The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of the Town of Apple Valley does hereby adopt the following floodplain management regulations.

The flood hazard areas of the Town of Apple Valley are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

It is the purpose of this District to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A.

To protect human life and health;

B.

To minimize expenditure of public money for costly flood control projects;

C.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

To minimize prolonged business interruptions;

E.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

F.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G.

To insure that potential buyers are notified that property is in an area of special flood hazard; and

H.

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this District includes methods and provisions for:

A.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.

Controlling filling, grading, dredging, and other development which may increase flood damage; and,

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Unless specifically defined below, words or phrases used in this District shall be interpreted so as to give them the meaning they have in common usage and to give this District its most reasonable application.

Accessory use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Alluvial fan. A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Apex. The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Appeal. A request for a review of the Flood Plain Administrator's interpretation of any provision of this District.

Area of Shallow Flooding. A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area".

Area of Special Flood-Related Erosion Hazard. The land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

Area of Special Mudslide (i.e., Mudflow) Hazard. The area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).

Base Flood. The base flood means a flood which has a one (1) percent chance of being equaled or exceeded in any given year (also called the "one hundred (100)-year flood"). Base flood is the term used throughout this District.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway walls. Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

A.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

B.

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Building. - see "Structure".

Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or 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) is completed before the effective date of the floodplain management regulations adopted by a community.

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 or Flooding.

1.

A general and temporary condition or partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff or surface waters from any source; or mudslides (i.e., mudflows) which are approximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.

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 flood hazard 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 hazards and the risk premium zones applicable to the Town.

Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Flood-related erosion. The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

Flood-related erosion area management. The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. Flood-related erosion area or Flood-related erosion prone area. A land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood Plain or Flood-prone Area. Any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.

Flood Plain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, flood plain management regulations and open space plans.

Flood Plain Management Regulations. This Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control) and other application of police power which control development in flood-prone areas. This term describes such federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Flood-proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway".

Floodway fringe. That area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

Fraud and victimization. As related to Section 6, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the {community governing body} will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Governing body. The local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

Hardship. As related to Section 6, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The Town Council of the Town of Apple Valley requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. An Historic Structure means any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

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;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement).

A.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided it conforms to applicable non-elevation design requirements, including, but not limited to:

1.

The wet floodproofing standard in section 5.1 C.3;

2.

The anchoring standards in section 5.1 A;

3.

The construction materials and methods standards in section 5.1 B; and

4.

The standards for utilities in section 5.2.

B.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected 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 (2) or more manufactured home lots for sale or rent.

Market Value. The Market Value shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Town's Flood Insurance Rate Map are referenced.

Mudslide. Mudslide shall describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) prone area. An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

New Construction. For flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of flood plain management regulations adopted by the Town, and includes any subsequent improvements to such structures.

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 installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

Obstruction. An Obstruction shall includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One Hundred (100)-Year Flood Flood or "100-Year Flood" - see Base Flood.

Person. An individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

Public safety and nuisance. As related to Section 6, Variances, of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

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.

Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Recreational vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Remedy a Violation. To bring the structure or other development into compliance with State or the Town's flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the district or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet flow area. - see "Area of shallow flooding".

Special Flood Hazard Area (SFHA). Means the land in the floodplain within Apple Valley subject to one percent (1%) or greater chance of flooding in any given year.

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 one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. 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. A walled and roofed building or a manufactured home, including a gas or liquid storage tank, that is principally above ground, this includes a gas or liquid storage tank.

Substantial damage. Substantial damage shall mean the damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement. Any repair, rehabilitation, addition, reconstruction or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.

The term does not, however, include either:

1.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance. A grant of relief from the requirements of this District which permits construction in a manner that would otherwise be prohibited by this District.

Violation. The failure of a structure or other development to be fully compliant with the Town's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this District is presumed to be in violation until such time as that documentation is provided.

Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

A.

Lands to Which This District Applies. This District shall apply to all areas of special flood hazards within the jurisdiction of the Town of Apple Valley as identified on the Flood Insurance Rate Maps and designated Flood Hazard (FH) Overlay on the Zoning Map of the Town of Apple Valley.

The Flood Hazard Overlay District shall be in addition to the underlying zoning district in which it is located. The regulation of both the underlying and overlay district shall apply. In the event of a conflict between these regulations, the more strict regulation shall apply.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study (FIS) for the County of San Bernardino including the incorporated area of Apple Valley dated September 28, 1990, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions, are hereby referenced and declared to be a part of this District. This Flood Insurance Study is on file at the Town of Apple Valley, Office of the Town Engineering Division, 14900 Apple Valley Inn Road, Town of Apple Valley. This Flood Insurance Study is the minimum area of applicability of this District and may be supplemented by studies for other areas which allow implementation of this District and which are recommended to the Town of Apple Valley by the Flood Plain Administrator.

C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this District and other applicable regulations. Violations of the provisions of this District by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Town of Apple Valley from taking such lawful action as is necessary to prevent or remedy any violation.

D.

Abrogation and Greater Restrictions. This District is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this District and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.

