SACRAMENTO COUNTY FLOODPLAIN MANAGEMENT ORDINANCE. EFFECTIVE April 24, 2010

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1 SACRAMENTO COUNTY FLOODPLAIN MANAGEMENT ORDINANCE EFFECTIVE April 24, 2010

2 INTRODUCTION April 24, 2010 Sacramento County has participated in the National Flood Insurance Program since A County Floodplain Management Ordinance which meets or exceeds the minimum standards of FEMA is a requirement of such participation. The Floodplain Management Ordinance specifically describes what types of development activities are allowed and how proposed development may be permitted. The purpose of floodplain management is to realize the extent of flood hazards and to manage the flooding in a manner so as to reduce damage to structures and infrastructure and to minimize the risk of human casualties. All proposed development activity in floodplains -- those areas designated by FEMA on the Flood Insurance Rate Maps (FIRMs) for Sacramento County (Community Number ) and other areas subject to flooding -- must be reviewed and permitted by the County s Floodplain Administrator (Water Resources) prior to construction. County of Sacramento Municipal Services Agency Department of Water Resources th Street, Room 301 Sacramento, CA (916)

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4 SZC AN ORDINANCE AMENDING THE SACRAMENTO COUNTY FLOODPLAIN MANAGEMENT ORDINANCE The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: SECTION 1. Zoning Code Ordinance , related to floodplain management, is amended to read as follows: CHAPTER 1 INTRODUCTORY PROVISIONS STATUTORY AUTHORIZATION. The Legislature of the State of California has conferred upon counties the authority to make and enforce regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of the County of Sacramento does hereby adopt the following floodplain management regulations FINDINGS OF FACT. (A) The special flood hazard areas and local flood hazard areas of the County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental service, 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 development that is inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of encroachments in areas of special flood hazards and local flood hazards which increase flood heights and velocities also contribute to the flood loss STATEMENT OF PURPOSE. It is the purpose of this title 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; (C) 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; (E) Minimize damage to public facilities located in special flood hazard areas and local flood hazard areas; (F) Ensure that current flood hazard data is available for property owners, prospective buyers, insurance agents, real estate agents, and other 1

5 interested parties. (G) Ensure that those who develop in special flood hazard areas or local flood hazard areas do so pursuant to this ordinance; and (H) Ensure that those who develop special flood hazard areas or local flood hazard areas assume responsibility for their actions METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this title includes methods and provisions to: (A) Restrict or prohibit development which is dangerous to health, safety, and property due to flood hazards, or which result in damaging increases in flood heights or velocities; (B) Require that development vulnerable to floods, including facilities which serve such development, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (D) Control filling, grading, dredging, and other development which may increase flood damage; and (E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwater or which may increase flood hazards in other areas. CHAPTER 2 DEFINITIONS DEFINITIONS. As used in this title, the following words and phrases shall have the meaning given in this chapter APPEAL. A request for a review of the Floodplain Administrator's determination or action pursuant to, or interpretation of, any provision of this title APPLICANT. Any person who submits an application for a permit pursuant to this title BARN. A structure designed and constructed to house farm implements and other agricultural products. The structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public BASE FLOOD. A flood which has a one percent chance of being equaled or exceeded in any given year (also called the 100-year flood ). For the purpose of this ordinance, this includes the highest water surface elevation from any source of flooding determined by engineering analysis, measured high water, or Flood Insurance Rate Map BASE FLOOD ELEVATION ( BFE ). The water surface elevation of the base flood BASEMENT. An area of a building having its floor below ground level on all sides BOARD OF SUPERVISORS. The legislative body of the County of Sacramento BUILDING. An enclosed, walled and roofed structure that is principally above ground. The term includes manufactured homes, mobile homes, and electrical/mechanical enclosures. See also structure COUNTY. The unincorporated County of Sacramento COUNTY SPECIFICATIONS. The County Improvement Standards, County Standard Construction Specifications, County Hydrology Standards, and other 2

6 standards included in applicable County ordinances, regulations and manuals, as amended from time to time DELTA AREA. That area bounded on the east by the Western Pacific Railroad tracks, on the north by the southern limits of the City of Sacramento, and on the south and west by the border of the County of Sacramento DEVELOPMENT. Any activity that the Floodplain Administrator deems to have an adverse impact on the base flood elevation or floodway capacity, any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, storage of materials, dredging, filling, grading, paving, excavation or drilling operations. Levee maintenance which results or causes channel encroachments or a rise of the base flood elevation, or results or causes the raising of the levee elevation in those sections where the elevation of the levee was a controlling factor for establishing the base flood elevation on either side of the levee shall be considered development. Note: the following activities shall not be considered development: Normal farming activities (see ); Levee maintenance which meets the provisions of Section ENCLOSURE OR ENCLOSED AREA. An area below the base flood elevation plus required freeboard that is constructed to disallow equalization of hydrostatic pressure ENCROACHMENT. The advance or infringement of fill, excavation, buildings, structures, dams, wharfs, embankments, levees, bridges, conduits, culverts, fences, rock, gravel, or other development in, along, across or projecting into any watercourse or floodway which may alter, impede, retard or change the direction and/or velocity of the flow of water; or, may snare or collect debris carried by the flow of water EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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 was completed before November 1, EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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 FLOODWATER. 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 runoff of surface waters from any source FLOOD BOUNDARY AND FLOODWAY MAP. 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. 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) The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the County. Pre-FIRM is defined as dates preceding and post-firm is defined as dates following the date of the initial Flood Insurance Rate Map for the County (March 15, 1979) FLOOD INSURANCE STUDY ("FIS"). The official report of the Federal 3

7 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 FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to flooding in the base flood FLOODPLAIN ADMINISTRATOR. The Director of the Sacramento County Department of Water Resources FLOODPLAIN MANAGEMENT. The operation of a program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain FLOODPLAIN MANAGEMENT REGULATIONS. This title, zoning ordinances, subdivision regulations, building codes, special purpose ordinances such as grading and erosion control and other County ordinances and regulations which control development in flood-prone areas FLOODPROOFING. 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 (see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93) FLOODWAY. A watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation beyond a level determined by the Floodplain Administrator, but in no case more than one foot FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodways on federal, state and local floodplain maps FLOODPLAIN FRINGE. The area of the floodplain, in the base flood, on either side of a mapped floodway or where flooding is less than two feet depth if a floodway is not shown FUNCTIONALLY DEPENDENT USE. A use which must be located in close proximity to water, including only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities, and not including long-term storage or manufacturing facilities GARAGE. A detached accessory building on the same lot as a dwelling or a portion of a main building for the housing of noncommercial vehicles of the occupants of the dwelling GRADING. The act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed perimeter of a building HISTORIC BUILDING. Any building that is: 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; or 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; or Individually listed on the California State Historical Resources Commission inventory of historic landmarks and points of interest; or Individually listed by the Sacramento Commission of History. 4

8 LEVEE. A structure or earthen embankment, which contains, controls or diverts the flow of water so as to provide protection from flooding LEVEE MAINTENANCE. Routine activities to preserve the operating condition or operating elevation of a levee as established in a Final Notification issued by the Floodplain Administrator pursuant to Section These activities include and are limited to: (A) Extermination of burrowing rodents and filling burrows; (B) Shaping the levee crown; (C) Repairing access or patrol roads; (D) Repairing minor slip-outs, erosion, or subsidence of a levee section; (E) Removing drift deposits, debris, and litter from the levee and berm; (F) Cleaning drains and toe ditches adjacent to the landside levee toe; (G) Cutting, removing, trimming, burning, spraying and mowing vegetation; (H) Repairing or restoring rock protection; (I) Removing encroachments; or (J) Placing fill to restore the operating elevation of a levee LOCAL FLOOD HAZARD AREA. An area having flood hazards as determined by the Floodplain Administrator, and which is supplemental to federally defined special flood hazard areas LOWEST ADJACENT GRADE. The lowest elevation of the ground surface after construction next to the perimeter of a building LOWEST FLOOR. 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 the lowest floor, provided that such enclosure is not built so as to render the building in violation of the applicable non-elevation design requirements of this Title MANUFACTURED HOME. A building, 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. A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale MEAN SEA LEVEL. The USGS Datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced NATOMAS AREA. The area bounded on the north by the border of the County of Sacramento, on the east by the Natomas East Main Drainage Canal, and on the south and west by the Sacramento River NEW CONSTRUCTION. Any construction of a new structure. Any reconstruction, addition, or alteration of an existing building or any part thereof beyond the foundation perimeter commencing on or after March 15, NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 5

9 installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after November 1, NORMAL FARMING ACTIVITIES. Plowing, seeding, cultivating, minor drainage, harvesting, field leveling outside defined watercourses, contouring, and planting, as well as routine maintenance of irrigation ditches ONE-HUNDRED YEAR FLOOD. See "Base flood" PERMITTEE. The person in whose name a valid permit is issued pursuant to this title and the person's agents, employees and designated representatives; PERSON. Any individual, corporation, partnership, association of any type, public agency or any other legal entity RECREATIONAL VEHICLE. A vehicle which is: (A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projection; (C) Designed to be self-propelled or permanently towable by a light-duty truck; and (D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use SPECIAL FLOOD HAZARD AREA. An area shown in the FIS and attendant mapping as Zone A, AO, A1-A30, AE, A99, AH or AR 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. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, a manufactured home that is affixed to a permanent site or foundation and a travel trailer without wheels. See also building SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building whereby the cost of restoring the building to its before damaged condition would equal 6

10 or exceed 50 percent of the market value of the building before the damage occurred SUBSTANTIAL IMPROVEMENTS. Any reconstruction, rehabilitation, addition, or alteration of a building, or any part thereof, the cost of which equals or exceeds 50 percent of the current market value of the building, as determined by independent appraisal. This term includes buildings which have incurred "substantial damage", regardless of the actual repair work performed. A single project shall include improvements or additions to the structure, other than repair of damage, which occur within a four year period, beginning on the effective date of this code. The term does not, however, include either: Any project for improvement of a building 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 Any alteration of a "historic building" provided that the alteration will not preclude the building's continued designation as a "historic building" USGS DATUM. The National Geodetic Vertical Datum of 1929 (NGVD 29) used countywide for floodplain mapping. Reference surface set by the National Geodetic Survey (USGS) deduced from a continental adjustment of all existing adjustments in VARIANCE. A grant of relief from the requirements of this title which allows development in a manner that would otherwise be prohibited by this Title 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. The height, in relation to the USGS Datum, where specified, of floods of various magnitudes and frequencies in floodplain areas WATERCOURSE. A river, stream, creek, tributary, basin, lake, pond, waterway, or channel, natural or man-made having a defined bed and banks on or over which water flows at least periodically. 7

11 CHAPTER 3. GENERAL PROVISIONS APPLICATION. This title shall apply to all areas of special flood hazards and local flood hazards within the jurisdiction of the County of Sacramento BASIS FOR ESTABLISHING FLOOD HAZARD AREAS. (A) 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) for the County of Sacramento, dated July 6, 1998, and accompanying Flood Insurance Rate Maps and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title, and is on file in the office of the Sacramento County Floodplain Administrator, th Street, Room 430, Sacramento, CA (B) The area of applicability of this title may be supplemented by the Floodplain Administrator based upon the best available information, which may include any base flood elevation and floodway data available from a federal or state agency, or other source, other flooding studies, measured high water elevations from historic flooding events, local topography, or other available information. These areas shall be referred to as local flood hazard areas, and a map of these areas is on file in the Office of the Floodplain Administrator. (C) On March 18, 2009, FEMA issued a letter de-accrediting certain levees within the County and therein set forth a time schedule for approving a new Flood Insurance Rate Map (FIRM) for the area. Accordingly, as used herein above, the expression best available information, when used in the areas served by the Sacramento River and Delta levees south of Freeport (which areas are identified and described in Exhibit 1 attached hereto and incorporated herein by this reference) shall mean a Flood Insurance Rate Map (FIRM) for such areas as finally approved by FEMA. Until the effective date of the new FIRM such area shall not be deemed a local flood hazard area as defined in this Ordinance and a Floodplain Management Permit for new construction or substantial improvements otherwise authorized shall be issued hereunder, provided a levee risk disclosure declaration concerning such property is recorded in a form substantially similar to Exhibit 2 attached hereto, and approved by County Counsel. This subsection (C). shall expire upon the effective date of the new FIRM COMPLIANCE. No structure or land shall hereafter be filled, graded, developed, constructed, reconstructed, rehabilitated, or altered without complying with the terms of this title. Violations shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation ABROGATION AND GREATER RESTRICTIONS. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions or ordinances. Where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail INTERPRETATION. In the interpretation and application of this title, all provisions shall be considered as minimum requirements and shall be liberally 8

