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IV. FLOOD DAMAGE PREVENTION
Chapter 14.60
FLOOD CONTROL*
Sections:
14.60.010 Findings of fact. 14.60.020 Statement of purpose. 14.60.030 Methods of reducing flood
losses. 14.60.040 Definitions. 14.60.050 Lands to which this chapter
applies. 14.60.060 Basis for establishing
areas of special flood hazard. 14.60.070 Compliance. 14.60.080 Abrogation and greater
restrictions. 14.60.090 Interpretation. 14.60.100 Warning and disclaimer
of liability. 14.60.120 Establishment of development
permit. 14.60.130 Designation of-administrator. 14.60.140 Duties and responsibilities
of the floodplain administrator. 14.60.145 Appeals. 14.60.150 Standards of construction. 14.60.160 Variance procedure * 14.60.165 Conditions for variances. 14.60.170 Incorporation of National
Flood Insurance and Related Regulations.
* For statutory provisions authorizing local governments
the authority to adopt regulations designed to promote
the public health, safety and general welfare of its
citizenry, see Government Code §§65302, 65560
and
65800.
14.60.010 Findings of fact.
A. The flood hazard areas of the county of Madera
are subject to periodic inundation which results in loss
of life and property, health and safety hazards, 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.
B. These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
floodproofed, elevated or otherwise protected from flood
damage, also contribute to the flood loss. (Ord. 554 §2(part),
1993).
14.60.020 Statement of purpose.
It is the purpose of this chapter 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:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood
control projects;
C. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public;
D. To minimize prolonged business interruptions;
E. To 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;
F. To 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 blight areas;
G. To insure that potential buyers are notified that property
is in an area of special flood hazard; and
H. To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions. (Ord.
554 §2(part), 1993).
14.60.030 Methods of reducing
flood losses. In order to accomplish its purposes,
this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards,
or which would result in damaging increases in erosion or
in flood heights or velocities;
B.' Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream
channels and natural protective barriers, which help accommodate
or channel flood waters;
D. Controlling of filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas. (Ord. 554 §2
(part) , 1993) .
14.60.040 Definitions. Unless
specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning
they have in com-
(Madera County 2/94) 544-2
14.60.040
mon usage and to give this chapter its most reasonable
application.
"Accessory use" means a use which is incidental
and subordinate to the principal use of the parcel of land
on which it is located.
"Alluvial fan" means a geomorphic 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 stream that formed the fan emerges
from the mountain front.
"Appeal" is a request for a review of the floodplain
administrator's interpretation of any provision of this
chapter or of said administrator's denial of a request for
a variance.
"Area of shallow flooding" is a designated Zone
AO or AH on the Flood Insurance Rate Map (hereinafter referred
to as "FIRM") where 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.
"Area of special flood-related erosion hazard"
is the area subject to severe flood-related erosion losses.
The area is designated as Zone AE on the FIRM
"Area of special flood hazard" See 'special flood
hazard area."
"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 FIRM.
"Base flood" is the flood having a one percent
chance of being equalled or exceeded in any given year (also
called the one hundred year flood).
"Basement" means any area of the building having
its floor subgrade (below ground level) on all sides.
"Board" means Madera County board of supervisors.
"Development" is any manmade 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.
"Encroachments" means the advance or infringement
of uses, plant growth, fill, excavation, buildings, permanent
structures or development into a floodplain which may impede
or alter the flow capacity of a floodplain.
"Existing manufactured home park or manufactured home
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
544-3 (Madera County 2/94)
14.60.040
(including at a minimum, the installation of utilities,
the construction of streets, and either final site grading
or pouring of concrete pads) was completed before the effective
date of the floodplain management regulations adopted by
the county of Madera.
"Expansion to an existing manufactured home park or
manufactured home subdivision" is 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, either final site
grading or pouring of concrete pads, or the construction
of streets).
"Flood Boundary and Floodway Map" (FBFM) is the
official map on which the Federal Emergency Management Agency
or the Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
"Flood Insurance Rate Map (hereinafter referred to
as FIRM)" is the official map on which the Federal
Emergency Management Agency or the Federal Insurance Administration
has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report
provided by the Federal Insurance Administration that includes
flood profiles, the Flood Insurance Rate Map (FIRM), the
Flood Boundary and Floodway Map (FBFM) and the water surface
elevation of the base flood.