Interpretation. In the interpretation and application of this District, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and,

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

F.

Warning and Disclaimer of Liability. The degree of flood protection required by this District 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 District does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This District shall not create liability on the part of the Town of Apple Valley, any officer, agent or employee thereof, the State of California, the Federal Insurance Administration or the Federal Emergency Management Agency, for any flood damages that result from reliance on this District or any administrative decision lawfully made thereunder.

G.

Severability. This District and the various parts thereof are hereby declared to be severable. Should any section of this District be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the District as a whole, or any portion thereof other than the section so declared to unconstitutional or invalid.

A.

Establishment of Development Permit. A Development Permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 9.62.060, of this Chapter. Application for a Development Permit shall be made on forms furnished by the Flood Plain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1.

Site plan, including but not limited to:

a.

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

b.

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site;

c.

Proposed locations of water supply, sanitary sewer, and utilities; and

d.

If available, the base flood elevation from the Flood Insurance Study and/or flood Insurance Rate Map;

e.

If applicable, the location of the regulatory floodway; and

2.

Foundation design detail, including but not limited to:

a.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

b.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 9.62.060 A 3 d of this ordinance and FEMA Technical Bulletins 1-93 and 7-93; and

c.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and

d.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9.62.080 A 3 c of this ordinance and FEMA Technical Bulletin TB 3-93; and

e.

All appropriate certifications listed in Section 9.62.070 C4 of this ordinance; and

f.

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

B.

Designation of the Flood Plain Administrator. The Director is hereby appointed to administer, implement and enforce this District by granting or denying development permits in accordance with its provisions.

C.

Duties and Responsibilities of the Flood Plain Administrator. The duties and responsibilities of the flood plain administrator shall include, but not be limited to the following:

1.

Permit review

a.

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

b.

All other required state and federal permits have been obtained;

c.

The site is reasonably safe from flooding; and

d.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this District, "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 one foot or more.

2.

Use of Other Base Flood Data. When base flood elevation data has not been provided in the Flood Insurance Study for the County of San Bernardino including the incorporated area of Apple Valley, the Flood Plain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 9.62.060, Provisions for Flood Hazard Reduction, of this Chapter. Any such information shall be submitted to the Town of Apple Valley for adoption; or

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 5:

a.

Simplified method

1)

100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

2)

base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

b.

Detailed method

1)

100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

2)

base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

3.

Notification of Other Agencies. Whenever a watercourse is to be altered or relocated:

a.

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

b.

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

c.

Base Flood Elevation changes due to physical alterations:

1)

Within six (6) month of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

2)

All LOMR's for flood control projects are approved prior to the issuance of Building Permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLMOR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

d.

Changes in corporate boundaries:

1)

Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

4.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed any necessary certifications as required in Section 9.62.080, of this Chapter:

a.

The certification required in Section 9.62.080.A.3.a and 9.62.080 D (floor elevations);

b.

The certification required in Section 9.62.080.A.3.b (elevations in areas of shallow flooding);

c.

The certification required in Section 9.62.080.A.3.c.3 (elevation or flood-proofing of nonresidential structures);

d.

The certification required in Section 9.62.080.A.3.d.1 or 9.62.080.A.3.d.2 (wet flood-proofing standard);

e.

The certified elevation required in Section 9.62.080.C.2 (subdivision standards);

f.

The certification required in Section 9.62.080.E.1 (floodway encroachments);

5.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9.62.090, Variance Procedure, of this Chapter.

6.

Remedial Action. Take action to remedy violations of this District as specified in Section 9.62.060.C, Compliance, of this Chapter.

D.

Appeals. The Town Council of the town of Apple Valley shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

A.

Standards of Construction. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

1.

Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

Be constructed:

a.

With materials and utility equipment resistant to flood damage;

b.

Using methods and practices that minimize flood damage;

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

d.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

e.

Require within Zones AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3.

Elevation and Flood-proofing

a.

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 9.62.060.A.3.c.3, of this Chapter. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Town building inspector to be properly elevated. Such certification or verification shall be provided to the Director.

b.

New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. In AO zones without velocity the lowest floor shall be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified. Nonresidential structures may meet the standards in Section 9.62.060.A.3.c.3, of this Chapter. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Town building inspector to be properly elevated. Such certification or verification shall be provided to Director.

c.

In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 4.3 B of this ordinance. The lowest floor shall be elevated at least two feet above the base flood elevation, as determined by the community.

d.

In all other Zones, elevated to or above the base flood elevation. (The lowest floor shall be elevated at least two feet above the base flood elevation.

e.

Nonresidential construction shall either be elevated in conformance with Section 9.62.060.A.3.a or b above, or together with attendant utility and sanitary facilities:

1)

Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Director.

f.

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria:

1)

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

2)

Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration.

g.

Manufactured homes shall also meet the standards in Section 9.62.060.D, Standards for Manufactured Homes, of this Chapter.

B.

Standards for Utilities

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C.

Standards for Subdivisions or other proposed new development. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

1.

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood;

2.

All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Flood plain Administrator;

3.