12 construed in favor of the County and shall not be deemed to limit or repeal any other powers granted by state statutes DELEGATION. Whenever in this title an authority or power is vested in or a duty is imposed upon an officer or official, an employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty APPLICATION TO GOVERNMENT AGENCIES. The provisions of this title shall apply to all government agencies and local agencies, their officers, employees, or agents, to the extent authorized by law WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this title 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 title does not imply that land outside of areas designated as special flood hazard areas or local flood hazard areas or uses allowed within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the County of Sacramento or the Sacramento County Water Agency, any officer or employee thereof, for any damages or injuries that result from reliance on this title or any administrative decision lawfully made hereunder SEVERABILITY. If any section, subdivision, sentence, clause or phrase of this title is declared by a court of competent jurisdiction to be unconstitutional or invalid, such determination shall not affect the validity of the remainder of this title. CHAPTER 4. FLOODPLAIN ADMINISTRATOR DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. (A) The Director of the Sacramento County Department of Water Resources is hereby appointed the Floodplain Administrator, to administer and implement this title and is authorized to promulgate and enforce such rules or regulations consistent with and necessary to implement the purposes, intent and express terms of this title. (B) No rules or regulations promulgated by the Floodplain Administrator, or amendments thereof, shall be enforced or become effective until thirty (30) calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: (A) Permit Review. Review and approve, conditionally approve or deny Floodplain Management Permit applications in accordance with the provisions of this title. Permit applications under this title may be reviewed concurrently with building permit applications, grading and erosion control permit applications and improvement plans. 9

13 (B) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section , the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, other flooding studies, measured high water elevations from historic flooding events, local topography, or other available information in order to administer this title and establish base flood elevations. Any base flood elevation established by the Floodplain Administrator shall not be lower than the base flood elevation established in the FIS for the same location. (C) Notification of Other Agencies. In alteration or relocation of a watercourse: (1) Notify affected communities prior to alteration or relocation; (2) Submit evidence of such notification to the Federal Insurance Administration of the Federal Emergency Management Agency; and (3) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. (D) Documentation of Floodplain Development. Obtain and maintain for public inspection base flood elevations, where available, and flood hazard area designations, and make available as needed certifications required by: (1) Section (residential elevations); (2) Section (nonresidential elevation or floodproofing); (3) Section (wet floodproofing standard); (4) Section (subdivision standards); and, (5) Section (floodway encroachments). (E) Map Determinations. Make interpretations as to the location of the boundaries of the areas of special flood hazard where there is conflict between a mapped boundary and actual field conditions. (F) Remedial Action. Take action to remedy violations of this title as specified in Section (G) Agreements. Execute and record non-conversion and hold harmless agreements. (H) Map Changes. Notify FEMA within six months of changes to the floodplain. CHAPTER 5. FLOODPLAIN MANAGEMENT PERMITS ESTABLISHMENT OF FLOODPLAIN MANAGEMENT PERMIT. A Floodplain Management Permit shall be obtained before any new construction, substantial improvements or other development, including alteration of land, begins within any special flood hazard area or local flood hazard area established in Section Permits for work in the floodplain requiring approval by the Floodplain Administrator are either in the form of a permit or a formal improvement plan. The application for a Floodplain Management Permit shall be filed on a form and submitted with such information as is prescribed by the Floodplain Administrator including, but not limited to the following: (A) Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the property, existing or proposed structures, fill, storage of materials, and drainage facilities; (B) Proposed elevation in relation to mean sea level (USGS Datum) of the lowest floor of all buildings - in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all buildings; 10

14 (C) Proposed elevation in relation to mean sea level (USGS Datum) to which any structure will be floodproofed, if required in Chapter 6; (D) All appropriate certifications listed in Section (D); (E) Location and elevation of the base flood and the floodway, both before and after proposed development; (F) Location, volume and depth of proposed fill and excavation within the 100- year floodplain and the floodway; and (G) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development PERMIT FEES. (A) A fee shall be paid by the applicant to the County for plan checking and review, site inspections, processing, issuance and other services performed by the Floodplain Administrator in connection with the review of an application for a Floodplain Management Permit. The fees for these services shall be in the amount of the actual costs incurred by the County based on the hourly rate of the personnel performing the services, including all overhead costs, and as determined by the Administration and Finance Agency. (B) Permit fees shall be lump sum, paid in advance, as follows (adjusted annually at the same percentage as the fully loaded labor rate for a principal engineering technician at the Department of Water Resources): (1) Prepare and send request for Letter of Map Amendment $133 (2) Fill in floodplain complaint including up to two site inspections $464 (3) Floodplain Management Permit including up to two site inspections $464 (4) Letter of Map Revision (other than regional floodplain master plans) paid at time and expense (5) Hold harmless and/or non-conversion agreement including up to two site inspections $464 Footnote: Fees for elevation certificates were established by Sacramento County Water Agency Resolution WA-2465 February 27, 2002 (C) The Floodplain Administrator shall not perform any services for an applicant if an amount owing is not paid within twenty-eight (28) days, until such time that all amounts owing and interest thereon is paid in full. The balance of fees owing shall be paid in full prior to issuance of a permit. In the event the actual costs do not exceed the minimum deposit amount, the County shall reimburse the applicant the difference between the deposit amount and the actual total charges DELETED ISSUANCE. The Floodplain Management Permit shall be issued by the Floodplain Administrator within a reasonable time after all information requested on the application form for floodplain development and any additional information requested by the Floodplain Administrator has been received CONTENTS OF PERMIT. The Floodplain Management Permit shall include but not be limited to a complete description of the activity for which it is issued, the property for which it is issued, the date of issuance, the date of expiration, and a description of any and all conditions upon which the permit has been issued. The permit shall be kept at the site during the development for which the permit was issued. 11

15 CONDITIONS. (A) The Floodplain Administrator may at the time of issuance of the Floodplain Management Permit impose such conditions as are necessary to ensure compliance with this title, other County ordinances, or state or federal laws, including the dedication of easements or construction of improvements pursuant to Section Such conditions shall be reasonably related to the public needs created by the development. Conditions to mitigate environmental impacts of the activity may also be imposed by the Floodplain Administrator. (B) The Floodplain Administrator may also require that the owner of the property, the permit applicant, or both, enter into a written agreement with the County holding the County of Sacramento and the Sacramento County Water Agency free from liability for any harm that may occur to any real or personal property or person by flooding. (C) Any condition imposed shall be embodied, together with the reasons therefore, in the Floodplain Management Permit DEDICATIONS AND IMPROVEMENTS. (A) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement of dedication or irrevocable offer of dedication of real property within the property for which the approval is sought, for drainage, floodplain or floodway easements. Such dedication requirement must be reasonably related to the public needs arising as a result of the development. (B) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement for the construction of drainage and flood control facilities. Such construction requirement must be reasonably related to the public needs arising as a result of the development. (C) Where the Floodplain Administrator has imposed a condition requiring the permittee to construct or install offsite improvements on land in which neither the permittee nor the County has sufficient title or interest, including an easement or license, at the time the permit application is filed with the County, to allow the improvements to be made, the permittee shall make a good faith effort to acquire by negotiation an interest in land which will allow the improvements to be made. If the permittee is unable to acquire such an interest in land, the permittee shall so notify the Floodplain Administrator, providing sufficient evidence of having made a good faith effort. The County shall have 120 days from receipt of such notice and sufficient evidence to acquire by negotiation or commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in land which will permit the improvements to be made. If the County fails to meet this 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed waived. The County may require the permittee to enter into an agreement to complete the improvements at such time as the County acquires an interest in the land which will allow the improvements to be made. Nothing in this section precludes the County from requiring the permittee to pay the cost of acquiring offsite real property interests required for such improvements MAPPING REQUIREMENTS. (A) In Special Flood Hazard Areas, the Floodplain Administrator shall require a letter of conditional approval (Conditional Letter of Map Revision, CLOMR) be obtained from FEMA for any development that will cause measurable impact (see H) on the base flood elevation on upstream or adjacent properties within a special flood hazard area. The CLOMR must be received by the Floodplain Administrator prior to any grading or development within the floodplain, and the Letter of Map Revision must be approved by FEMA before start of construction. 12

16 (B) All new development within Zones AE or AH that will alter or relocate a floodway, or is dependent upon construction of a levee, shall obtain conditional approval (or a "CLOMR") from the Federal Emergency Management Agency prior to issuance of a Floodplain Management Permit. (C) All new development within Zone A which creates more than 50 lots or involves more than 5 acres of land, shall provide a base flood elevation data to the Floodplain Administrator. (D) TERM. A Floodplain Management Permit shall be effective on the date of issuance, and shall remain in force for one year, unless suspended or revoked by the Floodplain Administrator, or voluntarily relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the development. One extension of not more than one year may be granted by the Floodplain Administrator TRANSFERABILITY. A Floodplain Management Permit shall not be transferred or assigned from one person to another, unless approved by the Floodplain Administrator and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein AMENDMENT OF PERMIT. Any proposed changes in the development authorized by the permit shall be submitted to the Floodplain Administrator for review. The permittee shall not undertake or allow development to occur which does not conform to the plans or conditions of the original permit, unless approved by the Floodplain Administrator. The Floodplain Administrator shall review any proposed changes in the same manner and pursuant to the same standards as the original application INSPECTION. The Floodplain Administrator may inspect property for which a Floodplain Management Permit has been applied to determine applicability or compliance with this title. The Floodplain Administrator may also inspect any and all property for which a permit has been issued and on which development is occurring GROUNDS FOR SUSPENSION AND REVOCATION. Any Floodplain Management Permit issued pursuant to this title may be suspended during its term upon one or more of the following grounds: (A) The physical state of the property differs from the descriptions, plans or information furnished to the Floodplain Administrator in the permit application; (B) The development does not conform to the conditions or terms of the permit; (C) The development is in violation of this title, other County ordinances, or state or federal laws METHOD OF SUSPENSION OR REVOCATION. (A) The Floodplain Administrator may suspend or revoke a Floodplain Management Permit by issuing a notice of suspension or revocation, stating the reasons therefore, and serving same, upon the permittee. Upon suspension or revocation of a permit, in accordance with the provisions of this section, the permittee shall immediately cause all development to cease until written authorization is received from the Floodplain Administrator to proceed with the development. (B) The permittee shall have fifteen (15) calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of Section If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the Board of Supervisors. 13

17 (C) If the Floodplain Administrator suspends a permit, such permit may either be reinstated or revoked by the Floodplain Administrator, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the Director. If the permittee fails to remedy the grounds for suspension within a time period specified by the Floodplain Administrator, but in no event later than sixty (60) calendar days, the Floodplain Administrator shall revoke the permit LEVEE MAINTENANCE. (A) Levee maintenance which meets the following requirements shall not be considered development: (1) A Final Notification of the operating elevation of the levee has been issued by the Floodplain Administrator and no appeal of such notification is pending; (2) The levee maintenance will not cause the elevation of the levee to be increased at any location above the operating elevation set forth in the Final Notification. (3) The person performing the maintenance provides the Floodplain Administrator with written notification of the levee maintenance if it involves placing fill on the levee crown 10 days prior to the commencement of such maintenance. Said notice shall include the location of the maintenance, the estimated date of commencement and completion, and a general description of the maintenance to be undertaken. (B) Persons desiring to undertake maintenance of a levee in accordance with the provisions of this section shall request the Floodplain Administrator to issue a notification of the operating elevation for such levee, and shall provide the Floodplain Administrator with information establishing the operating elevation of such levee. The Floodplain Administrator, once satisfied as to the operating elevation of such levee, shall issue a Preliminary Notification to the requesting person in writing of the operating elevation which has been established for such levee. The requesting person shall have 10 days from receipt of such notification to request revisions to the established operating elevation of such levee and to provide supporting documentation for such request. Within 30 days thereafter, the Floodplain Administrator shall issue a Final Notification in writing of the operating elevation which has been established for the levee. The Final Notification, once issued, may be appealed to the Board of Supervisors pursuant to Section The Floodplain Administrator shall not change, modify or reissue such Final Notification for any reason whatsoever, unless so directed by the Board of Supervisors. CHAPTER 6 STANDARDS OF CONSTRUCTION STANDARDS OF CONSTRUCTION. All new construction or substantial improvements within special flood hazard areas and local flood hazard areas shall comply with the standards set forth in this chapter RESIDENTIAL ELEVATION. New residential structures, or the entire structure being substantially improved/repaired, shall be constructed such that the lowest floor is at or above elevations as follows: (A) In an AO Zone with numbered depth, elevate at least 1.5 feet above that depth given on the FIRM as measured from the highest adjacent grade. When no depth is provided on the FIRM, elevate to at least three feet above the highest adjacent grade. In either case, the Floodplain Administrator may justify and require a higher elevation. 14

