[CC 1994 §79.010; Ord. No. 06.22, 7-24-2006; Ord. No.
07.04, 2-26-2007; Ord. No. 12-24 §I, 9-10-2012]
A.
Statutory Authorization. The legislature of the State of
Missouri has in Chapter 89 (Section 89.010), RSMo., delegated the
responsibility to local governmental units to adopt flood plain management
regulations designed to protect the health, safety, and general welfare.
Therefore, the Board of Aldermen of Oronogo, Missouri ordains as follows:
B.
Findings Of Fact.
1.
Flood
losses resulting from periodic inundation the special flood hazard
areas of Oronogo, 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.
2.
General causes of the flood losses. These flood losses
are caused by:
3.
Methods used to analyze flood hazards. The Flood Insurance
Study (FIS) that is the basis of this Section uses a standard engineering
method of analyzing flood hazards which consist of a series of interrelated
steps.
a.
Selection
of a base flood that is based upon engineering calculations which
permit a consideration of such flood factors as its expected frequency
of occurrence, the area inundated, and the depth of inundation. The
base flood selected for this Section is representative of large floods
which are characteristic of what can be expected to occur on the particular
streams subject to this Section. It is in the general order of a flood
which could be expected to have a one percent (1%) chance of occurrence
in any one (1) year as delineated on the Federal Insurance Administrator's
FIS, and illustrative materials for Jasper County dated November 2,
2012, as amended, and any future revisions thereto.
b.
Calculation
of water surface profiles are based on a standard hydraulic engineering
analysis of the capacity of the stream channel and overbank areas
to convey the regulatory flood.
c.
Computation
of a floodway required to convey this flood without increasing flood
heights more than one (1) foot at any point.
d.
Delineation
of floodway encroachment lines within which no development is permitted
that would cause any increase in flood height.
e.
Delineation
of flood fringe, i.e., that area outside the floodway encroachment
lines, but still subject to inundation by the base flood.
C.
Statement Of Purpose. It is the purpose of this Section to promote the public health, safety, and general welfare; to minimize those losses described in Section 420.010(B)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in the 44 Code of Federal Regulations (CFR) 59.22(A)(3); and to meet the requirements of 44 CFR 60.3(D) by applying the provisions of this Section 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.
[CC 1994 §79.020; Ord. No. 06.22, 7-24-2006; Ord. No.
07.04, 2-26-2007; Ord. No. 12-24 §II, 9-10-2012]
A.
This Chapter shall apply to all lands within the jurisdiction of the City of Oronogo identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Jasper County, Missouri on Map Panels 29097C0155F, 29097C0161E, and 29097C0162E dated November 2, 2012, 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 Section 420.040.
B.
Flood Plain Administrator (Manager). The Flood Plain Manager
will be appointed by the Board of Aldermen.
C.
Compliance. No development within the special flood hazard
area of this community shall be located, extended, converted or structurally
altered without full compliance with the terms of this Section and
other applicable regulations.
D.
Abrogation And Greater Restrictions. It is not intended
by this Section to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Section imposes
greater restrictions, this provisions of this Section shall prevail.
E.
Interpretation. In their interpretation and application,
the provisions of this Section 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.
F.
Warning And Disclaimer Of Liability. The degree of flood
protection required by this Section 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 man-made or natural causes, such as ice jams and bridge
openings restricted by debris. This Section does not imply that areas
outside the floodway and flood fringe or land uses permitted within
such areas will be free from flooding or flood deluge. This Section
shall not create a liability on the part of the City of Oronogo, any
officer or employee thereof for any flood damages that may result
from reliance on this Section or any administrative decision lawfully
made thereunder.
G.
Severability. If any Section, clause, provision, or portion
of this Section is adjudged unconstitutional or invalid by a court
of appropriate jurisdiction, the remainder of this Section shall not
be affected thereby.
[CC 1994 §79.030; Ord. No. 06.22, 7-24-2006]
A.
Flood Plain Development Permit (Required). A flood plain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 420.020(A). 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 flood plain development permit for each structure or other development.
B.
Designation Of Flood Plain Administrator. The Flood Plain
Administrator/Manager will be appointed by the Board of Aldermen.
C.
Duties And Responsibilities Of Flood Plain Manager (Flood Plain Administrator). Duties of the Flood Plain Manager (Flood Plain Administrator) shall
include, but not be limited to:
1.
Review
of all applications for flood plain development permits to assure
that sites are reasonably safe from flooding and that the flood plain
development permit requirements of this Section have been satisfied.
2.
Review
of all applications for flood plain 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
flood plain development permits for all approved applications.
5.
Notify
adjacent communities and the State Emergency Management Agency 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 shall be maintained within the altered or relocated portion of
any watercourse.
7.
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.
8.
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.
9.
When
floodproofing techniques are utilized for a particular non-residential
structure, the Flood Plain Manager (Flood Plain Administrator) shall
require certification from a registered professional engineer or architect.
D.
Application For Flood Plain Development Permit. To obtain
a flood plain development permit, the applicant shall first file an
application in writing on a form furnished for that purpose. Every
flood plain 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 structure or
work;
2.