"Flood or flooding" is a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface
waters from any source; and/or
3. The collapse or subsidence of land along the shore of
a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an 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 unusual and unforeseeable event which results
in flooding as defined in these definitions.
"Floodplain or flood-prone area" means any land
area susceptible to being inundated by water from any source
(see definition of "flooding").
"Floodplain management" means the operation of
an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain
management regulations.
"Floodplains management regulations" means zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
(Madera County 2/94) 544-4
14.60.040
ordinance, grading ordinance and erosion control ordinance)
and other applications of the police power. The term describes
such state or local regulations, in any combination thereof,
which provide standards for the purpose of flood damage
prevention and reduction.
"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.
"Floodway" means the channel of a river or other
watercourse and the adjacent land area 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 the "regulatory floodway."
The floodway is delineated on the Flood Insurance Rate Map
(FIRM).
"Flood-related erosion" is a condition that exists
in conjunction with a flooding event that alters the composition
of the shoreline or bank of a watercourse, and that increases
the possibility of loss due to the erosion of the land area
adjacent to the shoreline or watercourse.
"Fraud and victimization" as related to Section
14.60.165 of this chapter, means that the variance granted
must not cause fraud on or victimization of the public.
In examining this requirement, the board of supervisors
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 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 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.
"Hardship" as related to Section 14.60.165 of
this chapter, means the exceptional hardship that would
result from a failure to grant the requested variance. The
board of supervisors 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 iE the alternative is more expensive, or
requires the property owner to build elsewhere, or put the
parcel to a different use than originally intended.
544-5 (Madera County 2/94)
14.60.040
"Highest adjacent grade" means the highest natural
elevation of the ground surface prior to construction next
to the proposed walls of a structure.
"Historical structure" means any structure that
is:
1. Listed individually in the National Register of Historic
Places or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
2. 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 historic district;
3. Individually listed on a state inventory of historic
places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
4. 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 with approved
programs.
"Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood
resistant enclosure, 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,
that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements
of this chapter.
"Manufactured home" is a structure that is transportable
in one or more sections, built on a permanent chassis, and
designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured
home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" is a parcel
(or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"New construction" means structures for which
the "start of construction" commenced on or after
the effective date of this chapter.
"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 pouring of concrete pads) is completed on
or after the effective date of the floodplain management
regulations adopted by the county of Madera.
(Madera County 2/94) 544-6
14.60.040
"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, 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 "100-year flood"
means a flood which has a one percent annual probability
of being equalled or exceeded. It is identical to the "base
flood," which will be the term used throughout this
chapter.
"Person" meang an individual or his agent, firm,
partnership, association or corporation, or agent of the
aforementioned groups, or this state or its agencies or
political subdivisions.
"Principal structure" means a structure used for
the principal use of the property as distinguished from
an accessory use.
"Public safety and nuisance" as related to Section
14.60.165, of this chapter, 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 passage or use, in the customary manner, of any navigable
lake, river, bay, stream, canal or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the
largest horizontal projection;
3. Designed to be self propelled or permanently towable
by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,. camping,
travel or seasonal use.
"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 food 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 impact
may be reduced include protecting the structure or other
affected development from flood damages, implementing the
enforcement provisions of the chapter or otherwise deterring
future similar violations, or reducing federal financial
exposure with regard to the structure or other development.
(Madera County 2/94)
14.60.040
"Riverine" means relating to, formed by or resembling
a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means an area
having special flood or flood-related erosion hazards, and
shown on an FHBM or FIRM as Zone A, AO, AH, or AE.