18 (B) In an A Zone where there is no base flood elevation or depth on the FIRM, elevate at least 1.5 feet above the elevation taken from topographic or historic high water data interpreted by the Floodplain Administrator. (C) In A99 Zones, not located within the Natomas Area, new construction, and substantial improvements where the cost exceeds $50,000, elevated at least one (1) foot above the A99 flood elevation, unless the owner of the property upon which the building is located executes an agreement with the County, in a form acceptable to the County Counsel, whereby such persons: (1) Acknowledge and assume the risk that the newly constructed or substantially improved building, and occupants thereof, may be subject to flood-related property damage and personal injury; (2) Unconditionally waive any claim of liability on the part of the County of Sacramento or the Sacramento County Water Agency, their officers, agents or employees for flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially. improved building; (3) Agree, in connection with any transfer of an interest in the Property or the newly constructed or substantially improved building, including, but not limited to, leasehold interests, to notify the transferee of the flood danger and risk of damage to property and injury to person, and obtain on behalf of the County the transferee s waiver of any claim for flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially improved building; and (4) Agree to indemnify the County of Sacramento and the Sacramento County Water Agency, their officers, agents and employees from and against all claims for any flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially improved building. (D) In all other A-Zones and in local flood hazard areas, at least 1.5 feet above the base flood elevation on the FIRM or engineering study. Building pads for slab-ongrade construction shall be at least one-foot above the base flood elevation NONRESIDENTIAL ELEVATION AND FLOODPROOFING. New nonresidential structures or the entire structure being substantially improved shall either be elevated to conform to Section or together with attendant utility and sanitary facilities be dry flood-proofed as follows: (A) Watertight below the elevation recommended under Section so that the building walls are substantially impermeable to the passage of water; (B) Have structural components capable of resisting hydrostatic and hydrodynamic loads including the effects of buoyancy; and (C) Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator SPECIAL ELEVATION AND FLOOD-PROOFING. (A) Attached garages for residential buildings shall be constructed at least one foot above the base flood elevation, except as provided in this section, and all building materials below the minimum floor elevation shall be flood resistant. (B) Except as allowed in C, detached garages, barns, and storage buildings for residential property shall be constructed at or above the base flood elevation. Whenever such accessory buildings are not constructed with freeboard, per Section , the structure shall be fully vented and a non-conversion agreement shall be recorded limiting the use to vehicle parking and incidental storage and holding the County harmless, in a form deemed acceptable to 15

19 County Counsel. (C) Applicable only in the Delta islands, the floodplain of Beach Stone Lake, backwater floodplain on the east side of Natomas East Main Drain Canal, and areas protected by Reclamation District 800 levees of the Cosumnes River, where functionally dependent to the land use, barns and garages may be constructed at grade in accordance with FEMA Technical Bulletin Wet Floodproofing Requirements (TB 7-93, as amended), provided: (i) The building is constructed of flood resistant material, fully vented, open on at least one side, and anchored to resist the potential flooding; (ii) All mechanical, plumbing and electrical equipment in the building, including utilities and sanitary facilities, shall be one foot above the base flood elevation or flood-proofed below that elevation; (iii) Compliance with these criteria are certified by a registered professional engineer or architect; and, (iv) The property owner enters into a hold-harmless and non-conversion agreement with the County indicating the use of the building and assuring that all of the above requirements are met and will be maintained for the useful life of the building and that the building will not be converted to habitable, public, or commercial use. (D) Non-enclosed parking areas for apartments shall be constructed no lower than 0.50 foot below the base flood elevation and commercial parking lots no more than 1.0 foot below the BFE with signs posting the flood hazard. (E) Swimming pools in the Delta Area may be constructed at existing grade, and in the Beach Stone Lake floodplain at or above elevation 14.5 feet (where the base flood elevation is 16 feet on the 1998 FIRM). Swimming pools in all other flood zones and local flood hazard areas shall be constructed at least one foot above the base flood elevation, unless a hold harmless agreement is executed and recorded in a form acceptable to County Counsel [1]. (F) Heating, plumbing fixtures, air conditioning equipment, furnaces, ductwork, electrical panels, outlets, switches and fixtures shall be at or above the base flood elevation or otherwise protected to the base flood elevation. (G) Addition of enclosed area attached to an existing residential structure, but not substantial improvement, shall be elevated per Section unless determined by the floodplain administrator to be functionally dependent in which adding steps would be impractical (e.g. expand a dining room). (H) An exception to is that a post-firm structure that was permitted above the base flood elevation at the time and to a freeboard elevation pursuant to the code at the time, may be substantially improved/repaired to the floor elevation of the existing structure. Footnote 1. Sacramento County Water Agency and Board, resolutions WA 2568 and dated October 26, 2004 gave the Director of the Department of Water Resources signature authority on pool hold harmless agreements SPECIAL CONSTRUCTION STANDARDS. Construction in the floodplain shall adhere to the following: (A) Anchoring. All new construction, manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the building resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. All manufactured homes shall also meet the standards of Section (B) Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. 16

20 Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during flooding. (C) Compacted Fill. If a site is filled above the base flood elevation, then buildings constructed within flood hazard areas must be constructed on compacted fill in accordance with the Construction Specifications or at least 90% density per ASTM-D1557 (known as Modified Proctor), and extending at least five feet beyond the building foundation walls before dropping below the base flood elevation and shall include appropriate protection from erosion and scour. The design of the fill must be approved by a registered professional engineer. (D) Drainage Paths - Zones AO and AH. Within zones AO and AH, drainage paths around buildings on slopes are required to guide floodwater around and away from proposed buildings. (E) Foundations. Foundations and walls constructed below the base flood elevation shall be vented to equalize hydrostatic pressures. Vent openings shall be permanent openings in the walls that allow for the free passage of water automatically in both directions without human intervention. Such venting shall be on at least two sides of the structure, or enclosure, have a bottom at no more than one-foot above the ground elevation. The total area of such venting shall be at least one square inch per square foot of enclosed footprint. Openings may be equipped with screens, louvers, or automated float control in accordance with FEMA Technical Bulletin Foundations and walls below the base flood elevation shall be constructed of flood resistant materials in accordance with FEMA Technical Bulletins Alternatively, the project proponent may submit a design that will allow for automatic equalization of hydrostatic flood forces on exterior walls, signed and stamped by a registered civil engineer and approved by the Floodplain Administrator. A window, a door, or a garage door is not considered a vent opening. If there are multiple enclosed areas within the foundation, each area must be vented as herewith described. (F) Non-Conversion. To put current and future tenants and owners on notice that the area below the base flood elevation may not be architecturally finished and converted to living space and that the space may only be used as incidental material storage, building access and vehicle parking, and a non-conversion agreement shall be required whenever there is a height of more than five feet. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel. The Floodplain Administrator shall have the right to inspect for conversion with 72-hour notice. By this Title, the Director of the Department of Water Resources shall have authority to execute the nonconversion agreements on behalf of the County and Sacramento County Water Agency. (G) Basements. No basements are allowed where deep prolonged flooding may occur (e.g. Sacramento River, Delta, Beach Stone Lake, and Natomas). However, basements may be constructed with a floor elevation below the base flood elevation (BFE) in the following situation: (1) In areas where flooding due to the base flood is less than 24 hour duration; (2) There is a minimum of 30 feet of horizontal separation between the foundation wall and the base flood water surface and the distance is increased by 3 feet per foot of depth below the BFE (example: 4 feet below BFE requires minimum 42 feet of separation); (3) A report [2] prepared by a registered civil engineer or geotechnical engineer accompanies the design, for basements deeper than 5 feet 17

21 below the BFE, indicating that the design is adequate to prohibit seepage; (4) The soil separating the base flood water from the structure provides at least 1.0 foot of freeboard for a minimum width of 15 feet; (5) The soil has low permeability in its existing condition or is re-compacted to a depth adequate to minimize seepage; and (6) The lowest opening shall have at least 1.5 feet of freeboard above the BFE. (7) Or, an alternate solution may be designed, certified by a professional civil engineer and submitted for review and approval by the Floodplain Administrator. Footnote 2 - See FEMA Technical Bulletin for more details regarding basements STANDARDS FOR NEW DEVELOPMENT. All development plans and grading plans shall: (A) Identify flood hazard areas and the elevation of the base flood and assure that proposed building pads will be at least one foot above the base flood elevation. (B) Provide the elevation of proposed buildings and pads. If the site is filled above the base flood elevation, in a special flood hazard area, the constructed pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator for review and submittal to FEMA for map revision. (C) Be designed in accordance with this Code and the County Improvement Standards to minimize flood damage. (D) Have public utilities and facilities located and constructed to minimize flood damage. (E) Provide a drainage system report in accordance with the County Improvement Standards with a narrative describing the existing and proposed stormwater management system, including all discharge points, collection, conveyance and stormwater storage facilities. (F) Provide a drainage system map including, but not limited to, sub-watershed boundaries and the property s location within the larger watershed, predevelopment and post- development terrain at 1-foot contour intervals and the location of all existing and proposed drainage features. Include a plan of the parcel showing applicable proposed revisions to pre-development and postdevelopment surface drainage flows. (G) Before any proposed filling of a floodplain is permitted, and a detailed hydraulic model is not available, the volume which will be occupied by the permitted fill below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. (This is not applicable as a general rule on land within the island side of levees in the Delta, Beach Stone Lake, and the Cosumnes River floodplain, however caution shall be taken to assure no adverse impact to immediate neighbors.) (H) In floodplains of natural streams and natural stream tributaries, and other streams subject to review and approval by the Floodplain Administrator, grading 18

22 may not be allowed that raises the base flood water surface elevation by more than 0.10 foot, as measured at the property lines of the parcel(s) being developed, unless a conditional letter of map revision is approved by FEMA (see ). Small exceptions may be allowed when the Floodplain Administrator agrees that it is clearly of no concern. (I) Stormwater calculations by a professional civil engineer shall be submitted to the Floodplain Administrator, including but not limited to, detention basin sizing, storm drain pipe sizing and overland flow path design. (J) The majority of stormwater management features are maintained in a routine manner funded by the Storm Water Utility; however, on occasion an operation and maintenance procedure for peculiar features will require a supplemental funding agreement. (K) Any proposed residential, including manufactured home parks, of more than 4 lots, within an unnumbered Zone A floodplain and in other locations when required by the Floodplain Administrator shall determine a base flood elevation. When there are 20 or more lots, or when required by the Floodplain Administrator, the floodplain elevation determination shall be submitted to FEMA as a Letter of Map Revision. (L) Any non-residential project of 5 acres or larger within an unnumbered Zone A floodplain, and in other locations when required by the Floodplain Administrator, shall determine a base flood elevation. When required by the Floodplain Administrator, the floodplain elevation determination shall be submitted to FEMA as a letter of Map Revision. (M)For any proposed agricultural subdivision, more than 4 lots of AR 10 or larger, where there is no mapped floodplain, the base flood elevation shall be determined, to the satisfaction of the Floodplain Administrator. (N) The applicant has supplied proof of having obtained all other required state and federal permits; (O) The proposed development does not adversely affect areas where base flood elevations have been determined but a floodway has been designated. For purposes of this title, adversely affects means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more then one foot at any point STANDARDS FOR MANUFACTURED HOMES. (A) All manufactured homes that are placed on foundation, or substantially improved, at sites located outside of a manufactured/mobile home park within special flood hazard areas or local flood hazard areas shall be constructed per Section (B) Anchoring shall be in accordance with Section A. (C) All new manufactured/mobile home parks or subdivisions or expansion of existing parks or subdivisions shall be constructed such that the building pads are at least one foot above the base flood elevation. (D) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a special flood hazard area or local flood hazard area, except as otherwise provided in this section or by other standards required by the State regulators of manufactured home parks, shall be elevated so that either the lowest floor of the manufactured home is at 19

23 least 1.5 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 elevation above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement STANDARDS FOR RECREATIONAL VEHICLES. All new recreational vehicle parks or additions to parks in a flood hazard area shall clearly post the hazard and methods of flood warning. All recreational vehicles placed on sites within special flood hazard areas or local flood hazard areas shall: (A) Be on wheels, mobile, fully licensed, attached to the site only by quick disconnect type utilities and security devices; and (B) Have no attached additions on adjoining foundation FLOODWAYS. (A) New construction substantial improvements, and other development within a floodway is prohibited unless certification by a registered professional engineer is provided which demonstrates to the satisfaction of the Floodplain Administrator that such development will not result in any increase in the base flood elevation. (B) All new construction, substantial improvements, and other development within floodways which satisfies the requirements of this section shall also comply with all other applicable provisions of this title. (C) All new construction, substantial improvements, and other development within floodways which will cause increases in the base flood elevation shall only be permitted if the County has applied to the Federal Emergency Management Agency for modification of the flood insurance rate maps and has received conditional approval of such modifications, and. all other applicable provisions of this title are satisfied CERTIFICATION REQUIREMENTS. When development occurs on property that has been identified by the Floodplain Administrator as being located in a special flood hazard area, the following shall be certified by a registered civil engineer or licensed land surveyor and provided to the Floodplain Administrator: (A) Elevation of the lowest floor of all detached buildings (B) Elevation of the lowest adjacent grade (C) Elevation of the highest adjacent grade (D) Elevation to which a structure has been flood-proofed (if applicable (E) Elevation of swimming pools, utilities, and any other structures, as requested by the Floodplain Administrator (F) Venting per (E) (G) All known sources of 100-year flooding and which of those is used for certification DEVELOPMENT IN THE FLOODPLAIN. Unless otherwise approved by the governing elected body, the following shall apply: (A) When land is divided, there must be minimum buildable area for each created lot above the base flood elevation, as follows: RD-5 to RD square feet RD-3 to RD square feet 20

