CHAPTER 415: FLOOD PLAIN MANAGEMENT

ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

SECTION 415.010: STATUTORY AUTHORIZATION

The legislature of the State of Missouri has in Section 89.040, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Stockton, Missouri, ordains as set out herein. (Ord. No. 305 §1, 9-8-03)

SECTION 415.020: FINDINGS OF FACT

A. Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Stockton, Missouri, are subject to 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. General Causes Of The Flood Losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. (Ord. No. 305 §1, 9-8-03)

SECTION 415.030: STATEMENT OF PURPOSE

It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 415.020(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22 (a) (3); and to meet the requirements of 44 CFR 60.3(b) by applying the provisions of this Chapter to:

.1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

.2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

.3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. (Ord. No. 305 §1, 9-8-03)

ARTICLE II. GENERAL PROVISIONS

SECTION 415.040: LANDS TO WHICH CHAPTER APPLIES

This Chapter shall apply to all lands within the jurisdiction of the City of Stockton, Missouri. identified as unnumbered A Zones, on the Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) dated July 17, 2002, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article IV. (Ord. No. 305 §1, 9-8-03)

SECTION 415.050: FLOODPLAIN ADMINISTRATOR

The City Engineer is hereby designated as the Floodplain Administrator under this Chapter.

(Ord. No. 305 §1, 9-8-03)

SECTION 415.060: COMPLIANCE

No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. (Ord. No. 305 §1, 9-8-03)

SECTION 415.070: ABROGATION AND GREATER RESTRICTIONS

It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only. (Ord. No. 305 §1, 9-8-03)

SECTION 415.080: INTERPRETATION

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (Ord. No. 305 §1, 9-8-03)

SECTION 415.090: WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside unnumbered A Zones or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of the City of Stockton, Missouri, any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. No. 305 §1, 9-8-03)

SECTION 415.100: SEVERABILITY

If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby. (Ord. No. 305 §1, 9-8-03)

ARTICLE III. ADMINISTRATION

SECTION 415.110: FLOODPLAIN DEVELOPMENT PERMIT (REQUIRED)

A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Article II, Section 415.040. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development. (Ord. No. 305 §1, 9-8-03)

SECTION 415.120: DESIGNATION OF FLOODPLAIN ADMINISTRATOR

The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Chapter. (Ord. No. 305 §1, 9-8-03)

SECTION 415.130: DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the Floodplain Administrator shall include, but not be limited to:

.1. Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Chapter have been satisfied;

.2. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;

.3. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

.4. Issue floodplain development permits for all approved applications;

.5. Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

.6. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished; and

.7. Where base flood elevation from other sources is utilized within unnumbered A Zones:

.7.a. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;

.7.b. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;

.7.c. When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect. (Ord. No. 305 §1, 9-8-03)

SECTION 415.140: APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

.1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed building or work;

.2. Identify and describe the work to be covered by the floodplain development permit;

.3. Indicate the use or occupancy for which the proposed work is intended;

.4. Indicate the assessed value of the structure and the fair market value of the improvement;

.5. Identify the existing base flood elevation and the elevation of the proposed development;

.6. Give such other information as reasonably may be required by the Floodplain Administrator;

.7. Be accompanied by plans and specifications for proposed construction; and

.8. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (Ord. No. 305 §1, 9-8-03)

ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 415.150: GENERAL STANDARDS

. No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any unnumbered A Zone unless the conditions of this Section are satisfied.

A. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

B. All new construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:

B.1. Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

B.2. Construction with materials resistant to flood damage;

B.3. Utilization of methods and practices that minimize flood damages;

B.4. All electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

B.5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

B.6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

B.6.a. All such proposals are consistent with the need to minimize flood damage;

B.6.b. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

B.6.c. Adequate drainage is provided so as to reduce exposure to flood hazards; and

B.6.d. All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

C. Storage, Material And Equipment.

C.1. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

C.2. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

D. Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued. (Ord. No. 305 §1, 9-8-03)

SECTION 415.160: SPECIFIC STANDARDS

A. In all areas of special flood hazard, once base flood elevation data is obtained, as set forth in Article IV, Section 415.150(B), the following provisions are required:

A.1. Residential construction. New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above base flood level.

