City of Oronogo, MO Chapter 420 Flood Plain Management

Section 420.010 Statutory Authorization, Findings of Fact, and Purposes.

[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:

a. The cumulative effect of development in any delineated flood plain causing increases in flood heights and velocities; and

b. The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages

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.

Section 420.020 General Provisions.

[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.

Section 420.030 Administration.

[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.

Section 420.040 Provisions For Flood Hazard Reduction.

[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:

a. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use; or

b. Meet the permitting, elevating, and the anchoring requirements for manufactured homes of this Section.

Section 420.050 Flood Plain Management Variance Procedures.

[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.

Section 420.060 Penalties For Violation.

[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.

Section 420.070 Amendments.

[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.

Section 420.080 Definitions.

[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.

100-YEAR FLOOD

See "BASE FLOOD".

ACCESSORY STRUCTURE

Same as "APPURTENANT STRUCTURE".

ACTUARIAL RATES

See "RISK PREMIUM RATES".

ADMINISTRATOR

The Federal Insurance Administrator.

AGENCY

The Federal Emergency Management Agency (FEMA).

APPEAL

A request for review of the Flood Plain Administrator's interpretation of any provision of this Chapter or a request for a variance.

APPURTENANT STRUCTURE

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.

AREA OF SHALLOW FLOODING

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.

AREA OF SPECIAL FLOOD HAZARD

The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT

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

BUILDING

See "STRUCTURE".

CHIEF EXECUTIVE OFFICIAL OR CHIEF ELECTED OFFICIAL

The official of the community who is charged with the authority to implement and administer laws, sections, and regulations for that community.

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.

DEVELOPMENT

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.

ELEVATED BUILDING

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.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY

A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NIP).

EXISTING CONSTRUCTION

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".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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).

FLOOD OR FLOODING

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.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An Official Map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION

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.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards.

FLOOD FRINGE

The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM)

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.

FLOOD INSURANCE RATE MAP (FIRM)

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.

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD PLAIN OR FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see "FLOODING").

FLOOD PLAIN MANAGEMENT

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

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.

FLOODPROOFING

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.

FLOODWAY OR REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on Federal, State and local flood plain maps.

FREEBOARD

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.

FUNCTIONALLY DEPENDENT USE

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.

HIGHEST ADJACENT GRADE

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

HISTORIC STRUCTURE

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; or

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; or

3. 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

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved State program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Section.

MANUFACTURED HOME

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".

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP

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).

MARKET VALUE OR FAIR MARKET VALUE

An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL

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.

NEW CONSTRUCTION

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.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

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.

NFIP

The National Flood Insurance Program (NFIP).

PARTICIPATING COMMUNITY (ALSO KNOWN AS AN ELIGIBLE COMMUNITY)

A community in which the Administrator has authorized the sale of flood insurance.

PERSON

Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

PRINCIPALLY ABOVE GROUND

At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE

A vehicle which is:

1. Built on a single chassis,

2. Four hundred (400) square feet or less when measured at the largest horizontal projections,

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.

REMEDY A VIOLATION

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.

RISK PREMIUM RATES

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.

SPECIAL FLOOD HAZARD AREA

See "AREA OF SPECIAL FLOOD HAZARD".

SPECIAL HAZARD AREA

An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A, AO, AE, or AH.

START OF CONSTRUCTION

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.

STATE COORDINATING AGENCY

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.

STRUCTURE

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.

SUBSTANTIAL DAMAGE

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.

SUBSTANTIAL IMPROVEMENT

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:

1. 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

2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE

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.

VIOLATION

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.

WATER SURFACE ELEVATION

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.