24 RD-2 AR-1 and RD-1 AR-5 and larger 0.25 acre 0.25 acre 0.25 acre (B) Access crossing the floodplain must be above the 10-year flood and no more than 1- foot deep in the 100-year flood. (C) Commercial and industrial development may not allow parking more than 1-foot below the base flood elevation. (D) Fencing on ground that is below the base flood elevation shall be constructed as follows: (1) In the floodplain fringe and parallel to the flow shall be open style (2) Nonparallel fencing in the floodway shall allow free flow of water such as 3- wire or 3-board rail type. (E) Fee title or easement over floodway areas shall be dedicated to the County. (F) The Delta, Point Pleasant, river side of the levees on the Sacramento River, the floodway east of Natomas East Main Drain are exempt from the above. CHAPTER 7 ADMINISTRATION VARIANCES. (A) Except as provided in Section , a variance may be granted by the Board of Supervisors if it finds that: (1) Failure to grant the variance will result in exceptional hardship to the applicant, because of the exceptional, unusual, and peculiar physical characteristics of the property. 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. 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 alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended; (2) There are no viable alternatives to the granting of the variance and, the variance is the minimum necessary to afford relief; and (3) The granting of a variance will not result in increased flood heights, threaten the safety or health of the community, neighborhood, or any considerable number of persons, or result in extraordinary public expense, or conflict with existing local laws or ordinances. (B) 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 title, and the following factors: (1) Danger to persons and property by materials swept onto other lands; (2) Danger to persons and property from flooding; (3) Susceptibility of the structure and its contents to flood damage; (4) Public importance of services to be provided by the structure; (5) Necessity to the structure of a waterfront location; (6) Availability of alternate locations not subject to flooding; (7) Compatibility of the use with existing and anticipated development; 21

25 (8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) Vehicle access to the property in time of flood; (10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities. (C) The Board of Supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title. (D) Any applicant to whom a variance is proposed to be granted shall be given written notice by the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level may result in a significant increased cost of flood insurance premium rates, and such construction below the base flood level increases risks to life and property. If the variance is granted, such notice shall be in a form acceptable to County Counsel and the Board of Supervisors. It shall be executed and recorded on the property. (E) 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, Federal Emergency Management Agency SPECIAL VARIANCE STANDARDS. (A) Variances may be issued for the repair or rehabilitation of historic buildings upon a determination that the repair or rehabilitation will not preclude the building's continued designation as an historic building and the variance is the minimum necessary to preserve the historic character and design of the building. (B) Variances may be issued for new construction, substantial improvements, and other 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 does not result in additional threats to public safety. (C) Variances shall not be issued within any floodway if any increase in the base flood elevation would result APPEALS. If the applicant for a Floodplain Management Permit, the permittee, or other persons whose property rights may be affected, is dissatisfied with any determination made by the Floodplain Administrator, such person may appeal to the Board of Supervisors. Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief, and shall be filed with the Clerk of the Board of Supervisors. If it is deemed that the proposed variance may negatively affect the County s standing in the National Flood Insurance Program, adequate public notice and public hearing shall be required before the Board of Supervisors may act on the proposal ADMINISTRATION FEES. The Board of Supervisors shall by resolution adopt and, from time to time, amend a schedule of fees for administrative functions authorized or required by this title, including but not limited to, the filing and processing of appeals, the filing and processing of variance requests, the preparation and processing of agreements, and the review and certification of those elevations set forth in Section Such fees shall be for the sole purpose of defraying costs incurred for such administrative functions. Fees shall be paid at the time of and with the filing of an appeal, a request for a variance or a request for any other administrative function. No appeal or variance shall be deemed valid unless the prescribed fee has been paid. 22

26 HEARINGS. Not later than the next regularly scheduled meeting following thirty (30) calendar days after the date of filing an appeal within the time and in the manner prescribed by Section , the Board of Supervisors shall conduct a hearing for the purpose of determining whether the appeal should be granted. The Board of Supervisors shall conduct a hearing on variance requests within ninety (90) calendar days after the date of filing such a request. Written notice of the time, date and place of the hearing shall be served upon the Floodplain Administrator, the applicant or permittee, and the appellant not later than ten days preceding the date of the hearing ACTIONS ON APPEALS OR VARIANCES. (A) The Board of Supervisors shall review the entire proceeding or proceedings relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including the granting of a Floodplain Management Permit. Any hearing may be continued from time to time. (B) At the conclusion of the hearing, the Board of. Supervisors shall prepare a written decision which either grants or denies the appeal or variance request, and contains findings of fact and conclusions. The written decision, including a copy thereof,, shall be filed with the Clerk of the Board of Supervisors. The Clark shall serve such decision on the applicant or permittee, the appellant, and the Floodplain Administrator. The decision of the Board of Supervisors shall become final upon the date of filing and service with respect to any appeal or variance request NOTICES. (A) Any notice authorized or required by this title shall be deemed to have been filed, served and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the United States mail,, first class postage prepaid, and addressed to the party to whom it is directed. (B) Whenever a provision in this title requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once not later than ten (10) calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the County. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing VIOLATIONS. (A) Except as otherwise specifically provided, pursuant to the provisions of Government Code Section 25132, violation of any of the provisions contained in this title shall constitute an infraction subject to a fine of one hundred dollars for each day or any portion thereof a violation continues. (B) Violation of any of the provisions of this title following notice to the permittee by the Floodplain Administrator advising of the violation and ordering a cessation thereof, shall constitute a misdemeanor. (C) Violation of any of the provisions of this title may be remedied by injunction or other civil proceeding commenced in the name of the County pursuant to direction by the Board of Supervisors. (D) It shall be a violation of this ordinance to fail to obtain a Floodplain Management Permit when required hereby to do so. 23

27 LAWS NOT ENFORCED. There are many ordinances and other laws applicable to activities permitted under this title which are not sought to be enforced under this permitting process. Such laws include, but are not limited to, building, land grading and erosion control, and land development measures. The issuance of a Floodplain Management Permit shall not be deemed to constitute a representation that the development so permitted or the property upon which such development is occurring complies with such other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a Floodplain Management Permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute. [Exhibit 1 - Areas served by the Sacramento River and Delta levees south of Freeport - attach map.] [Exhibit 2 - Levee Risk Disclosure Declaration attach form ]

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30 Legend Area of proposed FEMA Floodzone ( with estimate base flood elevation) Area of existing FEMA Floodzone ( with current base flood elevation) Provisionally Accredited Levee Area Estimated Base Flood Elevation Rec. District Name 3 GRAND ISLAND 317 LOWER ANDRUS ISLAND 341 SHERMAN ISLAND 349 SUTTER ISLAND 369 LIBBY MCNEIL 407 ANDRUS ISLAND 551 PIERSON DISTRICT 554 WALNUT GROVE 556 UPPER ANDRUS ISLAND 563 TYLER ISLAND 744 ( SOUTH OF FREEPORT) 746 HOOD 755 RANDALL ISLAND 813 EHRHARDT CLUB 1002 GLANVILLE TRACT 1601 TWITCHELL ISLAND 2067 BRANNAN ISLAND 2110 MCCORMACK WILLIAMSON TRACT 2111 DEADHORSE ISLAND Courtland RD 349 SUTTER ISLAND 17 RD Hood RD 746 Hood 23 RD 755 RD 813 RANDALL ISLAND EHRHARDT CLUB 19 RD 551 PIERSON DISTRICT RD 1002 GLANVILLE TRACT 17 RD 3 GRAND ISLAND 16 Locke RD 369 LIBBY MCNEIL 15 RD 2110 MCCORMACK WILLIAMSON TRACT 15 RD 554 Walnut Grove RD 556 UPPER ANDRUS ISLAND 7 15 RD 2111 Dead Horse Island RD 2067 BRANNAN ISLAND 7 Isleton RD 407 ANDRUS ISLAND 7 RD 317 LOWER ANDRUS ISLAND RD 563 TYLER ISLAND 7 RD 1601 TWITCHELL ISLAND 7 7 RD 341 SHERMAN ISLAND Miles 1 inch = 2.25 miles Date: 4/24/09 FEMA Decertification Area North Delta Sacramento County

31 Exhibit 2 RECORDING REQUESTED BY County of Sacramento No Fee per Gov. Code Sec After recording, return to: Mail code Department of Water Resources County of Sacramento, CA Attn: John Houston DECLARATION OF LEVEE RISK DISCLOSURE ASSUMPTION OF RISK AND HOLD HARMLESS COVENANT RUNNING WITH THE LAND This Declaration of Levee Risk Disclosure, Assumption of Risk and Hold Harmless Covenant ( Declaration ) is made as of, 20 by (hereinafter referred to as Declarant ). R E C I T A L S WHEREAS, Declarant is the owner of and desires to construct a new structure or substantially improve an existing structure ( New Construction ) on that certain property more particularly described in Exhibit A attached hereto and incorporated herein (the Property ); and WHEREAS, Declarant expressly acknowledges that the New Construction may be subject to flooding hazards due to its location in a levee protected area; and WHEREAS, Declarant understands that while the levees protecting the subject Property are certified by the Federal Emergency Management Agency (FEMA) as providing 100-year protection to the subject property, those levees are proposed to be de-certified by FEMA subject to pending review; and WHEREAS, deaccreditation of the levees by FEMA would mean that those levees are no longer recognized to provide flood protection to the minimum standards recommended set by FEMA; and WHEREAS, such action by FEMA to deaccredit those levees would place the subject Property in a FEMA Special Flood Hazard Area (SFHA) that identifies the area as being within the 100-year floodplain; and WHEREAS, On March 18, 2009, FEMA issued a letter deaccrediting certain levees within the County and therein set forth a time schedule for approving a new Flood Insurance Rate Map for the area. WHEREAS, the County Board of Supervisors has expressly defined best available information, as used in Chapter 903 of the Sacramento County Floodplain Management Ordinance in those areas served by the

32 LEVEE RISK DISCLOSURE AGREEMENT, APN: Sacramento River and Delta levees south of Freeport, as the Flood Insurance Rate Map (FIRM) upon the effective date of any proposed Map revision. WHEREAS should FEMA map the property in a Special Flood Hazard Area the property will be subject to FEMA flood insurance requirements; and WHEREAS, while flood insurance is currently not required on the property, the County of Sacramento ( County ) strongly recommends that the Declarant obtain flood insurance for the subject New Construction and has informed Declarant that said flood insurance may be significantly less expensive should it be purchased prior to decertification of the levees; and WHEREAS, the County has recommended that the New Construction be constructed in such a way, including elevation and flood resistance, so as to withstand the forces of a levee breach flood event. WHEREAS, the Declarant understands and acknowledges the above information and recommendations made by the County regarding risk, safety, construction, flood insurance costs and requirements; and WHEREAS, Declarant acknowledges the likelihood that Declarant s Property will be placed within an area of special flood hazard for the causes herein stated or other reasons. Declarant nevertheless desires to proceed with the New Construction on the Property, and further acknowledges that were Declarant s Property to be placed within an area of special flood hazard or local flood hazard, that then, Declarant would be required to first obtain a Floodplain Management Permit and at a minimum to elevate new construction on a flood resistant foundation such that the lowest finished floor thereof is at least 18 inches above the base flood elevation in light of a potential levee failure. WHEREAS, despite the potential for flood damage or casualty, Declarant intends to construct the New Construction such that it will not be at least 1.5 feet above the estimated levee failure flood hazard; and WHEREAS, the County has provided notice of potential risks, which information is attached hereto as Exhibit B to this Agreement; and WHEREAS, pursuant to Resolution No approved by the Sacramento County Board of Supervisors on July 24, 2007, the Director of the Department of Water Resources is authorized to execute Levee Risk Disclosure Agreements on behalf of the County in a form approved by County Counsel. WHEREAS, Declarant has been informed by the County that the County is willing to issue a building permit for the New Construction conditioned upon, among other conditions, that Declarant first covenant to hold the County and the Sacramento County Water Agency, their governing bodies, officers, employees and agents free from liability for any harm that may occur to any real or personal property or person by flooding, which covenant shall be recorded, bind successors in any interest to the Property and run with the land. The Declaration shall bind all owners, occupants, visitors and tenants in perpetuity. 2