Identify
and describe the work to be covered by the flood plain 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.
Specify
whether development is located in designated flood fringe or floodway;
6.
Identify
the existing base flood elevation and the elevation of the proposed
development;
7.
Give
such other information as reasonably may be required by the Flood
Plain Manager (Flood Plain Administrator);
8.
Be accompanied
by plans and specifications for proposed construction; and
9.
Be signed
by the permittee or his/her authorized agent who may be required to
submit evidence to indicate such authority.
[CC 1994 §79.040; Ord. No. 06.22, 7-24-2006]
A.
General Standards.
1.
No permit
for flood plain development shall be granted for new construction,
substantial improvements, and other improvements, including the placement
of manufactured homes, within any numbered or unnumbered A Zones,
AE, AO, and AH Zones, unless the conditions of this Section are satisfied.
2.
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 Section. 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.
3.
Until
a floodway is designated, no new construction, substantial improvements,
or other development, including fill, shall be permitted within any
unnumbered or numbered A Zones or AE Zones on the firm, unless it
is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated developments,
will not increase the water surface elevation of the base flood more
than one (1) foot at any point within the community.
4.
All
new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a.
Design
or adequate anchorage to prevent flotation, collapse, or lateral movement
of the structure resulting from hydrodynamics and hydrostatic loads,
including the effects of buoyancy;
b.
Construction
with materials resistant to flood damage;
c.
Utilization
of methods and practices that minimize flood damages;
d.
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;
e.
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
f.
Subdivision
proposals and other proposed new development, including manufactured
home parks or subdivisions, located within special flood hazard areas
are required to assure that:
(1)
All such proposals are consistent with the need to minimize flood
damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
and
(4)
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.
5.
Storage, material, and equipment.
a.
The
storage or processing of materials within the special flood hazard
area that are in time of flooding buoyant, flammable, explosive, or
could as injurious to human, animal, or plant life is prohibited.
b.
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.
B.
Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones, AE, and AH Zones, where base flood elevation data have been provided as set forth in Section 420.040(A)(2), the following provisions are required:
a.
Residential construction. New construction or substantial
improvement of any residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to
one (1) foot above base flood elevation.
b.
Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is water-tight 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 Flood Plain Administrator as set forth in Section 420.030(C)(9).
c.
Require,
for all new construction and substantial improvements, that fully
enclosed areas 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:
(1)
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
(2)
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.
C.
Manufactured Homes.
1.
All
manufactured homes to be placed within all unnumbered and numbered
A Zones, AE, and AH Zones on the community's firm 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.
2.
Require
manufactured homes that are placed or substantially improved within
unnumbered or numbered A Zones, AE, and AH Zones on the community's
firm on sites:
a.
Outside
of manufactured home park or subdivision,
b.
In
a new manufactured home park or subdivision,
c.
In
an expansion to an existing manufactured home park or subdivision,
or
d.
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 one (1) foot above the base
flood elevation and be securely attached to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
|
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones, AE and AH Zones on the community's firm, that are not subject to the provisions of Section 420.040(C)(2) of this Section, be elevated so that either:
a.
The
lowest floor of the manufactured home is at one (1) foot above the
base flood level; or
b.
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.
D.
Areas of shallow flooding (AO and AH zones) located within the areas of special flood hazard as described in Section 420.020(A) are areas designated as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:
1.
"AO" Zones.
a.
All
new construction and substantial improvements of residential structures,
including manufactured homes, shall have the lowest floor, including
basement, elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's firm (at
least two (2) feet if no depth number is specified).
b.
All
new construction and substantial improvements of any commercial, industrial,
or other non-residential structures, including manufactured homes,
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's firm (at least two (2) feet if no depth
number is specified) or, together with attendant utilities and sanitary
facilities, be completely floodproofed to that so that the structure
is water-tight 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.
c.
Adequate
drainage paths shall be required around structures on slopes in order
to guide floodwaters around and away from proposed structures.
2.
AH Zones.
a.
The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in Section 420.040(B).
b.
Adequate
drainage paths shall be required around structures on slopes in order
to guide floodwaters around and away from proposed structures.
E.
Floodway. Located within areas of special flood hazard established in Section 420.020(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The
community shall select and adopt a regulatory floodway based on the
principle that the area chosen for the regulatory floodway must the
designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one (1) foot at
any point.
2.
The
community shall prohibit any encroachments, including fill, new construction,
substantial improvements, and other development, within the adopted
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.
3.
If Section 420.040(E)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
4.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section 420.040(A)(2).
F.
Recreational Vehicles. 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.
1.
Require
that recreational vehicles placed on sites within all unnumbered and
numbered A Zones AO, AE, and AH Zones on the community's firm either:
[CC 1994 §79.050; Ord. No. 06.22, 7-24-2006]
A.
Establishment Of An Appeal Board. The Board of Aldermen
(Appeal Board) as established by the City of Oronogo shall hear and
decide appeals and requests for variances from the flood plain management
requirements of this Section.
B.
