It is the purpose of this section to: restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or cause increased flood height or velocities; require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and assure that eligibility is maintained for property owners in the community to purchase flood insurance in the Federal Flood Insurance Program.

(Ord. 2005-358, § 1, 2005)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A.

"Area of special flood hazard"—See "Special flood hazard area."

B.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood").

C.

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

D.

"Building"—See "Structure."

E.

"Development" means any manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, fencing, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.

F.

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

G.

"Flood, flooding, or flood water" means: 1. a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation of runoff of surface waters from any source, and/or mudslides; and 2. the condition resulting from flood-related erosion.

H.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

I.

"Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

J.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

K.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.

L.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source—See "flooding."

M.

"Floodplain administrator" means the Public Works Director of the Town of Portola Valley who is responsible for administration, implementation and enforcement of these floodplain management regulations and who shall grant, deny, or conditionally approve development permits in accord with the provisions of these regulations.

N.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

O.

"Floodplain management regulations" means this chapter, subdivision regulations, building codes, health regulations, site development regulations and other applicable regulations for control of development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

P.

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

Q.

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

R.

"Floodway fringe" is the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

S.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

T.

"Historic structure" means any structure that is: 1. 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; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. individually listed on in the historic element of the general plan and certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.

U.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. For residential structures in special flood hazard areas, 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.

V.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

W.

"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 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.

X.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Y.

"New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures.

Z.

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

AA.

"One-hundred-year flood" or "100-year flood"—See "Base flood."

BB.

"Recreational vehicle" means a vehicle which is: 1. built on a single chassis; 2. three hundred twenty 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.

CC.

"Regulatory flood elevation" means the elevation indicated as the one-hundred-year flood on FIRMs Panels H & 1-01, H & 1-02, H & 1-03, and H & 1-04.

DD.

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

EE.

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

FF.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

GG.

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, or A1-A30.

HH.

"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 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

II.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

JJ.

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

KK.

"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include any alteration to comply with the existing state or local health, sanitary, building or safety codes or regulations or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

LL.

"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this chapter.

MM.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. 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.

NN.

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

OO.

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

(Ord. 2005-358, § 1, 2005)

The provisions of this section apply to land and structures in the special flood hazard areas as identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) dated April 1978 and accompanying FIRMs and flood boundary and floodway maps (FBFMs) dated November 13, 1979, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the town council by the floodplain administrator. The study FIRMs and FBFMs are on file at Portola Valley Town Hall. The FIRMs, Community—Panel number 065052-0001C, -0002C, and -0004C, and map index, bearing a revised date of November 13, 1979, and as may be amended by the Federal Insurance Administration, are incorporated by reference as a part of this zoning ordinance as sheets 3, 4, 5, and 6 of the zoning map.

(Ord. 2005-358, § 1, 2005)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard identified in Section 18.32.030. Application for a development permit shall be made on the "Town of Portola Valley, FEMA Development Requirements" forms, dated September 2003 and as may be revised, furnished by the floodplain administrator. The application shall 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. The floodplain administrator may require such other information as may be reasonably necessary to allow for evaluation of any request for conformity with the provisions of this chapter. The floodplain administrator shall be responsible for review of all permit applications for conformity with this chapter.

(Ord. 2005-358, § 1, 2005)

All areas identified as unnumbered A zones are subject to inundation by the one-hundred-year flood; however, the water surface elevation is not given. The unnumbered A zones are subject to all development provisions of this chapter except those provisions related to elevation or floodproofing. Where federal flood insurance study data is not available, base flood elevation data currently available and deemed reliable by the floodplain administrator shall be considered by the town as a basis for elevating residential structures to or above the base flood level, and floodproofing or elevating nonresidential structures to or above base flood level.

(Ord. 2005-358, § 1, 2005)

New construction, substantial improvements, prefabricated buildings and other developments shall be designed or anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevations and be securely fastened to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

All recreational vehicles placed on sites within Zones A1-30 and intended for temporary occupancy, but only to the extent such occupancy is authorized by Section 18.36.030 E. of this chapter, will be on the site for no longer than a maximum of one year, 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. However, location of a recreational vehicle to be used for temporary occupancy in an A Zone shall only be permitted when it has been demonstrated to the satisfaction of the floodplain administrator that there is no other viable location on the site not within an A Zone.

(Ord. 2005-358, § 1, 2005)

New construction or substantial improvements of residential structures shall have the lowest floor, including basements, elevated to or above the regulatory base flood elevation. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

Fully enclosed areas below the lowest floor 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 must be certified by either a registered professional engineer or architect.

(Ord. 2005-358, § 1, 2005)

New construction or substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated to or above the regulatory base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Designs and plans demonstrating compliance with these provisions, including as-built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

For subdivision proposals and other proposed new development it shall be demonstrated that:

A.

Such proposals are consistent with the need to minimize flood damage. For all preliminary subdivision proposals all special flood hazard area shall be clearly identified including the elevation of the base flood. Further, all subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is to be filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator;

B.