33 LEVEE RISK DISCLOSURE AGREEMENT, APN: NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit A shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following declarations, limitations, covenants, conditions, restrictions which are inteneded to bind successors to the Property, and to run with the land: 1. The foregoing recitals are true. Declarant understands that the County s granting of a building permit for the New Construction on the Property is conditioned upon recording this Declaration. Declarant, on behalf of all of the record owners of the Property, represents that the foregoing recitals are true in their entirety and that Declarant has carefully reviewed and fully understands the provisions hereof and consents thereto. 2. Flood-Related Property Damage. For purposes of this Declaration, the term flood-related property damage shall mean any property damage due to flooding. 3. Assumption of Risk. Declarant represents and warrants that Declarant is fully aware of the risks involved and of the hazards connected with performing, constructing, occupying and allowing the occupation by other of the New Construction on the Property, including but not limited to flood related property damage, temporary or permanent loss of function of the New Construction (such as access, well, septic, and utility services), and personal injury, including death. Nevertheless, and to the maximum extend allowed by law, Declarant hereby elects to voluntarily assume such risk and proceed with the New Construction with full knowledge that this may be hazardous to Declarant, invitees, occupants, succerssors, and the subject Property. To the maximum extent it is lawful to do so, Declarant voluntarily assumes full responsibility for any risk of loss, property damage, or personal injury, including death, which may be sustained by Declarant, occupants, successors, invitees and the Property, or any loss or damage to property owned by Declarant,occupants, successors, invitees and the Property, as a result of proceeding with the New Construction. 4. Waiver of Property Damage Claims. To the maximum extent permitted by law, Declarant knowingly and unconditionally waives any flood-related property damage claim against the County, the Sacramento County Water Agency, the governing boards of either, their directors, officers, agents or employees in any way arising from the issuance of a permit for the New Construction. Declarant also expressly waives the provisions of California Civil Code section 1542 which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 5. Notice. In the event Declarant sells the New Construction or Property, or grants a tenancy interest in the New Construction or Property, Declarant expressly covenants and agrees to include a copy of this Declaration and the following provisions in the purchase or lease agreement: i. Transferee expressly acknowledges and assumes the risk that the New Construction may be subject to flooding due to its location in an area protected by levees. 3

34 LEVEE RISK DISCLOSURE AGREEMENT, APN: ii. Transferee expressly acknowledges and agrees to be bound by the provisions stated in that certain DECLARATION OF LEVEE RISK DISCLOSURE ASSUMPTION OF RISK AND HOLD HARMLESS COVENANT RUNNING WITH THE LAND or record concerning the Property. iii. Transferee unconditionally waives any flood-related property damage claim asserting liability on the part of the County of Sacramento or its officers, agents or employees premised on the issuance of a permit for the New Construction, whether or not the issuance of this permit is due to the negligence of the County, the Board of Supervisors, or its officers, agents or employees. 6. Indemnification Declarant shall indemnify, defend, and hold harmless the County, the Sacramento County Water Agency, their governing bodies, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys fees, and costs on any appeal, arising out of or resulting from flood related property damage to the New Construction on the Property, and associated personal injury, including death. Declarant intends that the County and the Sacramento County Water Agency, their governing bodies, officers, directors, agents, employees and volunteers be indemnified to the fullest extend permitted by law, and specifically that any negligence on the part of the County or the Sacramento County Water Agency shall not bar indemnity, unless such negligence is found to have been the sole cause of the damage. The term claims as used in this paragraph includes all direct or class actions or subrogation or inverse condemnation lawsuits brought by any person, entity or governmental agency in connection with the County s issuance of a building permit for the New Construction. 7. Severability. If any provision of this Declaration is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect. 8. Attorney s Fees. Declarant agrees that if any legal action is brought to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover reasonable attorneys fees and costs from the nonprevailing party and on appeal. 9. Succession. This Declaration shall be recorded and shown as a covenant on the subject Property and the obligations contained herein shall run with the life of the New Construction and shall bind their respective heirs, assignees and successors in interest. 10. Termination. All of the obligations set forth in this Declaration shall terminate upon the future written agreement between Declarant and the County if if FEMA publishes such a determination on the Flood Insurance Rate Map that the location in which the New Construction is located has 4

35 LEVEE RISK DISCLOSURE AGREEMENT, APN: attained a level of flood protection that removes the subject Property from the Special Flood Hazard Area. IN WITNESS, WHEREOF, this Declaration is deemed effective the day and date first above-written. DECLARANT address address County Counsel Approved as to form: [to be notarized and recorded] 5

36 LEVEE RISK DISCLOSURE AGREEMENT, APN: Applicant: Site Address EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY The New Construction consists of Permit Number The site is generally located at Longitude, Latitude The following described property in the Unincorporated town of, County of Sacramento, State of California: [insert legal description for all real property subject to this Declaration] 6

37 LEVEE RISK DISCLOSURE AGREEMENT, APN: EXHIBIT B NOTICE TO BUILDING PERMIT APPLICANTS REGARDING THE RISK OF FLOODING Applicant: Site Address The New Construction consists of Permit Number DATE The proposed New Construction lies in Zone Shaded X, indicating protection from the 100 year flood on FEMA Flood Insurance Rate Map Panel , dated. The subject parcel is protected from flooding by levees, maintained and operated by reclamation districts. Those districts do not have adequate resources to maintain the levees and to assure certification of flood protection standards under the Code of Federal Regulation 44CFR FEMA has informed the County, in a letter dated March 18, 2009, that the subject area will soon be mapped in a Special Flood Hazard Area. The County considers the site to be prone to potential catastrophic flooding, and recommends elevating the proposed new residential structure on compacted fill and/or sturdy flood resistant foundation. Levee failure can be due to seepage, subsidence, overtopping, erosion, piping, tree and vegetation intrusion, vermin, and earthquakes. Recommended methods of defense against damage due to flooding: Construct building pad embankment/foundation above the potential flood hazard. Construct a sturdy foundation designed to equalize hydrostatic pressures and constructed of water resistant materials supporting a floor that is safely above the flood hazard is the best defense against damage due to such a flood event. Have an emergency action plan in place that includes an evacuation plan and provisions for food, water and other essential materials. Purchase flood insurance for any structure that is potentially subject to flooding, whether or not it is in a designated Special Flood Hazard Area. 7

38 LEVEE RISK DISCLOSURE AGREEMENT, APN: 8

39 ,I L/'--"'" r COUNTY OF SACRAMENTO PUBLIC WORKS AGENCY - WARREN HARADA, ADMINISTRATOR Department of Water Resources Including service to the Cities of Citrus Heights and Elk Grove Keith DeVore, Director C~'1- ~o,bf, :J'\ol,~\.. ~ M\t. TO: FROM: SUBJECT: Board of Directors Sacramento County Water Agency Department of Water Resources March 5, 2002 APPROVED B..QARDOF'DIRECTOR,S.!l,J 1_1:' ~C2 '](0 l.t.j R..,ClIft. ~ 2': By~tbf~~ FEE UPDATED FOR SETTING AND CERTIFYING FLOOR ELEVATIONS IN FLOOD HAZARD AREAS CONTACT: George H. Booth, Senior Civil Engineer, Overview The County of Sacramento Department of Water Resources (SCDWR) currently charges a fee for setting and certifying floor elevations in flood hazard areas. The current fee was established October 22, 1991 with no provisions for future adjustment. Approval of this item would allow for the fee to be updated as shown in Exhibit A and would provide for future adjustments. Recommendation That your Board approve the attached resolution adjusting the fee collected for the service of s.etting and certifying fl.q9r elevatio~s in' flood hazard areas. Fiscal Impact Funding for this service comes directly from the fee paid. If the fee is not adjusted, the service of setting and certifying floor elevations may be supplemented or eliminated. BACKGROUND: An elevation certificate is required for any new construction in a flood hazard area, pursuant to Sectinn 906 of-the Floodplain Management Ordinance. Existing home elevations are oftrn certified to justify reduced flood insurance rates. The property owner may hire any California licensed land surveyor or registered civil engineer. Sacramento County Department of Water Resources (SCDWR) staffwill also provide the surveying and elevation certificate. L! '" Main Office: 827 in Street, Room 301, Sacramento, CA Phone: (916) ; Fax: (916) Field Offices: Drainage Operations and Maintenance Branch Center Road, Sacramento, CA Phone: (916) Water Supply FaCilities Operations and Administration Branch Center Road, Sacramento, CA Phone: (916)

40 Board of Directors, Sacramento County Water Agency March 5,2002 Page 2 of2 The majority of certificates in this County are done by SCDWR staff, estimated at nearly two hundred per year. The current fee for SCDWR staff setting and certifying floor elevations for structures in flood hazard areas was established by Resolution WA 1000 on October 22, 1991 with no mechanism for inflation increases. The fee for new construction and certifying existing homes is currently $395 and $235, respectively. The proposed fees will be adjusted, by the attached resolution, to $453 for new construction and $270 for certification of existing homes. These fees will be adjusted annually at the rate of the fully loaded labor cost for employee classes listed on Exhibit A. DISCUSSION: By approving the attached Resolution, the Board will adjust the fee to more accurately reflect the cost of providing the surveying and certification work required by FEMA. It will also set into place a mechanism for making annual adjustments. Respectfully submitted, APPROVED: Keith De V ore, Director Department of Water Resources Terry Schutten County Executive By: ~--~ Warren H. Harada, Administrator Public Works Agency Attachments. cc. Michael Peterson, George Booth, Bill Owens, John Houston - SCDWR

41 I' Sacramento County Agenda and Record Processing Application Approval List Approval List for Agenda Item Warren H Harada 02/26/2002 Approved Page 1 r I, I: " I' 'I II r rl u fi "!II ~ I, II I I

42 I 1 Board of Directors, Sacramento County Water Agency Adjustment of fee charged for floor elevation certification March 5, 2002 EXHIBIT A A cost analysis is summarized in this Exhibit A using the fiscal year ful~y loaded Public Works Agency labor rates for the classes involved in the surveying and processing of elevation certificates. New construction requires an initial site visit to determine the floodplain and minimum floor elevation requirements and to bring in a survey benchmark. A seco~d site visit is made during the framing process to determine that the home is being built at the proper elevation. A final site visit is made immediately prior to completion of the home to determine that air handling ducts and mechanical equipment are safe from flooding; and that the foundatipn is properly vented to reduce hydrostatic pressures. This certificate must be signed by a registered civil engineer. For certification of existing buildings, only one site visit is required to determine the flood hazard elevation and survey the existing floor elevation. These certificates are typically attached to a letter of map revision request sent to the Federal Emergency Management Agency. This certificate must be signed by a registered civil engineer and FEMA coordination is done by a senior engineering technician.. The following table is the cost of performing these elevation certifications, in fiscal year 2002/2003 dollars: ELEV ATION CERTIFICATE COST New Construction Rate Cost Principal Engineering Technician 6.00 hr $ $ 432 Associate Civil Engineer 0.25 hr $ $ 21 TOTAL $ 453 Certif}! Existing Buildings Principal Engineering Technician 3.00 hr $ $ 216 Associate Civil Engineer 0.25 hr $ $ 21 Senior Engineering Technician 0.50 hr $ $ 33 TOTAL $ 270 The current rates were set on October 22, 1991 at $395 for new construction and $235 for certifying existing buildings. The above adjustments are an increase of 15% over the original amounts to $453 and $270, respectively. Future 'adjustments shall be made annually based on the increase in the fully loaded labor rates, rounded to the nearest dollar. C:\DOCUME-1\ROMOFAYE\LOCALS-1 \TEMP\346-1.DOC

43 SACRAMENTO COUNTY WATER AGENCY RESOLUTION NO..~ WA-2465 REVISE FEE FOR CERTIFYING FLOORS IN FLOOD HAZARD AREAS BE IT RESOLVED AND ORDERED by the Board of Directors of the SACRAMENTO COUNTY WATER AGENCY, a district organized under the laws of the State of California, that the fee for surveying and certifying home elevations in flood hazard areas shall be increased from those authorized on October 22, 1991 by Resolution WA 1000, to reflect additional requirements of the Federal Emergency Management Agency and current labor costs. The fees for certifying new construction shall be $ and the fee for certifying existing homes shall be $ beginning on May 1,2002. These fees shall be adjusted annually on or about each subsequent January 1 st by the adjusted amount of the fully loaded hourly labor rates for that fiscal year. N i'e 110 ON A MOTION by Director _C=o...,l'-'-l...:,.i.=n, and seconded by Director, the foregoing resolution was passed and adopted by the Board of Directors of the Sacramento County Water Agency, State of California, this 5th Ma rc h I 2002, ~~~x. by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Directors, Directors, Directors', Directors, Cg litn, Nie 110, Notto li None DtckinsQn~ None- Johnson day of In 8UQt'dance willi SecIIoa of tile Government Code of!be State of California a copy of the document bas bebii delivered to the Chainnall "!be BoanI of Supervisots. CouRlJ of Sacramento 01 MAR t a, (,*1;... ~,.J ATTEST:~~ Deputy Clerk of the Board of Supervisors ofsacr no County, California, and ex officio SecretafY of the Board of Directors of Sacramento County Water Agency Chairman of the Board of Directors of the Sacramento County Water Agency, a district organized under the laws of the State of California FilE -D MAR

