Fairfax City Zoning Code

CHAPTER 17

068: FLOODPLAINS

§ 17.068.010 STATUTORY AUTHORIZATION.

The Legislature of the State of California has, in Cal. Gov’t Code §§ 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations to promote the public health, safety and general welfare of its citizenry. Therefore, the Town Council of Fairfax does ordain as set out in this article.

(Prior Code, § 17.36.010) (Ord. 577, passed - -1988)

§ 17.068.020 FINDINGS OF FACT.

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

(B) (1) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas.

(2) Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Prior Code, § 17.36.020) (Ord. 577, passed - -1988)

§ 17.068.030 STATEMENT OF PURPOSE.

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

(A) To protect human life and health;

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

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

(D) To minimize prolonged business interruptions;

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

(F) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

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

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

(Prior Code, § 17.36.030) (Ord. 577, passed - -1988)

§ 17.068.040 METHODS OF REDUCING FLOOD LOSSES.

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

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

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

(C) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

(D) Controlling 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 floodwaters or which may increase flood hazards in other areas.

(Prior Code, § 17.36.040) (Ord. 577, passed - -1988)

§ 17.068.050 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA.

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 flood having a one percent chance of being equaled or exceeded in any given year. Also called the 100-YEAR FLOOD.

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

BREAKAWAY WALLS.

(1) Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other stable 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 floodwaters.

(2) A BREAKAWAY WALL shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot.

(3) 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.

DEVELOPMENT. Any human 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 and storage of equipment or materials.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of floodwaters, the unusual and rapid accumulation or runoff of surface waters from any source and the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly 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 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 community.

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.

FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source (see definition of FLOODING).

FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as flood-plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY. 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.

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, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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 a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME. 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. For floodplain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

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 a community’s Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION. For floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the community.

ONE HUNDRED YEAR FLOOD or 100-YEAR FLOOD. A flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood”, which will be the term used throughout this chapter.

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

REMEDY A VIOLATION. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.

SPECIAL FLOOD HAZARD AREA (SFHA). An area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.

START OF CONSTRUCTION. Substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 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 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.

STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL IMPROVEMENT.

(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged, and is being restored, before the damage occurred.

(2) For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether that alteration affects the external dimensions of the structure.

(3) The term does not, however, include either:

(a) 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

(b) 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 chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Prior Code, § 17.36.050) (Ord. 577, passed - -1988; Am. Ord. 668, passed - -1997)

§ 17.068.060 APPLICABILITY.

This chapter shall apply to all areas of special flood hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of Fairfax.

(Prior Code, § 17.36.060) (Ord. 577, passed - -1988)

§ 17.068.070 BASIS FOR SPECIAL FLOOD HAZARD AREA ESTABLISHMENT.

The area of special flood hazard and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for Town of Fairfax,” dated March, 1977, with an accompanying flood insurance rate map and flood boundary and floodway maps, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter as well as amendments thereto.

(Prior Code, § 17.36.070) (Ord. 577, passed - -1988; Am. Ord. 668, passed - -1997)

§ 17.068.080 COMPLIANCE.

(A) No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

(B) Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

(C) Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation.

(Prior Code, § 17.36.080) (Ord. 577, passed - -1988)

§ 17.068.090 ABROGATION AND GREATER RESTRICTIONS.

(A) This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

(B) However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Prior Code, § 17.36.090) (Ord. 577, passed - -1988)

§ 17.068.100 INTERPRETATION.

In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(Prior Code, § 17.36.100) (Ord. 577, passed - -1988)

§ 17.068.110 WARNING AND DISCLAIMER OF LIABILITY.

(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

(B) Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.

(C) (1) This chapter does not imply that land outside the area of special flood hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages.

(2) This chapter shall not create liability on the part of the town, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Prior Code, § 17.36.110) (Ord. 577, passed - -1988)

§ 17.068.120 ESTABLISHMENT OF DEVELOPMENT PERMIT.

(A) A development permit shall be obtained before construction or development begins within any area of special flood hazards or areas of mudslide (i.e., mudflow) established in § 17.068.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

(B) Specifically, the following information is required:

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

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

(3) All appropriate certifications listed in § 17.068.180 of this chapter; and

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

(Prior Code, § 17.36.120) (Ord. 577, passed - -1988)

§ 17.068.130 FLOODPLAIN ADMINISTRATOR; DESIGNATED.

The Planning Director is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

(Prior Code, § 17.36.130) (Ord. 577, passed - -1988)

§ 17.068.140 FLOODPLAIN ADMINISTRATOR; DUTIES AND RESPONSIBILITIES GENERALLY.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the provisions set out in §§ 17.068.150 through 17.068.200.

(Prior Code, § 17.36.140) (Ord. 577, passed - -1988)

§ 17.068.150 FLOODPLAIN ADMINISTRATOR; PERMIT REVIEW.

(A) The Floodplain Administrator shall review all development permits to determine that:

(1) The permit requirements of this chapter have been satisfied;

(2) All other required state and federal permits have been obtained;

(3) The site is reasonably safe from flooding; and

(4) 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.

(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

ADVERSELY AFFECTS. Combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

(Prior Code, § 17.36.150) (Ord. 577, passed - -1988; Am. Ord. 668, passed - -1997)

§ 17.068.160 FLOODPLAIN ADMINISTRATOR; USE OF OTHER BASE FLOOD DATA.