"Start of construction" includes substantial improve
ment, and means the date the building permit was issued,
provided the actual start of construction, repair, recon
struction, placement or other improvement was within one
hundred eighty days of the permit date. The actual start
means either the first placement of permanent construction
of a structure on a site, such as the pouring of slabs or
footings, the installation of piles, the construction of
columns or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Perma
nent 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 in
clude excavation for a basement, footings, piers or founda
tions or the erection of temporary forms; nor does it in
clude the~ in,stall4ti~)n on the property of acces~,sory,
build
occupied as dwelliji~-
ihgs, s,flEh as ~garages,"br s e s unltzl~&~`7:1
4 as part of the main structure.'- For a structure,(other
than a manufactured home) without a basement or poured footings,
the "start of construction" includes the first
permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For manufactured homes
not within a manufactured home park or manufactured home
subdivision, "start of construction" means the
affixing of the manufactured home to its permanent site.
For manufactured homes within manufactured home parks or
manufactured home subdivisions "start of construction"
means the date on which the construction of facilities for
servicing the site on which the manufactured home is to
be affixed (inclilding, at a minimum the construction of
streets, either final site grading or the pouring of concrete
pads, and installation of utilities) is completed..
"Structure" is a walled and roofed building, including
a gas.or liquid storage tank, that is principally above
ground, as well as a manufactured home.
"Substantial improvement" means any repair, reconstruction
or improvement to a structure, the cost of which exceeds
fifty percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part
(Madera County 2/94) 544-8
14.60.050--14.60.060
of the building- commences, whether or not that alteration
affects the external dimensions of the structure. This term
does not, however, include either:
1. Any project for improvement of a structure to comply
with existing state or local health, sanitary or safety
code specifications which are solely necessary to assure
safe living conditions; or
2. Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
"Variance" means a grant of relief from the requirements
of this chapter which permits construction in a manner that
would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or
other development to be fully compliant with the community's
floodplain management regulations. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter
is presumed to be in violation until such time as that documentation
is provided.
"Zone A" means an area of special flood hazard
without water sui~face elevations determined.
"Zone AE" means an area of special flood hazard
with water surface elevations determined.
"Zone AH" means an area of special flood hazards
having shallow water depths and/or unpredictable flow paths
between one and three feet, and with water surface elevations
determined.
"Zone AO" means an area of special flood hazards
having shallow water depths and/or unpredictable flow paths
between one and three feet.
"Zone D" means an area of undetermined but possible
flood hazards.
"Zone X" means an area of minimal flood hazards.
(Ord. 554 §2(part), 1993).
14.60.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of mudslide
(i.e., mudflow) hazards within the jurisdiction of the county
of Madera. (Ord. 554 §2(part), 1993).
14.60.060 Basis for establishing'areas
of special flood hazard. The areas of special flood
hazard identified by the Federal Insurance Study (FIS) of
the Federal Emergency Management Agency (FEMA) in the scientific
and engineering report entitled "Flood Insurance Study,
Madera County, California, Unincorporated Areas" dated
August 4, 1987, with accompanying Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs) dated
August 4, 1987, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part
544-9 (Madera County 2/94)
14.60.070--14.60.100
of this chapter. This Flood Insurance Study and attendant
mapping is the minimum area of applicability of this chapter
and may be supplemented by studies for other areas which
allow implementation of this chapter and which are recommended
to the board of supervisors by the floodplain administrator.
The study, FIRMs and'FBFMs are on file at the Madera County
Department of Engineering and General Services, 135 W. Yosemite
Avenue, Madera, California 93637. (Ord. 554 §2(part),
1993).
14.60.070 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 conditi'ons
and safeguards established in connection with conditions)
shall constitute a misdemeanor. Nothing herein shall prevent
the Madera County board of supervisors from taking such
lawful action as is necessary to prevent or remedy any violation
including, but not limited to the recording against the
property in the official records in the Madera County recorder's
office a notice of noncompliance with flood control ordinance
and the simultaneous filing of a civil lawsuit to enforce
the terms and provisions of this chapter and a lis pendens
against the property. (Ord. 554 §2 (part) , 1993) .
14.60.080 Abrogation and
greater restrictions. This
chapter is noE ~intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. How
ever, where this chapter and any other chapter, ordinance,
easement, covenant or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall
prevail. (Ord. 554 §2(part), 1993).
14.60.090 Interpretation.
In the interpretation and application of this chap-ter,
all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the county of Madera
and the board of supervisors; and
C. Deemed neither to limit nor repeal any other powers granted
under state statutes. (Ord. 554 §2(part), 1993).