A.2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level 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. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article III, Section 415.130(7)(c).

A.3. Require for all new construction and substantial improvements that fully enclosed area below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and 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.3.a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

A.3.b. The bottom of all opening shall be no higher than one (1) 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.

B. In all areas of special flood hazard, once floodway data is obtained, as set forth in Article IV, Section 415.150(B), the following provisions are required:

B.1. The designated floodway shall he based on the standard that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point; and

B.2. The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the designated regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (Ord. No. 305 §1, 9-8-03)

SECTION 415.170: MANUFACTURED HOMES

A. All manufactured homes to be placed within special flood hazard areas shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

B. Require manufactured homes that are placed or substantially improved within unnumbered A Zones on the community's FIRM on sites:

B.1. Outside of manufactured home park or subdivision;

B.2. In a new manufactured home park or subdivision;

B.3. In an expansion to an existing manufactured home park or subdivision; or

B.4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial-damage" as the result of a flood,

be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or one (1) foot above the base flood level and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

C. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A Zones on the community's FIRM, that are not subject to the provisions of Article IV, Section 415.170(B) of this Chapter, be elevated so that either:

C.1. The lowest floor of the manufactured home is at or one (1) foot above the base flood level; or

C.2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. No. 305 §1, 9-8-03)

SECTION 415.180: RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within unnumbered A Zones on the community's FHBM or FIRM either:

.1. Be on the site for fewer than one hundred eighty (180) consecutive days; or

.2. Be fully licensed and ready for highway use *; or

.3. Meet the permitting, elevation and the anchoring requirements for manufactured homes of this Chapter.

*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. (Ord. No. 305 §1, 9-8-03)

ARTICLE V. FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

SECTION 415.190: ESTABLISHMENT OF APPEAL BOARD

The Board of Aldermen as established by the City of Stockton, Missouri, shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter. (Ord. No. 305 §1, 9-8-03)

SECTION 415.200: RESPONSIBILITY OF APPEAL BOARD

. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board as defined in Article V, Section 415.190.

A. The Board of Aldermen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the City Engineer (Floodplain Administrator) in the enforcement or administration of this Chapter. (Ord. No. 305 §1, 9-8-03)

SECTION 415.210: FURTHER APPEALS

Any person aggrieved by the decision of the Board of Aldermen or any taxpayer may appeal such decision to the Cedar County Circuit Court as provided by Chapter 536, RSMo. (Ord. No. 305 §1, 9-8-03)

SECTION 415.220: FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the Board of Aldermen shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this Chapter, and the following criteria:

.1. The danger to life and property due to flood damage;

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

.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, not subject to flood damage, for the proposed use;

.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 times of flood for ordinary and emergency vehicles;

.10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, 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 systems; streets; and bridges. (Ord. No. 305 §1, 9-8-03)

SECTION 415.230: CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT

VARIANCES

A. Generally, variances may be issued for new construction and substantial ­improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon determination provided the proposed activity will not preclude the structure's continued historic designation.

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

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

E. Variances shall only be issued upon:

E.1. A showing of good and sufficient cause,

E.2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

E.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.

F. A community shall notify the applicant in writing over the signature of a community official that:

F.1. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

F.2. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter. (Ord. No. 305 §1, 9-8-03)

SECTION 415.240: CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES

A. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Sections 415.220 and 415.230 of this Chapter.

B. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.

B.1. Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

B.2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article IV, Section 415.150(C)(2) of this Chapter.

B.3. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article IV, Section 415.150(C)(1) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

B.4. Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article IV, Section 415.150(C)(4) of this Chapter.

B.5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 415.160(A)(3) of this Chapter.

B.6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 415.160(B)(2) of this Chapter. No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.

B.7. Equipment, machinery or other contents must be protected from any flood damage.

B.8. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

B.9. A community shall notify the applicant in writing over the signature of a community official that:

B.9.a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

§ 415.240 Floodplain Management § 415.270

B.9.b. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

B.10. Wet-floodproofing construction techniques must he reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. (Ord. No. 305 §1, 9-8-03)

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