Public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;

C.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

D.

For proposals for development of five acres or more, unless the town determines such information is needed for smaller developments, regulatory flood elevations area given.

(Ord. 2005-358, § 1, 2005)

Water and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters and discharges into floodwaters, and on-site waste disposal systems shall be located so as to avoid impairment or contamination during flooding. Designs and plans demonstrating compliance with these provisions, including as built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

Utility and sanitary facilities shall be floodproofed to one foot above the one-hundred-year flood elevation, unless a higher elevation is recommended by the floodplain administrator because of specifically identified local conditions, so that any space below the elevation is water tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrostatic loads and effects of buoyancy. Designs and plans demonstrating compliance with these provisions, including as built plans, must be certified by either a registered professional engineer or architect to the satisfaction of the floodplain administrator.

(Ord. 2005-358, § 1, 2005)

New development and substantial improvements shall:

A.

Use construction materials and utility equipment that are resistant to flood damage as specified in FEMA Technical Bulleting TB 2-93; and

B.

Use construction methods and practices that will minimize flood damage consistent with economic practicability; and

C.

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.

(Ord. 2005-358, § 1, 2005)

No development, including landfill, may be permitted within zones A1—A30 unless the applicant has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one-hundred-year flood more than one foot on the average cross-section of the reach in which the development or landfill is located.

(Ord. 2005-358, § 1, 2005)

In case any watercourse is allowed to be relocated or altered, the flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained. The town will notify, in riverine situations, adjacent communities and the Department of Water Resources of the state of California prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator of the Federal Insurance Administration.

(Ord. 2005-358, § 1, 2005)

Applicants shall provide certification by a registered professional engineer or architect that floodproofing plans are adequate to be watertight with walls impermeable to the passage of water, withstand the hydrostatic and hydrodynamic forces associated with the one-hundred-year flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

(Ord. 2005-358, § 1, 2005)

Floodproofing of new residential structures, or of substantial improvements to existing residential structures for human habitation may be authorized by variance in accordance with the provisions of this section. All variances applications shall be considered by the board of adjustment and shall be made on the variance application form provided by the floodplain administrator.

A.

Nature of variance. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this floodplain regulations 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. The variance provisions, however, are established with the understanding that protection from flood hazards is the compelling objective, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or other requirements in the flood ordinance are deemed to be rare. Therefore, the variance provisions in this section are intentionally very detailed and contain multiple provisions that must be met before a variance can be properly authorized. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Factors to be considered by the board of adjustment. In acting upon requests for variances, the board of adjustment shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this chapter, and the following:

1.

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

2.

Danger to life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing owner or occupants and future owners or occupants of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

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

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the general plan and floodplain management program for that area;

9.

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

10.

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

11.

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

C.

Conditions for granting of a variance by board of adjustment. The following conditions shall govern granting of variances:

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development 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 that the procedures and provisions for flood hazard reduction in this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

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.

4.

Variances shall only be issued upon a showing of good and sufficient cause, determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance or cause fraud or victimization of the public, or conflict with other existing Town regulations.

5.

Upon consideration of the factors of Section 18.32.150 B and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of, and preserve the integrity of this chapter.

D.

Notice of action on variance. Any applicant to whom a variance has been granted shall be given written notice by the floodplain administrator that: 1. the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage, and 2. such construction below the base flood level increases risks to life and property. Further, a copy of the notice shall be recorded by the floodplain administrator in the Office of the San Mateo County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The costs for such notice and recording of the notice shall be paid by the applicant to whom the variance has been granted.

E.

Variance terms defined. In addition to the other definitions contained in Section 18.32.020 of this chapter, the following words and their meanings pertain to the foregoing variance provisions:

1.

"Fraud and victimization" means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the board of adjustment 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 such periods of time 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 potential for flood damages may 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.

2.

"Hardship" means the exceptional hardship that would result from a failure to grant the requested variance. To grant a variance, the board of adjustment must determine that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, or personal preferences, likewise cannot, as a rule, quality 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.

3.

"Public safety and nuisance" 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.

(Ord. 2005-358, § 1, 2005)

The floodplain administrator shall review all development permits to determine that required conditions of this chapter have been satisfied, all other required state and federal permits have been obtained, the site is reasonably safe from flooding, and the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

A.

Notification of other agencies. For any alteration or relocation of a watercourse the floodplain administrator shall notify adjacent communities and the California Department of Water Resources prior to alteration or relocation and shall submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency. The notification shall including data assuring that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

B.

Documentation of floodplain development. The floodplain administrator shall obtain and maintain for public inspection and make available as needed all certifications required by this chapter and all development permit application data required by Section 18.32.035.

C.

Map determinations. The floodplain administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. 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. Any person contesting the location of the boundary may appeal the interpretation of the floodplain administrator as provided in Chapter 18.66 of this title.

D.

Remedial action. The floodplain administrator shall take action to remedy any violations of this chapter.

(Ord. 2005-358, § 1, 2005)