appeals Standards for Review Issuance of Flood Hazard Variances Conditions for Issuance of Flood Hazard Variances Showing Necessary for Flood Hazard Variance Notice of Flood Hazard Variance Section 32-117.41. Appeals. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this chapter. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this chapter. c. The decision of the Planning Commission may be appealed to the Town Council. d. The time and manner for taking an appeal is as provided in Section 30-7. Section 32-117.42. Standards for Review. In considering an application for a flood hazard variance under this chapter, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; PAGE 23 OF ORDINANCE NO. 2002-02 (e) the availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; (f) the compatibility of the proposed use with existing and anticipated development; (g) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (h) the safety of access to the property in times of flood for ordinary and emergency vehicles; (i) the expected heights, velocity, duration, rate of rise} and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (j) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and (k) the necessity to the facility of a waterfront location, where applicable. Section 32-117.43. Issuance of Flood Hazard Variances. (a) A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in section 32-117.42 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (b) Upon consideration of the factors of section 32-117.42 and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this chapter. (c) The Development Services Director shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. Section 32-117.44. Conditions for Issuance of Flood Hazard Variances. (a) A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the PAGE 24 OF ORDINANCE NO. 2002-02 State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (b) A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to aftbrd relief. Section 32-117.45. Showing Necessary For Flood Hazard Variance. (a) A flood hazard variance shall only be issued upon: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and (3) a determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (b) Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this section and section 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Section 32-117.46. Notice of Flood Hazard Variance. (a) An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (b) A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land." PAGE 25 OF ORDINANCE NO. 2002-02 SECTION 3. CODIFICATION. All of SECTION 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, clause or phrase in this ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. PAGE 26 OF ORDINANCE NO. 2002-02 The foregoing ordinance was introduced at a regular meeting of the Town Council of the Town of Danville held on March 19, 2002, and adopted at a regular meeting of the Town Council held on April 2, 2002, by the following vote: AYES: NOES: None ABSTAIN: None ABSENT: None Waldo, Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a tree and accurate copy of Ordinance No. 2002-02 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 27 OF ORDINANCE NO. 2002-02