§ 19B-10. Geographical areas of special concern.

No Person shall construct, operate, use, or maintain a Recycled Water Pond that lies within the one hundred (100) year floodplain unless the following conditions are met:

(a)

Additional provisions shall be incorporated into the design and approved by the LEA and the Central Valley Regional Water Quality Control Board to protect the Recycled Water Pond from washout;

(b)

Verification shall be provided that the design and construction of the Recycled Water Pond will not result in the flood elevation at the property line being increased so as to exceed Chapter 26, Article IV;

(c)

The minimum top of the berm or other pond protections shall be a minimum of two (2) feet above the Base Flood Elevation;

(d)

Pond development on lands within the one hundred (100) year floodplain, as identified on the most current available maps from FEMA, shall be allowed only if the applicant demonstrates that it will not:

(1)

Create danger to life and property due to increased flood heights or velocities caused by excavation, fill, roads and intended use;

(2)

Create difficult emergency vehicle access in times of flood;

(3)

Create a safety hazard due to the height, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site;

(4)

Create excessive costs in providing governmental services during and after flood conditions, including maintenance and repair of public facilities;

(5)

Interfere with the existing water conveyance capacity of the floodway;

(6)

Substantially increase erosion and/or sedimentation;

(7)

Require significant storage of material or any substantial grading or substantial placement of fill that is not approved by the County through a development agreement, discretionary permit, or other discretionary entitlement; a ministerial permit that would result in the construction of a new residence; or a tentative map or parcel map; and

(8)

Conflict with the provisions of the applicable requirements of Government Code sections 65865.5, 65962, or 66474.5; and

(e)

The County shall make findings that it has imposed conditions that will protect the property to the urban level of flood protection, as defined in Government Code section 65007, in urban and urbanizing areas, or to the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas.

(Ord. No. 4078, § 1, 4-22-14)