44 COUNTY OF SACRAMENTO MUNICIPAL SERVICES AGENCY - CHERYL CRESON, ADMINISTRATOR 26 Department of Water Resources inc:luding service to the Cities ojcitm,v Heights, Elk Grave and Rancho Cordova Keith DeVore. Director TO: FROM: SUB.JECT:.':., Board of Directors Sacramento County Water Agency Department of Water Resources BY RESOLUTION #,':} CO BOARD OF SIJP!RVlSORS ~.2004 ~ By. Jt/. '-/UA.~ CieI'kOtile Board October 26, 2004 Resolution Authorizing The Director Of Water Resources To Execute Hold Harmless Agreements For Swimming Pools Constructed Below The Base Flood Elevation CONTACT: George H. Booth, Senior Civil Engineer (916 ) Overview Section (E) of the Floodplain Management Ordinance (SCZ ) requires that swimming pools be constructed at or above the Base Flood Elevation (BFE). unless a hold harmless agreement is executed with the property owner. Application and administration of the floodplain Management Ordinance is ~he responsibility of the Department of Water Resources. Historically. each of these hold harmless agreements has gone to the Board of Supervisors for resolution and signature by the Chair, while the property owners endured a lengthy period awaiting the approval. Allowing the Director of the Department of Water Resources to approve these agreements will be more efficient, saving time and money. Recommendations I. That the Board of Supervisors approve a resolution authorizing to the Director of the Department of Water Resources to execute hold harmless agreements for swimming pools proposed to be constructed below the BFE. 2. That tjle Board of Directors of the Sacramento County Water Agency (SCWA) approve a resolution authorizing the Director of the Department of Water Resources to execute hold hannless agreements for swimming pools proposed to be constructed below the BFE and to collect a fee for this service, to be updated ann ual\y based on the fully loaded labor rate for employee classes listed on Exhibit MeasureslEvaluation Measures/Evaluation are not applicable to this agenda item. Fiscal Impact The current fee of $325 is proposed to be increased to $393 for this service and will be accounted for in Zone 13 of the SCWA. Main Office: 8277,n Street, Room 301, Sacramento, CA Phone: (916) Fax: (916) Field Offices: Drainage Operations and Maintenance Branch Center Road, Sacramento, CA Phone: (916) Water Supply Facilities Operation and Admin Branch Center Road, Sacramento, CA Phone: (916)

45 Board of Supervisors Board of Directors October 26, 2004 Page 2 of2 BACKGROUND: Section (E) of the Sacramento County Floodplain Management Ordinance requires that swimming pool decks be constructed at or above the Base Flood Elevation (BFE), unless the property owner enters into a hold-hannless agreement. Such agreements indemnify the County, the Sacramento County Water Agency, and staff from claims of liability and damages. They are recorded with the subject property, and binding to heirs, assigns, and successors of interest in the property. The Department of Water Resources has been collecting a fee for processing these agreements. This fee is currently $325. Processing each of these agreements individually through County Counsel and the Board is inherently inefficient and it is likely that this amount has been inadequate recovery to off-set the actual processing costs. DISCUSSION: The vast majority of swimming pools are constructed above the BFE and only a small number of property owners elect to construct at a lower elevation and to enter into a hold-harmless agreement. In these cases it is prudent to inform the current and future users of the property of the risk and to not place the burden with the County or the Water Agency. Because the staff of the Department of Water Resources is responsible for infonning the public of flood hazards and for administration of the Floodplain Management Ordinance, it is appropriate that the Director of the Department of Water Resources be given full authority to enter into these hold-harmless agreements on behalf of the County. This will not only reduce paperwork to the Board and to County Counsel, but also and just as important, the property owner wiii process a swimming pool permit in a more timely manner. It is recommended that a fee, previously authorized in 1991 by WA 1000, continues to be collected and periodically updated to allow the Department of Water Resources to process such hold harmless agreements. The fee is proposed to be increased from the current $325 to $393 (Exhibit 1), and will be accounted for in Zone 13 of the Sacramento County Water Agency. County Counsel has approved this item as to form. Respectfully submitted, :k&q~ Keith DeVore, Director Department of Water Resources APPROVED: Terry Schutten County Executive Attachments: Resolutions - Water Agency and County Exhibit I C: Ted Thatcher, Bill Owens, John Houston, Bill Forrest, Mark Rains, Dawn Lee, Michael Peterson - DWR Ray Thompson - County Counsel By: Cheryl Creson, Administrator Municipal Services Agency

46 Sacramento County Agenda and Record Processing Application Approval List Approval List for Agenda Item Cheryl Creson 10114/2004 Approved Page 1

47 Exhibit 1 Fee for Processing Hold Hannless Agreements for Swimming Pools Labor Rates Hours eff: 7/1/04 Cost Principal Engineering Technician 3.00 $ $ 229 Associate Engineer 0.50 $ $ 46 Senior Engineer 0.50 $ $ 50 Director 0.50 $ $ 67 Total (including 1 site visit) 4.50 $ 393 Fee for processing, fiscal year 2004/2005, shall be a lump sum of$393. This fee will be adjusted annually at the rate ofthe fully loaded labor cost for employee classes listed on Exhibit 1.

48 RESOLUTION NO Hold-Harmless Agreements for Swimming Pools Constructed Below The Base Flood Elevation WHEREAS, the Sacramento County Floodplain Management Ordinance, SCZ was adopted on November 23, 1993 to promote public safety from the perils related to flooding; WHEREAS, Section (E) of the Floodplain Management Ordinance requires that swimming pools be constructed at or above the Base Flood Elevation, unless a hold harmless agreement is executed with the property owner; WHEREAS, a hold-harmless agreement shall indemnify the County and is a recorded instrument that goes with the property title and transfers to subsequent owners, and includes understanding that the flood risk will be disclosed to all tenants and that they too will hold the County harmless; WHEREAS, property owners are informed of the flood risk but desire to construct a swimming pool below the Base Flood Elevation and to willingly enter into a recorded hold hanniess agreement; and WHEREAS. these hold harmless agreements are approved on a case-by-case basis. NOW, THEREFORE, the Board of Supervisors, COWlty of Sacramento, resolves and detennines that the Director of the Department of Water Resources is authorized to execute holdhannless agreements, in a form acceptable to County Counsel, for swimming pools that are to be constructed below the Base Flood Elevation.

49 On a motion by Supervisor Nottoli, seconded by Supervisor Niello the foregoing resolution was passed and adopted by the Board of Supervisors of the County of Sacramento. State of California, this 26th,day of October, 2004 with the following vote, to wit: AYES: NOES: ABSENT: Supervisors, Supervisors, Supervisors, Niello, Nottoli. Johnson None Collin, Dickinson ~f?~ Chair of the Board of S pervlsors of Sacramento County, California In accorllance 1'111~ S9cliOJl of tile GOI'ernment Code of the State of Califosnia copy of 1M dowment has been delivered 10 the Chairman of tile Boanl of Supervisors, CoullI)' of Sacramento on 0C1 Z ~ 2OO't ~F...d&JUn FILE:) OCT I F

50 SACRAMENTO COUNTY WATER AGENCY RESOLUTION NO. WA :.:.:;.:...~=----- Hold-Harmless Agreements for Swimming Pools Constructed Below The Base Flood Elevation WHEREAS, the Sacramento County Floodplain Management Ordinance, SCZ was adopted on November 23, 1993 to promote public safety from the perils related to flooding; WHEREAS, Section (E) of the Floodplain Management Ordinance requires that swimming pools be constructed at or above the Base Flood Elevation, unless a hold harmless agreement is executed with the property ov'vner; WHEREAS, a hold-hannless agreement shall indemnify the Sacramento County Water Agency and the County and is a recorded instrument that goes with the property title and transfers to subsequent owners, and includes understanding that the flood risk will be disclosed to all tenants and that they too will hold the County hannless; WHEREAS, property owners are informed of the flood risk but desire to construct a swimming pool below the Base Flood Elevation and to willingly enter into a recorded hold hannless agreement~ WHEREAS, these hold hannless agreements are approved on a case-by-case basis; and WHEREAS, Resolution W AIOOO authorizes the collection of a fee tor this service and this fee must be periodically adjusted to accurately recover the associated costs. BE IT RESOLVED AND ORDERED that the Chair of the Board of Directors be and is hereby authorized and directed that the Director of the Department of Water Resources is authorized to execute hold-han111ess agreements, in a t0l111 acceptable to County Counsel. for swilluning pools that are to be constructed below the Base Flood Elevation, and to collect a processing fee of $393, to be adjusted annually at the rate of the fully loaded labor cost for the employees involved.

51 ON A MOTION by Director _.;;.;N..:;..o..:;..tt;:.;o:..;;;l:;;:f:-. and seconded by Director N_i_e_l_l_o, the foregoing resolution was passed and adopted by the Board of Directors of the Sacramento County Water Agency, State of California, this 26th day of October by the following vote, to wit: AYES: Directors. Niello. Nottoli. Johnson NOES: Directors, None ABSENT: Directors. Collin. Dickinson ABSTAIN: Directors, None acramento County Water Agency, a district organized under the laws of thp. ~t::jte of.ca1if~~. ATfEST: _~~q.u...l.:ll.::~~-:l::=.~=oard of Supervisors of Sacramento County, California and Ex officio Secretary of the Board of Directors of the Sacramento County Water Agency :, itll!ll:!lllfllne...!dnt25f03ofihegomnmen!code:: ;'; )LIl! \;!!'1Jlf~ 11I0py oftltdgl:umenllias beer ~, MaIrID"CIIIimIID_ OCT 2 6 ~ "lit< :;,:::.:0. <MateM(~,,"CIsrk.. "", '.:, F'l E D... OCT 2 6 ZOO;

52 Recorded at Request of County of Sacramento After Recording Return to: John Houston Public Works Agency County of Sacramento 827 Seventh Street, Room 301 Sacramento, CA AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS [Hold Harmless] This Agreement for Construction Within Flood Hazard Areas ("Agreement") is made and entered into this day of, 20, between the County of Sacramento, a political subdivision of the State of California ("County"), and the Sacramento County Water Agency, a statutorily created district operating under the authority of and pursuant to the provisions of the Sacramento County Water Agency Act (California Water Code -Appendix Chapter 66, commencing at Section 66-1 et seq.) ("Agency") and JqMina 'Jfu1e bqe~hti.s1)fu1a!fu1d; Wife ("Owner") with reference to the following facts: WHEREAS, Owner is the recorded owner or owners of the real property located in the County of Sacramento, State of California, commonly known as l$treefaddress, tity,' CAztp] (APN: Y#NH,i&'), being more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Subject Property"); and WHEREAS, The Subject Property is located in a federal special flood hazard area or local flood hazard area, as defined in Sacramento County Ordinance No. SZC ; and t! L _ WHEREAS, Owner desires to undertake the following new COIlsmUCIl.on, or other on the. ect j.lrf1,na,t'ht WHEREAS, Sacramento County has indicated that the base flood water surface elevation is ##, approximately ## feet over the proposed pool deck; and WHEREAS, in Ordinance No. SZC , the County has established standards for the Activity described above to minimize public and private losses and damages due to flooding; and WHEREAS, Owner nevertheless desires to undertake the Activity described above without complying with the standards established in Ordinance No. SZC , and County is willing to allow such Activity subject to the terms of this Agreement; and

53 WHEREAS, it is the intention of County, Agency and Owner that this Agreement be recorded and be a covenant running with the land, binding successors in interest ofthe Subject Property. NOW, THEREFORE, in consideration of the mutual promises contained herein, County, Agency and Owner agree as follows: Section 1. Subject to the terms hereof, County and Agency shall allow the Activity without requiring compliance with the standards established in Ordinance No. SZC County and Agency shall require compliance, and Owner shall comply, with all other applicable laws. Section 2. Owner, their heirs, assigns, or successors in interest understands, acknowledges and assumes the risk that the Activity, before and after its completion, may be subject to property damage caused by flooding. Owner, its heirs, assigns, or successors in interest further understands, acknowledges and assumes the risk that persons or property on or around the Subject Property may be injured or damaged due to flooding. Section 3. Owner, its heirs, assigns, or successors in interest unconditionally waives any claim of liability on the part of Agency and County, its Board of Supervisors, Directors, officers, agents and employees for flood-related property damage or personal injury premised on the allowance or permitting of the Activity by County or Agency. Section 4. Owner, its heirs, assigns, or successors in interest shall indemnify, defend and hold harmless the Agency and County, its Board of Supervisors, Directors, officers, employees and agents from and against any and all costs, expenses, damages, attorneys fees and liabilities that arise out of, or are alleged to arise out of, flood-related property damage or personal injury premised on the allowance or permitting of the Activity by County or Agency. Section 5. Any notice or other communication to be given to any party pursuant to this Agreement shall be given by delivering same in writing to the parties at the addresses set forth below: County and Agency: Senior Civil Engineer, Drainage Development County of Sacramento Department of Water Resources 827 Seventh Street, Room 301 Sacramento, CA Owner: Narhe ~ddress Such notice shall be deemed given when deposited into the United States mail, postage prepaid, addressed to the parties at the addresses above. Nothing shall preclude the giving of personal notice. Either party may change the notice address by giving notice thereof as herein 'provided.