14.60.100 Warning and disclaimer
of liability. The degree of flood protection req~uired
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 manmade or natural causes. This
chapter does not imply that land outside the areas of special
(Madera County 2/94) 544-10
14.60.120--14.60.140
flood hazards, areas of flood related erosion hazards and
areas of mudslide (i.e., mudflow) 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
county of Madera, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages
that result from reliance upon this chapter or any administrative
decision lawfully made hereunder. (Ord. 554 §2(part),
1993).
14.60.120 Establishment of development permit.
A
development perm7t -shall be obtained before construction
or
development begins within any area of special flood hazard,
area of flood related erosion hazards or area of mudslide
(i.e., mudflow) hazards established under Section
14.60.060. Application for a development permit shall be
prepared by a registered professional engineer or surveyor
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 ele
vation of the area in question; existing or proposed struc
tures, fill, storage of materials, drainage facilities;
and
the location of the foregoing. Additionally, the following
specific information is required:
A. Proposed elevation in relation to mean sea level, of
the lowest floor (including basement) of all structures;
in Zone AO, elevation of the highest adjacent 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. All appropriate certifications listed in Section 14.60.140
C; and
D. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
(Ord. 554 §2(part), 1993).
14.60.130 Designation of
administrator. The Madera County engineer (hereinafter
floodplain administrator) is appointed to administer and
implement the provisions of this chapter by granting or
denying development permit applications in accordance with
its.provisions. (Ord. 554 §2-(part), 1993).
14.60.140 Duties and responsibilities
of the floodplain administrator. The duties and
responsibilities of the floodplain ~7~'inistrator shall
include, but not be limited to:
A. Permit Review.
1. Review of all applications for development permits to
determine that the permit requirements of this chapter have
been satisfied;
544-11 (Madera County 2/94)
14.60.140
2. Review of all applications for development permits to
determine that the site is reasonably safe from flooding;
3. Review of all applications for development permits to
insure that the proposed development does not adversely
affect the carrying capacity of the area of the floodway.
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,
increases the water surface elevation of the base flood
more than one foot at any point.
B. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 14.60.060,
the floodplain administrator shall obtain ' review and reasonably
utilize any base flood elevation and floodway data available
from federal, state or other sources, such as high water
mark(s), floods of record or private engineering reports,
in order to administer Section 14.60.150 (and provide the
developer with an estimated base flood elevation). Any such
information shall be submitted to the board of supervisors
for adoption.
C. Information to be Obtained and Maintained. The Floodplain
Administrator shall obtain and maintain for public inspection
and make available as needed:
1. The certification required in Section 14.60.150(C)(1)
(floor elevations);
2. The certification required in Section -14.60.150(C)(2)
(elevations in areas of shallow flooding);
3. The certification required in Section 14.60.150(C)(3)
(elevation or floodproofing of nonresidential structures);
4. The certification required in Section 14.60.150(C)(4)(a)
or 14.60.150(C)(4)(b) (wet floodproofing standard);
5. The certified elevation required in Section 14.60.150(E)(2)
(subdivision standards); and
6. The certification required in Section 14.60.150(G)(1)
(floodway encroachments);
7. The reports required in Section 14.60.150(H) (mudflow
standards).
D. Alteration of Watercourses. Whenever a watercourse is
to be altered or relocated, it is the responsibility of
the floodplain administrator to:
1. 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;
2.* Require that the flood-carrying capacity of the altered
or relocated portion of said watercourse is maintained.
(Madera County 2/94) 544-12
14.60.145--14.60.150
E. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries.
1. The floodplain administrator will provide interpretations,
where needed, as to the exact location of
the boundaries of the areas of special flood hazards, areas
of flood related erosion hazards and areas of mudslide
(i.e., mudflow) hazards (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 14.60.160.
F. Take action to remedy violations of this chapter as specified
in Section 14.60.070 herein. (Ord. 554
§2 (part) , 1993) .
14.60.145 Appeals. The Madera County board
of supervisors 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. 554
§2(part), 1993).
14.60.150 Standards of construction.
In all areas of special flood hazards, the following standards
are required:
A. Anchoring.
1. 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.