(A) When base flood elevation data has not been provided in accordance with § 17.068.070, the Floodplain 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 Article IV of this chapter.

(B) Any such information shall be submitted to the Town Council for adoption.

(Prior Code, § 17.36.160) (Ord. 577, passed - -1988)

§ 17.068.170 FLOODPLAIN ADMINISTRATOR; ALTERATION OR RELOCATION OF WATERCOURSE.

The Floodplain Administrator shall, whenever a watercourse is to be altered or relocated:

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

(B) Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

(Prior Code, § 17.36.170) (Ord. 577, passed - -1988)

§ 17.068.180 FLOODPLAIN ADMINISTRATOR; AVAILABILITY OF PUBLIC RECORDS.

The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed:

(A) The certification required in § 17.068.210(C)(1) (floor elevations);

(B) The certification required in § 17.068.210(C)(2) (elevations in areas of shallow flooding);

(D) The certification required in §§ 17.068.210(C)(4)(a) or 17.068.210(C)(4)(b) (wet floodproofing standard);

(E) The certified elevation required in § 17.068.230(B) (subdivision standards);

(F) The certification required in § 17.068.250(A) (floodway encroachments); and

(G) The reports required in § 17.068.260(D) (mudflow standards).

(Prior Code, § 17.36.180) (Ord. 577, passed - -1988)

§ 17.068.190 FLOODPLAIN ADMINISTRATOR; BOUNDARY INTERPRETATION.

(A) The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(B) The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V of this chapter.

(Prior Code, § 17.36.190) (Ord. 577, passed - -1988)

§ 17.068.200 FLOODPLAIN ADMINISTRATOR; AUTHORITY.

The Floodplain Administrator shall take action to remedy violations of this chapter as specified in § 17.068.080.

(Prior Code, § 17.36.200) (Ord. 577, passed - -1988)

§ 17.068.210 STANDARDS OF CONSTRUCTION.

In all areas of special flood hazards the following standards are required.

(A) Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured homes shall meet the anchoring standards of § 17.068.240.

(B) Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

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

(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4) Require within Zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(1) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Non-residential structures may meet the standards in division (C)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community’s Building Inspector be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(2) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, 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. Nonresidential structures may meet the standards in division (C)(3) of this section. 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 Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

(3) Nonresidential construction shall either be elevated in conformance with divisions (C)(1) or (2) of this section or together with attendant utility and sanitary facilities:

(a) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

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

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

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

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

(b) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

(5) Manufactured homes shall also meet the standards in § 17.068.240.

(Prior Code, § 17.36.210) (Ord. 577, passed - -1988)

§ 17.068.220 STANDARDS FOR UTILITIES.

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

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

(Prior Code, § 17.36.220) (Ord. 577, passed - -1988)

§ 17.068.230 STANDARDS FOR SUBDIVISIONS.

(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

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

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

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

(Prior Code, § 17.36.230) (Ord. 577, passed - -1988)

§ 17.068.240 STANDARDS FOR MANUFACTURED HOMES.

All new and replacement manufactured homes and additions to manufactured homes shall:

(A) Be elevated so that the lowest floor is at or above the base flood elevation; and

(B) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(Prior Code, § 17.36.240) (Ord. 577, passed - -1988)

§ 17.068.250 FLOODWAYS.

Located within areas of special flood hazard established in § 17.068.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(A) 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.

(B) If division (A) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this article.

(Prior Code, § 17.36.250) (Ord. 577, passed - -1988)

§ 17.068.260 MUDFLOW-PRONE AREAS.

(A) The Floodplain Administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area.

(B) Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:

(1) The type and quality of soils;

(2) Evidence of ground water or surface water problems;

(3) The depth and quality of any fill;

(4) The overall slope of the site; and

(5) The weight that any proposed development will impose on the slope.

(1) A site investigation and further review shall be made by persons qualified in geology and soils engineering;

(2) The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and

(4) Drainage, planting, watering and maintenance shall not endanger slope stability.

(D) Within Zone M on the Flood Insurance Rate Map, the community shall adopt a drainage ordinance which at least complies with the standards of §§ 7001 through 7006 and §§ 7008 through 7015 of the most recent amendment of the 1973 Uniform Building Code:

(1) The location of foundation and utility systems of new construction and substantial improvements;

(2) The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;

(3) Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benchings and the like; and

(4) Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports.

(Prior Code, § 17.36.260) (Ord. 577, passed - -1988)

§ 17.068.270 APPEAL BOARD.

(A) The Town Council of Fairfax shall hear and decide appeals and requests for variances from the requirements of this chapter.

(B) The Town Council shall hear and decide appeals when it is alleged there is anerror in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

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

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

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

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

(4) The importance of the services provided by the proposed facility to the community;

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

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

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

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

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

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(11) 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.

(D) 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 divisions (C)(1) through (11) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(E) Upon consideration of the factors of division (C) of this section and the purposes of this chapter, the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(F) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(Prior Code, § 17.36.270) (Ord. 577, passed - -1988)

§ 17.068.280 CONDITIONS FOR VARIANCES.

(A) 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.

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

(C) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(D) Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

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

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

(E) 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 divisions (A) through (D) 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 create no additional threats to public safety.

(F) 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 Town Council in the office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Prior Code, § 17.36.280) (Ord. 577, passed - -1988)