All subdivision proposals shall be consistent with the need to minimize flood damage within the floodprone area;

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

D.

Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes on sites located:

1.

Outside of a manufactured home park or subdivision,

2.

In a new manufactured home park or subdivision,

3.

In an expansion to an existing manufactured home park or subdivision, or

4.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood,

Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home shall be at least two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of paragraph 5.4 A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the

1.

Lowest floor of the manufactured home is at least two feet above the base flood elevation, or

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

E.

Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

1.

Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

2.

Meet the permit requirements of Section 4 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 9.62.080 D.

F.

Floodways. Located within areas of special flood hazard established in Section 9.62.040.B, of this Chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

1.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2.

If Section 9.62.080.E.1 above is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 9.62.080, Provisions for Flood Hazard Reduction, of this Chapter.

G.

Flood-Related Erosion-Prone Area

1.

The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

2.

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

3.

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

4.

Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated ″useful life″ of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

H.

Standards For Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of flood waters into the systems; and

b.

Discharge from the system into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Town Council of the Town of Apple Valley to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. [The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.] Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. The provisions of this Section shall be in addition to the provisions of Chapter 9.24, Variances, of this Code.

A.

Appeal Board

1.

The Town Council of the Town of Apple Valley shall hear and decide appeals and requests for variances from the requirements of this District.

2.

The Town Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of this District.

3.

In passing upon such applications, the Town Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this District, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger of life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the Town;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

i.

The safety of access to the property in time of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and,

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

4.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 9.62.070.A.3.a through 9.62.070.A.3.k have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

5.

Upon consideration of the factors of Section 9.62.090.A.3, of this Chapter, and the purposes of this District the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this District.

6.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and

b.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the {county} Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

7.

The Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

B.

Conditions for Variances

1.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the Town Council of the Town of Apple Valley need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Town Council of the Town of Apple Valley believes will both provide relief and preserve the integrity of the local ordinance.

4.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.

5.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 9.62.090.B.1 through 9.62.090.B.4 above, are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Flood Plain Board in the office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

Properties within the Apple Valley Dry Lake lying at or below an elevation of 2,909 above mean sea level shall be subject to the following provisions in addition to the provisions otherwise specified in this Chapter.

A.

New construction and substantial improvement of any structure shall be constructed so that the finished floor of any new construction of a habitable area shall be two (2) feet above the base flood elevation and will not result in any significant increase in flood levels during the base flood discharge. For purposes of this Chapter, the base flood elevation is established as elevation 2,909 feet above mean sea level.

B.

Review procedures. New construction or substantial improvement of any structure proposed in this Overlay District shall be subject to a department review in accordance with the provisions of this Development Code. Such review shall ensure that the proposed project complies with this title regarding flood protection measures.

C.

Legally established lots of record existing prior to August 14, 1990 within this Overlay District may be developed in accordance with the underlying zoning, provided that the new construction or substantial improvement complies with the development standards contained in this Development Code and the following (the greater, more strict, of which shall apply):

1.

The finished floor pad for habitable areas shall be no lower than two (2) feet above the base flood elevation.

2.

Fill materials used to elevate the building pad above natural ground level shall be obtained from a site within the Dry Lake area having an elevation no higher than 2,909 feet above mean sea level or an equivalent amount of material shall be removed from the Dry Lake area so that no net increase of displacement shall result.

3.

Grading and construction on the development site shall not result in the increased diversion of storm flows onto adjacent properties.

4.

Any graded or cleared areas shall be landscaped, covered, or otherwise treated to minimize any erosion, especially wind erosion.

5.

Slopes resulting from any grading or moving of material on the lot shall be no steeper than five (5) feet horizontal to one (1) foot vertical (5:1 slope).

6.

Prior to issuance of a grading or building permit, the owner of the lot shall execute a statement and cause it to be recorded in the office of the County Recorder acknowledging that although this particular lot may be elevated above the 100 year flood line, various streets providing access to the lot may be subject to periodic inundation which may preclude vehicular access, including emergency vehicles, to the lot during rain storms.

7.

Paved access, a minimum of twenty (20) feet wide, shall be provided prior to issuance of a Certificate of Occupancy for any new residential unit, primary structure, or cumulative increase in floor area in excess of fifty (50) feet.

D.

No new lot, less than twenty (20) acres in size, shall be created within the Apple Valley Dry Lake Overlay District (FH-L), unless it complies with the following:

1.

The lot contains a buildable area a minimum of 18,000 square feet in area above the elevation of 2,909 feet above mean sea level; and

2.

Any new construction shall be accessible via paved access a minimum of twenty (20) feet wide which is entirely above the elevation of 2,909 feet above mean sea level.

E.

Nonconforming Uses and Structures. The provisions of Chapter 9.07 shall apply.

F.

Liability. The granting of approval under this Section or under any other Section of this Code shall not constitute a representation, guarantee, or warranty of any kind or nature by the Town or the Planning Commission, or by any officer or employee of either, of the practicability or safety of any structure or other plan proposed for location in a designated floodway or in any other area and shall create no liability upon, or a cause of action against such public body, officer or employee for any damage that may result pursuant thereto.