2. All manufactured homes shall meet the anchoring standards
of Section 14.60.150(F)(2).
B. Construction Materials and Methods.
1. All new construction and substantial improvement shall
be constructed with materials and utility equipment resistant
to flood damage.
2. All new construction and substantial improvements shall
use methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall
be constructed 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.
4. Require within Zones AH and AO adequate drainage paths
around structures on slopes to guide flood waters around
and away from proposed structures.
C. Elevation and Floodproofing.
1. New construction and substantial improvement of any structure
shall have the lowest floor, including base-
544-13 (Madera County 2/94)
14.60.150
ment, elevated to or above the base flood elevation. Nonresidential
structures may meet the standards in Section 14.60.150(C)(3).
Upon completion of structure the elevation of the lowest
floor, including basement, shall be certified by a registered
professional engineer or surveyor or verified by the local
building inspector to be properly elevated. Such certification
or verification shall be provided to the floodplain administrator.
2. New construction and substantial improvement to any structure
in Zone AH or AO shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the FIRM.
If there is no depth number specified on the FIRM, the bottom
of the lowest floor including basement,-shall be elevated
at least two feet above the highest adjacent grade. Nonresidential
structures may meet standards in Section 14.60.150(C)(3).
Upon the completion of the structure the elevation of the
lowest floor including basement, shall be certified by a
registered professional engineer or surveyor, or verified
by the community building inspector to be properly elevated.
Such certification or verification shall be provided to
the floodplain administrator.
3. Nonresidential construction shall either be elevated
in conformance with Section 14.60.150(C)(1) or (2), or together
with attendant utility and sanitary facilities: a. Be floodproofed
so that below the base flood
level the structure is watertight with walls substantially
impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or
architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the floodplain
administrator.
4. Require, for all new construction and substantial improvements,
that fully enclosed areas'below the lowest floor that are
subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum
criteria:
a. Either 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 shall be provided. 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
(Madera County 2/94) 544-14
14.60.150
provided that they permit the automatic entry and exit
of floodwaters; or
b. Be certified to comply with a local floodproofing standard
approved by the Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in Section
14.60.150(F).
D. Standards for Utilities.
1. All new and replacement water systems and sanitary sewage
systems shall be designed to minimize or eliminate both
infiltration of flood waters into the system and discharge
from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
------ ~-E. Standards for Subdivisions.
1. All tentative subdivision map proposals shall identify
the flood hazard area and the elevation of the base flood.
2. All final subdivision plans/maps shall provide the elevation
of proposed structure(s) and pads. If the site is filled
above the base flood elevation, the final pad elevation
shall be certified by a registered professional engineer
or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the
need to minimize flood damage.
4. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage to reduce
exposure to flood hazards.
F. Standards for Manufactured Homes.
1. All manufactured homes that are placed or substantially
improved, within Zones Al-30, AH and AE on the Flood Insurance
Rate Map, on sites located:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
C. In an expansion to an existing manufactured home park
or subdivision; or
d. 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 on a
foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation and
be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
544-15 (Madera County 2/94)
14.60.150
2. All manufactured homes that are placed or substantially
improved on sites located within Zones V1-30, V and VE on
the FIRMs shall meet the requirements of Section 14.60.150(F)A.
3. All manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park
or subdivision with Zone Al_-30, AH, AE, V1-30, V and VE
on the FIRMs that are not subject to the provisions of Section
14.60.150(F)A will be elevated so that either the:
a. Lowest floor of the manufactured home is at or above
the base flood elevation; or
b. Manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than thirty-six inches in height
above grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral
movement.
G. Floodways. Located within areas of special flood hazard
established in Section 14.60.060, are areas designated as
floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following
provisions apply:
1. Encroachments are prohibited, including fill, new construction,
substantial improvements and other development unless certification
by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any
increase in flood levels during the 'occurrence of the base
flood discharge.
2. If Section 14.60.150(G)(1) is satisfied, all new construction
and substantial improvements shall comply with all other
applicable flood hazard reduction provisions of Section
14.60.150.