Responsibility Of Appeal Board.
1.
Where an application for a flood plain development permit or request for a variance from the flood plain management regulations is denied by the Flood Plain Manager (Flood Plain Administrator), the applicant may apply for such flood plain development permit or variance directly to the Board of Aldermen (Appeal Board) as defined in Section 420.050(A).
2.
The
Board of Aldermen (Appeal Board) shall hear and decide appeals when
it is alleged that there is an error in any requirement, decision,
or determination made by the Flood Plain Manager (Flood Plain Administrator)
in the enforcement or administration of this Section.
C.
Further Appeals. Any person aggrieved by the decision of
the Appeal Board or any taxpayer may appeal such decision to the Circuit
Court as provided in Chapter 89.110 (State Statute).
D.
Flood Plain Management Variance Criteria. In passing upon
such applications for variances, the Board of Aldermen (Appeal Board)
shall consider all the technical data and evaluations, all relevant
factors, standards specified in other Sections of this Section, and
the following criteria:
1.
The
danger to life and property due in 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 flood
plain 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, water systems, streets, and bridges.
E.
Conditions For Approving Flood Plain Management Variances.
1.
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 items (2) through (6) 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.
2.
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.
3.
Variances
shall not be issued within any designated floodway if any significant
increase in flood discharge would result.
4.
Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
5.
Variances
shall only be issued upon:
a.
A
showing of good and sufficient cause,
b.
A
determination that failure to grant the variance would result in exceptional
hardship to the applicant, and
c.
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 Sections.
6.
Community
shall notify the applicant in writing over the signature of a community
official that:
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
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 Section.
[CC 1994 §79.060; Ord. No. 06.22, 7-24-2006]
Violation of the provisions of this Section or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with granting of variances) shall
constitute an ordinance violation. Any person who violates this Section
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than five hundred dollars ($500.00) and,
in addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Oronogo or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[CC 1994 §79.070; Ord. No. 06.22, 7-24-2006]
The regulations, restrictions, and boundaries set forth in this
Section may from time to time, be amended, supplemented, changed,
or appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973, provided however, that no such action may
be taken until after a public hearing in relation thereto, at which
parties of interest and citizens shall have an opportunity to he/she
heard. Notice of the time and place of such hearing shall be published
in a newspaper of general circulation in the City of Oronogo. At least
twenty (20) days shall elapse between the date of this publication
and the public hearing. A copy of such amendments will be provided
to the Region VII office of the Federal Emergency Management Agency
(FEMA). The regulations of this Section are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[CC 1994 §79.080; Ord. No. 06.22, 7-24-2006]
Unless specifically defined below, words or phrases used in
this Section shall be interpreted so as to give them the same meaning
they have in common usage and to give this Section its most reasonable
application.
See "BASE FLOOD".
Same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
A request for review of the Flood Plain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the flood plain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority
to implement and administer laws, sections, and regulations for that
community.
Any State or area or political subdivision thereof which
has authority to adopt and enforce flood plain management regulations
for the areas within its jurisdiction.
Any man-made change to improved or unimproved real estate
including, but not limit to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NIP).
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975. For FIRM's effective before that
date, "existing construction" may also be referred
to as "existing structures".
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the flood plain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow or inland
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
An Official Map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An Official Map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
An Official Map of a community on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source (see "FLOODING").
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 flood plain
management regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances such as flood plain
and grading ordinances) and other applications of police power. The
term describes such State or local regulations, in any combination
thereof, that provide standards for the purpose of flood damage prevention
and reduction.
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.
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 (1) foot.
The lines marking the limits of floodways on Federal, State
and local flood plain maps.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as bridge openings and the
hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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; or
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; or
Individually listed on a State Inventory of Historic Places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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 floodproofing design requirements of this
Section.
A structure, transportable in one (1) or more sections, that
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".
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
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 (FIRM) are referenced.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial firm or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For flood
plain management purposes, "new construction" means
structures for which the "start of construction" commenced on or after
the effective date of the flood plain management regulations adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affected (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of flood plain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis,
Four hundred (400) square feet or less when measured at the
largest horizontal projections,
Designed to be self-propelled or permanently towable by a light-duty
truck, and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
To bring the structure or other development into compliance
with Federal, State or local flood plain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions
for operating costs and allowances.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A, AO, AE, or AH.
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvements were within one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st)
placement of permanent construction of a structure on a site, such
as the pouring of slabs or footings, the installation of piers, the
construction of columns, 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, the installation of streets and/or walkways,
excavation for a basement, footings, piers, foundations, the erection
of temporary forms, nor installation on use property of accessory
structures, 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
(1st) 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.
The agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For flood plain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site, as well as a manufactured home on
a permanent foundation. For the latter purpose, the term includes
a building while in the course of construction, alteration or repairs
but does not include building materials or supplies intended for use
in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief by the community from the terms of a flood
plain management regulation. Flood insurance requirements remain in
place for any varied use or structure and cannot be varied by the
community.
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this Section is presumed to be in violation until such time as that
documentation is provided.
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 flood plain.