54 Section 6. This Agreement and the obligations contained herein shall run with the SUbject Property and shall be binding on the heirs, assigns, and successors in interest of the Owner. Section 7. This Agreement shall be recorded with the Sacramento County Recorder and prior to any lease, sale, transfer, or conveyance of any portion of the subject property, Owner and their successors, shall provide a copy of this Agreement to the prospective lessee, buyer, transferee, or one to whom the conveyance is made. Section 8. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect. Section 9. If any legal action is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party. Section 10. This instrument and Exhibit "A" constitute the entire Agreement between the parties concerning the subject matter hereof. Modifications or amendments shall be in writing and executed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. SIGNATURE Director ofthe Sacramento County Department of Water Resources on behalf of the County of Sacramento and the Sacramento County Water Agency pursuant to County Resolution No.: and SCW A Resolution No.: WA-2568 SIGNATURE ("Owner") L NAME SIGNATURE ("Owner") NAME SIGNATURE OF OWNER(S) MUST BE NOTARIZED Approved as to form by Deputy County Counsel,

55 L EXHIBIT" A" Legal Description of Property A.ddfess~a~scription [E.g., ALL THAT REAL PROPERTY situated in the County of Sacramento, State of California being Lot as shown on Parcel Map entitled" ", recorded in the office ofthe County Recorder of said County on in Book of Maps, Page.] A ssessor 'P s arce IN urn b er:f/ #,#,##""#~",,,'i"; 7riF7HHdlltt

56 RECORDING REQUESTED BY County of Sacramento No Fee per Gov. Code Sec After recording, return to: Mail code Department of Water Resources County of Sacramento, CA Attn: Mark Rains DECLARATION OF LAND RESTRICTION FOR CERTAIN STRUCTURES IN THE FLOODPLAIN This DECLARATION made this 9 th day of July, 2007, by ("Applicant") regarding proposed project at (address): [streefaddr~ss,citir,.caiipj RECITALS WHEREAS, "Applicant" is the record owner of that certain real property located at [street apd... es~"cityl~ Sacramento County, California more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, Applicant has applied for a permit to construct a structure property that is below th, Base Flood Elevation, as defined in the County Floodplain Management Ordinance, ("Ordinance") under Permit # ("Permit"); and WHEREAS, the County has agreed to record this DECLARATION and certifies and declares h~ the following covenants, conditions and restrictions are placed on the affected property as a condition of granting the Permit, and affects rights and obligations of the Applicants and shall be binding on the Applicants as Owners, their heirs, personal representatives, successors and assigns. UPON THE TERMS AND SUBJECT TO THE CONDITIONS, as follows: 1. The structure or part thereof to which these conditions apply is described as: home constructed more than 5' above LAG in order to achieve minimum floor requirements The Base Flood Elevation is feet and the proposed floor elevation is feet and the lowest adjacent grade elevation is _feet, NGVD

57 I~ As such, there is a significant volume of foundation space below the Base Flood Elevation which is subject to flooding and that space may only be used for incidental storage or vehicle parking 2. This structure has been allowed in full compliance with the elevation requirements of the Ordinance. The area below the base flood elevation may not be converted to habitable space in the future unless there is a change in the County Zoning Code or the flood zone designation for the property at sometime in the future and the building is subsequently brought into full compliance with the Sacramento County Zoning Ordinance and permitted as such. 3. Enclosed areas below the Base Flood Elevation shall be used solely for parking of vehicles and limited storage. All interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished and constructed of flood resistant materials. No mechanical, electrical, or plumbing devices shall be installed below the Base Flood Elevation except incidental light fixtures for safety. 4. The walls ofthe enclosed areas below the Base Flood Elevation shall be equipped with at least two vents (not including doors or glazing) which permit the automatic entry and exit of floodwater with total openings of at least one square inch for every square foot of enclosed area below flood level. The vents shall be on at least two different walls, and the bottom of the vents shall be no more than one foot above grade. All construction must be of flood resistant materials adequately anchored to withstand hydrostatic and velocity forces of flood waters. 5. Nothing stored or placed below the base flood elevation shall be considered insured under the National Flood Insurance Program. 2

58 6. Any alterations or changes from these conditions constitute a violation of the Permit and the jurisdiction issuing the Permit and enforcing the Ordinance may take any appropriate legal action to correct any violation. 7. Other conditions: IN WITNESS, WHEREOF, this DECLARATION OF LAND RESTRICTION is deemed effective the day and date first above-written. "APPLICANT" Signature Signature Name Name Address: County Counsel Approved as to Form R. Parrish I~' - P:\Shared Folders\DRAINDEWIOLD HARMLESS AGREEMENTS\Areas below BFE for structures raise more than S'\tempate.doc 3

59 EXHIBIT "A" Legal Description of Property Street address, city, CA zip the following described property in the City of SACRAMENTO, County of SACRAMENTO State of California; [describe parcel and location of building] Assessor~ Parcel Number: ###-####-#### Proposed House Latitude N ##0 ##' ##.##" DMS Proposed House Longitude W ###0 ##' ##.##" DMS 4

60 Technical Bulletin Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding in accordance with the National Flood Insurance Program FEDERAL EMERGENCY MANAGEMENT AGENCY MITIGATION DIRECTORATE FIA-TB-10 (5/01)

61 Key Word/Subject Index This index allows the user to locate key words and subjects in this Technical Bulletin. The Technical Bulletin User s Guide (printed separately) provides references to key words and subjects throughout the Technical Bulletins. For definitions of selected terms, refer to the Glossary at the end of this bulletin. Key Word/Subject Index Page Basement construction, engineered option 19 Basement construction, simplified approach 15 Basement foundation in fill, not recommended 9 Basement foundation in fill, vulnerability to subsurface flooding 1, 9 Basement foundation, in fill placed above BFE 10 Basement foundation, with lowest floor at or above BFE 10 Basement foundation, with lowest opening above BFE 11 Basement foundation, with lowest opening at BFE 12 Community permitting, administrative options for 5 Crawlspace foundation 7 Fill, placed to remove land from the SFHA 1 Fill, areas where prohibited 3 Fill, proper placement of 5 Foundation flood risk, summary table 13 Freeboard, recommendations 6 Insurance coverage for basement flooding, restrictions 9 Professional certification 4 Professional certification, sample form 4 Reasonably safe from flooding, defined 2 Reasonably safe from flooding, NFIP regulations concerning 2 Slab-on-grade foundation 8 Stem wall foundation 7 Sump pump, requirements for simplified basement construction 15 Any comments on the Technical Bulletins should be directed to: Federal Emergency Management Agency Mitigation Directorate Program Policy and Assessment Branch 500 C Street, SW. Washington, DC Wave design on cover based on the Japanese print The Great Wave Off Kanagawa, by Katsuchika Hokussai ( ), Asiatic Museum of Fine Arts, Boston.

62 TECHNICAL BULLETIN Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding in accordance with the National Flood Insurance Program Introduction For the purpose of administering the National Flood Insurance Program (NFIP), FEMA identifies and maps flood hazard areas nationwide by conducting flood hazard studies and publishing Flood Insurance Rate Maps (FIRMs). These flood hazard areas, referred to as Special Flood Hazard Areas (SFHAs), are based on a flood having a 1-percent probability of being equaled or exceeded in any given year (also referred to as the 100-year flood or Base Flood). Structures within the SFHA in a community participating in the NFIP are subject to floodplain management regulations that impact building standards and are designed to minimize flood risk. For example, Title 44, Part 60, Section 3(c)(2) of the Code of Federal Regulations abbreviated as 44 CFR 60.3(c)(2) requires that the lowest floor of a residential structure, including basement, built within the SFHA be at or above the Base Flood Elevation (BFE). In addition, flood insurance must be purchased for these structures if they are used as collateral to secure a loan provided by a federally regulated lender. Flood insurance coverage may be purchased for all eligible structures within a participating community. Insurance rates for structures located within the SFHA differ from the rates for structures located outside the SFHA. When permitted under applicable Federal, state, and local laws, ordinances, and regulations, earthen fill is sometimes placed in an SFHA to reduce flood risk to the filled area. Under certain conditions, when engineered earthen fill is placed within an SFHA to raise the surface of the ground to or above the BFE, a request may be submitted to FEMA to revise the FIRM to indicate that the filled land is outside of the SFHA. When such revisions are warranted, FEMA usually revises the FIRM by issuing a Letter of Map Revision based on fill (LOMR-F). After FEMA has revised the FIRM to show that the filled land is outside the SFHA, the community is no longer required to apply the minimum NFIP floodplain management standards to any structures built on the land and the mandatory flood insurance purchase requirements no longer apply. It is worth noting that states and local communities may have floodplain regulations that are more restrictive than the minimum requirements of the NFIP and may continue to enforce some or all of their floodplain management requirements in areas outside the SFHA. Although a structure built on a site that has been elevated by the placement of fill may be removed by FEMA from the SFHA, the structure may still be subject to damage during the Base Flood and higher-magnitude floods. Constructing the entire structure at or above the level of the BFE will minimize the flood risk from the Base Flood and is therefore the most prudent approach to constructing on fill. Conversely, a structure with a basement (subgrade area) adjacent to or near the floodplain may well be impacted by subsurface flooding brought on by surface flooding. 1

63 This bulletin provides guidance on the construction of buildings on land elevated above the BFE through the placement of fill. Several methods of construction are discussed, and the most prudent those that result in the entire building being above the BFE are recommended. In some areas of the country, basements are a standard construction feature. Individuals may wish to construct basements on land after it has been removed from the floodplain by a FEMA revision. Buildings with basements built in filled areas are at an added risk of flooding when compared to buildings on other types of foundations. However, there are two major ways to minimize this additional risk from subsurface flooding. First, the building should be located farther back from the edge of the fill closest to the flooding source. Second, the higher the basement floor is elevated, the less the risk. This technical bulletin provides guidance on how to determine that these buildings will be reasonably safe from flooding during the occurrence of the Base Flood and larger floods. To be reasonably safe from flooding during the Base Flood condition, the basement must (1) be dry, not have any water in it, and (2) be structurally sound, not have loads that either exceed the structural capacity of walls or floors or cause unacceptable deflections. In practice, this means that soils around the basement must have low permeability to minimize or stop water infiltration to the basement wall and floors. Any water that does permeate to the basement must be removed by a drainage layer on the outside (soil side) of the basement. In addition, the foundation walls and floor slab must be designed and constructed for any increased loads that may occur during the Base Flood condition. NFIP Regulations Part of a community s application to participate in the NFIP must include a commitment to recognize and duly evaluate flood hazards in all official actions in the areas having special flood hazards and to take other such official actions reasonably necessary to carry out the objectives of the program [44 CFR (a)(8)]. NFIP regulations at 44 CFR 60 include Subpart A: Requirements for Flood Plain Management Regulations. Each community participating in the NFIP adopts a floodplain management ordinance that meets or exceeds the minimum requirements listed in 44 CFR 60. Subpart A establishes specific criteria for determining the adequacy of a community s floodplain management regulations. The overriding purpose of the floodplain management regulations is to ensure that participating communities take into account flood hazards, to the extent that they are known, in all official actions relating to land management and use. One of the minimum requirements established by the regulations is set forth at 44 CFR 60.3 (a)(3), which states that, for all proposed construction or other development within a participating community, the community must Review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. 44 CFR 59.1 defines development as 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 operation or storage of equipment or materials, 2

64 Warning Construction of a residential building in an identified SFHA with a lowest floor below the BFE is a violation of the floodplain management requirements set forth at 44 CFR 60.3(c)(2), unless the community has obtained an exception to NFIP requirements from FEMA and has approved procedures in place. By issuance of this Technical Bulletin, FEMA is noting that residual flood hazards may exist in areas elevated above the BFE by the placement of engineered earthen fill. Residual risks in these areas include subsurface flood conditions and flooding from events that exceed the base flood. This bulletin is intended to guide local floodplain management officials in determining whether structures placed in filled areas are reasonably safe from flooding. FEMA will require that the jurisdiction having authority for floodplain management determine that an area is reasonably safe from flooding before removing it from the SFHA. Floodways, V Zones, and Alluvial Fan Flood Hazard Areas This bulletin does not apply to the following: Construction in the floodway. The NFIP prohibits encroachments into the floodway that would cause increases in flood stage. Construction in SFHAs designated Zone V, VE, or V1-V30 on FIRMs. The NFIP prohibits the use of structural fill for support of buildings in V zones. Buildings constructed in a V zone must be constructed on an open foundation consisting of piles, piers, or posts and must be elevated so that the bottom of the lowest horizontal structural member is at or above the BFE. In addition, this bulletin strongly recommends that structural fill not be used to elevate buildings constructed in A zones in coastal areas. Detailed guidance concerning proper construction methods for buildings in coastal areas is presented in FEMA s Coastal Construction Manual (FEMA 55) and in NFIP Technical Bulletin 5, Free-of-Obstruction Requirements. Construction in SFHAs subject to alluvial fan flooding (designated Zone A0 with depths and velocities shown on FIRMs). The NFIP will not remove land from the floodplain based on the placement of fill in alluvial fan flood hazard areas. More Restrictive State and Local Requirements NFIP Technical Bulletins provide guidance on the minimum requirements of the NFIP regulations. State or local requirements that exceed those of the NFIP take precedence. Design professionals should contact community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must be met for any building in a flood hazard area. 3