3. If no floodway is identified, the permit holder shall
either provide an engineering study for the project area
that established a setback where no encroachment of any
new development will be allowed that would increase the
water surface elevation of the base flood plus one foot;
or establish a setback from the stream bank equal to five
times the width of the stream at the top of the bank or
twenty feet on each side from the top of the bank, whichever
is greater.
H. Mudslide (i.e., Mudflow)-Prone Areas.
1. The floodplain administrator shall review permits for
proposed construction or other development to determine
if it is proposed within a mudslide area.
2. Permits shall be reviewed to determine that the proposed
development is reasonably safe from mudslide hazards. Factors
to be considered-in making this determination include, but
are not limited to:
a. T4e type and quality of soils;
i ' 0
(Madera County 2/1.4) 544-16
14.60.160
b. Evidence of ground water or surface water problems;
C. The depth and quality of any fill;
d. The overall slope of the site; and
e. The weight that any proposed development will impose
on the slope.
3. within areas which have mudslide hazards, the following
requirements apply:
a. A site investigation and further review shall be made
by persons qualified in geology and soils engineering;
b. The proposed grading, excavation, new construction and
substantial improvements shall be adequately designed and
protected against mudslide damages;
C. The proposed grading, excavations, new construction and
substantial improvements do not aggravate the existing hazard
by creating either on-site or off-site disturbances;
d. Drainage, planting, watering and maintenance shall not
endanger slope stability.
I. Flood-Related Erosion-Prone Areas.
1. The floodplain administrator shall require permits for
proposed construction and other development within all flood-related
erosion-prone areas as known to the community.
2. Such permits shall be reviewed to determine whether the
proposed site alterations and improvements will be reasonably
safe from flood-related erosion and will not cause flood-related
erosion hazards or otherwise aggravate the existing hazard.
3. If a proposed improvement is found to be in the path
of flood-related erosion or would increase the erosion hazard,
such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing
erosion hazard.
4. Within Zone AE on the Flood Insurance Rate Map, for all
new development a setback is required from the riverfront
or other body of water in order to create a safety buffer
consisting of a natural vegetative or contour strip. This
buffer shall be designated according to the flood-related
erosion hazard and erosion rate, in relation to the anticipated
useful life of structures, and depending upon the geologic,
hydrologic, topographic and climatic characteristics of
the land. The buffer may be used for suitable open space
purposes, such as for agricultural, forestry, outdoor recreation
and wildlife habitat areas, and for other activities using
temporary and portable structures only. (Ord. 554 §2(part),
1993).
14.60.160 Variance procedure. A. Nature
of Variances. The variance criteria set forth in this section
of the chapter are based on the general principle of zoning
law
544-17 (Madera County 2/94)
14.60.160
that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel
of property with physical characteristics so unusual that
complying with requirements of this chapter would create
an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the
property and not be shared by adjacent parcels. The unique
characteristics must pertain to the land itself, not to
the structure, its inhabitants, or the property owners.
It is the duty of the board of supervisors to help protect
county residents and visitors from flooding. This need is
so compelling and the implications of the cost of insuring
a structure built below the base flood elevation are so
serious that variances from the flood elevation or some
other requirements in this chapter are quite rare.
B. Appeal Board.
1. In passing upon requests for variances, the board of
supervisors shall consider all technical evaluations, all
relevant factors, standards specified in other sections
of this chapter and the following:
a. The danger that material 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. Susceptibility of the proposed facility and its contents
to flood damage and the effects of such damage on the existing
individual owner and future owners of the property;
d. Importance of the services provided by the proposed facility
to the community;
e. Necessity to the facility of a waterfront location;
f. Availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
g. Compatibility.of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
i. Safety of access to the property in time of flood for
ordinary and emergency vehicles;
j. Expected heights, velocities, duration, rate of rise
and sediment transport of the flood waters expected at the
site; and
k. Costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities, facilities, streets and bridges.
2. Any applicant to whom a variance is granted shall be
given written notice over the signature of the floodplain
administrator that:
(Madera County 2/94) 544-18
14.60.165
a. The issuance of a variance to construct a structure
below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as twenty-five
dollars for one hundred dollars of insurance coverage;
b. Such construction below the base flood level increases
risks to life and property;
c. A copy of this notice shall be recorded by the floodplain
administrator in the office of the Madera County recorder
and shall be recorded in a manner so that it appears in
the chain of title of the affected parcel of land.
3. The floodplain administrator will maintain a record of
all variance actions, including justification for their
issuance, and report such variances issued in its biennial
report submitted to the Federal Insurance Administration
and FEMA. (Ord. 554 §2(part), 1993).
14.60.165 Conditions for variances. A. Generally,
variances may be issued for new construction, substantial
improvements and other proposed new development to be
erected on a lot of one-half acre or less in size contigu
ous to and surrounded by lots with existing structures
constructed below the base flood level, providing subsec
tions (a) through (k) of Section 14.60.160(B)(1) have been
fully c ' onsidered. As the lot size increases beyond one
half acre, the technical justification required for issuing
the variance increases.
B. Variances may be issued for reconstruction, rehabilitation
or restoration of "historic structures" (as defined
in Section 14.60.040) upon the determination that the proposed
repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance
is the minimum necessary to preserve the historic character
and design of the structure.
C. Variances shall not be issued within any mapped regulatory
floodway if any increase in flood levels during the base
flood discharge would result.
D. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood
hazard, to afford relief. "Minimum necessary"
means to afford relief with a minimum of deviation from
the requirements of this chapter. For example, in the case
of variances to an elevation requirement, this means the
board need not grant permission for the applicant to build
at grade, or even to whatever elevation the applicant proposes,
but only to that elevation which the board believes will
both provide relief and preserve the integrity of this chapter.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause; (economic considerations,
aesthetics, or claims that variances
544-19 (Madera County 8/96)
14.60.170
have been used in the past, are not good and sufficient
cause);
2. A determination that failure to grant the variance would
result in exceptional hardship, as defined in Section 14.60.040,
to the applicant;
3. A determination that the granting of a variance will
not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization to the public, or conflict
with existing local laws or ordinances.
F. Variances may be issued for new construction and substantial
improvements and for other proposed new development necessary
for the conduct of a functionally dependent use provided
that the provisions of this section are satisfied and that
the structure or other development is protected by methods
that minimize flood damages during the base flood and creates
no additional threats to public safety or nuisances.
G. Upon consideration of the factors of Sections 14.60.160
and 14.60.165 and the purposes of this chapter the board
may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this chapter.
(Ord. 554 §2(part), 1993).
14.60.170 Incorporation of
National Flood Insurance and Related Regulations.
A. The provisions of the pamphlet entitled "Federal
Emergency Management Agency, National Flood Insurance Program
and Related Regulations (revised as of October 1, 1986)"
are incorporated into this chapter by this reference as
though fully set forth herein.
B. The floodplain administrator shall maintain a copy of
the National Flood Insurance Program and Related Regulations
for inspection by the public.
C. In the event of any conflict between the provisions of
this chapter and the provisions of the National Flood Insurance
Program and Related Regulations, the provisions of the latter
publication shall be controlling. (Ord. 554 §2(part),
1993).
V. DEVELOPMENT IMPACT MITIGATION
Chapter 14.70
ROAD IMPACT FEES
Sections:
14.70.010 Short title, authority and applicability.
14.70.020 Intents and purposes.
14.70.030 Rules of construction.
(Madera County 8/96) 544-20
Contacting
Us
Madera County Resource
Management Agency
Dept. of Engineering
and General Services
2037 W. Cleveland Ave.
Madera, CA 93637
Telephone (559) 661-6333
TeleFax (559) 675-7639
Our office hours are from 8:00 AM to 5:00 PM,
Monday through Friday.
We are closed Saturday, Sunday and selected
holidays.
Permits are not issued after 4:30 PM, Monday
through Friday.
Bass Lake Satellite
Office
40601 Road 274
Bass Lake, CA 93604
Telephone (559) 642-3203
TeleFax (559 ) 658-6959
Our office hours are from 8:00 AM to 12:00
Noon and 1:00 PM to 5:00 PM, Monday thru Friday.
We are closed Saturday, Sunday and selected
holidays.
Building Dept. Email:
We are currently building the web site.
Not all departments are available on-line.
However, the following departments are available
for your immediate review.