65 Notes for Local Officials Professional Certification As required by state and local floodplain management ordinances, a proposed development must be determined to be reasonably safe from flooding. The official having the authority to make this determination should require all appropriate information for making the determination. This may include a certification by a qualified design professional that indicates the land or structures to be removed from the SFHA are reasonably safe from flooding, according to the criteria described in this technical bulletin. Such a professional certification may come from a professional engineer, professional geologist, professional soil scientist, or other design professional qualified to make such evaluations. A sample of such a certification is shown in Figure 1. Project Name and Address I, certify that the design for the aforementioned development is reasonably safe from flooding in accordance with the guidance provided within FEMA s Technical Bulletin related to ensuring that structures are reasonably safe from flooding and in accordance with accepted professional practices. Signature Date Title Type of License License Number Address and Phone Professional Seal License Expiration Date Figure 1 Sample of professional certification form. 4

66 Administrative Options for Community Permitting Communities may choose a variety of administrative procedures to assist them in gathering information that can be used to determine whether a proposed development is reasonably safe from flooding. Communities are encouraged to establish procedures that alert them to potential future development of a filled area. These procedures should allow for the evaluation of future development and a means to determine whether it will be reasonably safe from flooding. The following are examples of such procedures: Require building sites to be identified on final subdivision plats and evaluate those building sites against the standards described in this Technical Bulletin. Require grading plans as a condition of issuing fill permits and require that those grading plans include building sites, and evaluate those building sites based on this Technical Bulletin. Require buffer zones or setback zones around the perimeter of fill pads or at the edge of the floodplain and establish construction requirements within these buffer zones to ensure that buildings are safe from residual risk. Require as a condition of final subdivision plat approval that the developer agree that no basements will be built in any flood areas. Adopt or have regulations that control development of areas immediately adjacent to floodplains that would ensure that any construction is reasonably safe from flooding. For example, under the Minnesota State Building Code, communities designate areas outside of the floodplain as Secondary Flood Hazard Areas where building officials evaluate plans for basements and can require modifications to the basement if an official believes there is a residual risk. When issuing a permit for the placement of fill only in the SFHA, stipulate that no buildings will be built on the site without a subsequent building permit. Placement of Fill Properly placing fill requires an understanding of soil mechanics, local site conditions, the specific characteristics of the soils being placed, the methods used to place and compact the fill, and soil testing procedures. Standard engineering and soil mechanics texts cover these subjects in detail. The performance of these filled areas should consider, but is not limited to, the following: the consolidation of the fill layers and any underlying layers the effect of this consolidation on either excessive settlement or differential settlement how the permeability of the soils affects water infiltration on any structures built on the site 5

67 Loss of Storage and Conveyance The placement of fill in the SFHA can result in an increase in the BFE by reducing the ability to convey and store flood waters. This can result in increased flood damage to both upstream and downstream properties. To prevent these possible results, some communities prohibit fill, require compensatory storage for filled areas, and/or identify a more restrictive floodway. Risk of Flood Damage in Areas Adjacent to the SFHA Areas adjacent to the SFHA may have residual risks of flood damage similar to those in areas removed from the SFHA through the placement of fill. Both areas are subject to residual risk from subsurface water related to flooding and from floods greater than the Base Flood. Methods of construction discussed in this bulletin should also be used in these areas. Building on Land Removed From the SFHA by the Placement of Fill The safest methods of constructing a building on filled land removed from the SFHA are those that result in the entire structure being above the BFE. Methods that place the lowest floor of the building at, rather than above, the BFE are at greater flood risk, and methods that result in the lowest floor (including a basement floor) below the BFE have the highest flood risk of all. Placement of the lowest floor of these structures below the BFE, even through they are outside the SFHA, will result in an increased threat from subsurface flooding and magnified damages from flooding that exceeds the BFE. Freeboard Freeboard is an additional height used as a factor of safety in determining the elevation of a structure, or floodproofing, to compensate for factors that may increase the flood height (ASCE 24-98, Flood Resistant Design and Construction). When fill is used to protect buildings from the Base Flood, the community should consider whether freeboard should be required. This consideration should include whether better information exists or conditions have changed (from when the BFE was originally established) that indicate that the BFE may be higher than originally expected. One example of when the BFE may be higher is when a culvert or bridge is blocked by debris. Flood modeling assumes an open channel or culvert. Even when the BFE is not expected to be higher, freeboard may be appropriate to provide increased protection from flood events less frequent than the Base Flood or to account for future changes that may increase the BFE. The foundation types for buildings outside the SFHA described in the following sections are listed in order of their increasing risk of flood damage. 6

68 Non-Basement Foundations Non-basement foundations consist primarily of stem wall, crawlspace, and slab-on-grade foundations. Stem Wall Foundation A stem wall foundation can be used to raise the lowest floor above the surrounding grade. After the stem walls have been constructed and extended to the desired elevation, the area enclosed by the stem walls is filled with engineered compacted fill and a slab is poured on top (see Figure 2). Through the placement of additional fill, the site may be elevated above the BFE. This approach provides freeboard an additional amount of elevation that helps protect against subsurface flooding and floods that exceed the Base Flood. Constructing a stem wall foundation and placing this additional fill on the site provide the highest level of flood protection. Figure 2 Structure on a stem wall foundation. The lowest floor is raised above the BFE. The space enclosed by the stem walls is filled with engineered compacted fill. Crawlspace Foundation Constructing a crawlspace beneath the first floor will raise the lowest floor of the structure above the surrounding grade (see Figure 3). Openings in the foundation walls are recommended. If flooding reaches the building, the openings allow flood waters to enter the area below the lowest floor and equalize the hydrostatic pressure on the foundation walls (see NFIP Technical Bulletin 1, Openings In Foundation Walls). The crawlspace alternative is less preferable than stem wall construction, which does not result in an enclosed area under the first floor and therefore requires no flood openings. Placing additional fill to a level above the BFE provides freeboard that helps protect against subsurface flooding and floods that exceed the Base Flood. Constructing a crawlspace foundation and placing additional fill on the site provide increased flood protection. 7

69 Figure 3 Structure on a crawlspace foundation. The lowest floor is raised above the BFE. Openings in the foundation walls allow water from floods higher than the fill elevation to enter the crawlspace and equalize the pressure on foundation walls. Slab-On-Grade Foundation This method normally provides less flood protection than crawlspace construction because it does not elevate the house above the adjacent grade (see Figure 4). As a result, the lowest floor of the house can be as low as the BFE and would be inundated by any flood greater than the BFE. Placing additional engineered fill beneath the building to a level above the BFE would provide freeboard and therefore increased flood protection. Figure 4 Structure on a slab-on-grade foundation. The lowest floor is typically slightly higher than the surrounding grade. 8

70 Basement Foundations Although basements are a desired feature in some areas of the United States, NFIP minimum requirements generally do not allow their construction in the SFHA, because of the increased risk of flood damages. The only instances where this is not the case are buildings for which FEMA has granted a special exemption to allow floodproofed basements. However, once land is removed from the SFHA through a map revision, these NFIP minimum requirements no longer apply. As a result, builders and property owners who build on land removed from the SFHA sometimes elect to install basements, which are at a higher risk of flood damage than the foundation types described previously. Constructing a basement on such land is not recommended, because the basement (i.e., lowest) floor and portions of the basement walls may well be subjected to subsurface flooding. The basement may therefore be subject to seepage and lateral hydrostatic and uplift pressure caused by high groundwater levels associated with flooding in surrounding areas. Additionally, when flooding exceeds the BFE, the basement area may be totally inundated with floodwater. When builders and homeowners decide to accept the additional risk associated with basement construction on filled land, they need to ensure that the basement and the rest of the house are reasonably safe from flooding. Warning In filled areas adjacent to floodplains, floods can still greatly influence the groundwater at the filled site. High groundwater at a site with a basement can result in water infiltrating the basement or greatly increased hydrostatic pressures on the walls and basement slab that can cause failure or permanent deformation. Even when floods have not reached houses with basements, FEMA has seen numerous examples of flooded basements, bowed basement floors, and collapsed basement walls that have resulted from the effects of high groundwater caused by flooding. In addition, the collapse of flooded basements has also occurred when water is rapidly pumped from basements surrounded by saturated soils whose pressure exceeds the capacity of the basement walls. Flood Insurance Coverage for Basements It is extremely important to note that the NFIP offers only limited coverage for basement flooding. First, in order for a claim to be paid, there must be a general condition of overland flooding where floodwaters come in contact with the structure. Secondly, the NFIP does not provide coverage for finished nonstructural elements such as paneling and linoleum in basement areas. Contents coverage is restricted to a limited number of items listed in the flood insurance policy. Contact a local insurance agent for more information. 9

71 Four basement construction methods are described below in increasing order of flood risk. Basement Foundation With Lowest Floor At or Above BFE Placing the lowest floor of the basement at or above the BFE has the effect of eliminating floodinduced damage up to the BFE (see Figure 5). In general, the higher the basement floor is above the BFE the lower the risk of damage from seepage and hydrostatic pressure caused by flood-related groundwater. Where possible, the basement should be built with its floor at or above the BFE. An added benefit is that floods that exceed the BFE will cause significantly less damage to a structure with this type of basement than to structures with basements whose floors are at greater depths. Figure 5 Basement foundation with lowest floor above the BFE. Damage from floods below the BFE is eliminated. Basement Foundation in Fill Placed Above BFE Placing fill to a level higher than the BFE has the effect of reducing the depth of the basement floor below the BFE (see Figure 6). It is recommended that fill be placed to a level at least 1 foot above the BFE. In general, the higher the basement floor the lower the risk of damage from seepage and hydrostatic pressure caused by flood-related groundwater. Where possible, enough fill should be properly placed so that the lowest grade adjacent to the structure is raised to an elevation greater than the BFE. An added benefit of fill placed above the BFE is that it helps protect the building from floods greater than the Base Flood. These floods are less likely to reach the structure. 10

72 Figure 6 Basement foundation in fill placed above the BFE. The depth of the basement floor below the BFE is less than when no fill is placed. Basement Foundation With Lowest Opening Above BFE In the event that the lowest floor is not elevated to or above the BFE and fill is not placed to a level above the BFE, the next best method of reducing flood risk is to place the lowest opening into the basement (e.g., window well) at a level higher than the BFE (see Figure 7). This will reduce the chances that surface flooding will enter and inundate the basement. However, the basement walls and floor slab will still be subjected to hydrostatic pressure with the potential for damage and seepage into the basement. In addition, the above-grade basement walls will be exposed to water from floods greater than the Base Flood. For this reason, the lowest opening in the basement walls should be above the BFE, as shown in Figure 7. Figure 7 Basement foundation with lowest opening above the BFE. Surface flooding is less likely to enter and inundate the basement. 11

73 Basement Foundation With Lowest Opening at BFE This is the least preferable condition of all because it results in the highest flood risk and is not recommended (see Figure 8). The lack of fill above the BFE, coupled with the lowest floor being below BFE and lowest opening at the BFE, exposes the basement to flooding from both subsurface flooding and any flood greater than the Base Flood. Figure 8 Basement foundation with lowest opening at the BFE. The basement is exposed to flooding from any flood greater than the Base Flood. 12

74 Flood Risk by Foundation Type Table 1 summarizes the foundation construction methods described in this bulletin and ranks them in order of increasing flood risk the safest foundation types appear near the top; the less safe foundation types appear near the bottom. The foundation construction methods that result in a building that is reasonably safe from flooding are shown in the dark gray area of the table. If the basement construction methods shown in the light gray area are used, the requirements described in the following sections of this bulletin must be met in order for the building to be considered reasonably safe from flooding. Table 1 Flood Risk by Foundation Construction Method 13

75 Basement Construction Guidance For those who have chosen to accept the additional risk associated with basement construction below the Base Flood on filled land that has been removed from the SFHA, this bulletin provides technical guidance about measures that can be taken to protect basements and meet the requirement that buildings be made reasonably safe from flooding. A simplified approach, including the requirements that must be met for its use, is presented first. For buildings that do not meet the criteria for the simplified approach, this bulletin provides technical guidance for the development of an engineering design tailored to the site conditions. Structural Design Design of foundation elements is addressed in model building codes. This technical bulletin does not address the structural design of basement walls or foundations. Floors and slabs should be designed for the hydrostatic pressures that can occur from the Base Flood. For the structural design, it is recommended that the full hydrostatic pressures be assumed unrelieved by the drainage system. Foundation walls that have not been designed for hydrostatic pressures, such as unreinforced masonry or pressure-treated wood wall systems, should not be used (see Figure 9). Figure 9 Failure of this unreinforced masonry basement during flooding in East Grand Forks, MN, in 1997 caused approximately $32,000 in damage. 14