[R.O. 2009 § 420.010; Ord. No. 2944 § I, 7-8-2010]
A. Statutory Authorization. The legislature
of the State of Missouri has in Section 79.110, 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 Bolivar, Missouri,
ordains as follows.
B. Findings Of Fact.
1.
Flood Losses Resulting From Periodic
Inundation. The special flood hazard areas of the City of Bolivar,
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 floodplain 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 Chapter
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 Chapter is representative of large floods which are characteristic
of what can be expected to occur on the particular streams subject
to this Chapter. 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 dated September 17, 2010, 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 Subsection
(B)(1); 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(d) 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.
[R.O. 2009 § 420.020; Ord. No. 2944 § I, 7-8-2010; Ord. No. 2946 § I, 8-12-2010]
A. Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Bolivar, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Polk County, Missouri, on map panels 29167C0193D, 29167C0195D, 29167C0200D, 29167C0277D, 29167C0281D, 29167C0282D and 29167C0300D dated September 17, 2010, 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
420.050.
B. Floodplain Administrator. The Zoning Administrator
is hereby designated as the Floodplain Administrator under this Chapter.
C. 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.
D. 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.
E. 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.
F. 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 man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This Chapter
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 damage. This Chapter shall not create a liability on the part
of the City of Bolivar, any officer or employee thereof for any flood
damages that may result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
G. 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.
[R.O. 2009 § 420.030; Ord. No. 2944 § I, 7-8-2010]
A. 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 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 floodplain development permit for each structure or other development.
B. Designation Of Floodplain Administrator.
The Zoning Administrator is hereby appointed to administer and implement
the provisions of this Chapter.
C. Duties And Responsibilities Of Floodplain
Administrator. Duties of the Zoning Administrator shall include, but
not be limited to:
1.
Review of all applications for floodplain
development permits to ensure 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
Missouri State Emergency Management Agency (MO SEMA) to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Emergency Management Agency (FEMA);
6.
Ensure 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 Zoning Administrator
shall require certification from a registered professional engineer
or architect.
D. 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 structure 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.
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 Zoning 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.
[R.O. 2009 § 420.040; Ord. No. 2944 § I, 7-8-2010]
The mapped floodplain areas within
the jurisdiction of this Chapter are hereby divided into the two (2)
following districts: A Floodway Overlay District (FW) and a Floodway
Fringe Overlay District (FF) identified in the Flood Insurance Study
(and accompanying maps(s)). Within these districts, all uses not meeting
the standards of this Chapter and those standards of the underlying
zoning district shall be prohibited. These zones shall be consistent
with the numbered and unnumbered A Zones (including AE, AO and AH
Zones) as identified on the official FIRM and identified in the Flood
Insurance Study provided by the Federal Emergency Management Agency.
[R.O. 2009 § 420.050; Ord. No. 2944 § I, 7-8-2010]
A. No permit for floodplain 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 and AE Zones, unless the conditions
of this Section are satisfied.
B. 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.
C. Until a floodway is designated, no new
construction, substantial improvements or other development, including
fill, shall be permitted within any numbered A Zone or AE Zone on
the FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation
of the base flood more than one (1) foot at any point within the community.
D. All new construction, subdivision proposals,
substantial improvements, prefabricated structures, placement of manufactured
homes and other developments shall require:
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;
2.
Construction with materials resistant
to flood damage;
3.
Utilization of methods and practices
that minimize flood damages;
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;
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
6.
Subdivision proposals and other proposed
new development, including manufactured home parks or subdivisions,
located within special flood hazard areas are required to ensure that:
a.
All such proposals are consistent
with the need to minimize flood damage;
b.
All public utilities and facilities,
such as sewer, gas, electrical and water systems, are located and
constructed to minimize or eliminate flood damage;
c.
Adequate drainage is provided so
as to reduce exposure to flood hazards; and
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.
E. Storage, Material And Equipment.
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.
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.
F. Agricultural Structures. Structures used
solely for agricultural purposes in connection with the production,
harvesting, storage, drying or raising of agricultural commodities,
including the raising of livestock, 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; there is
no permanent retail, wholesale or manufacturing use included in the
structure; a variance has been granted from the floodplain management
requirements of this Chapter; and a floodplain development permit
has been issued.
G. 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.
[R.O. 2009 § 420.060; Ord. No. 2944 § I, 7-8-2010]
A. In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided as set forth in Section
420.050(B), the following provisions are required:
1.
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.
2.
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 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 Section
420.030(C).
3.
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:
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
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.
[R.O. 2009 § 420.070; Ord. No. 2944 § I, 7-8-2010]
A. All manufactured homes to be placed within
all unnumbered and numbered A Zones and AE 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.
B. Require manufactured homes that are placed
or substantially improved within unnumbered or numbered A Zones and
AE Zones on the community's FIRM on sites:
1.
Outside of manufactured home park
or subdivision;
2.
In a new manufactured home park or
subdivision;
3.
In an expansion to an existing manufactured
home park or subdivision; or
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
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.
C. 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 and AE Zones on the community's FIRM, that are not subject to the provisions of Section
420.070(B) of this Chapter, be elevated so that either:
1.
The lowest floor of the manufactured
home is at one (1) foot above the base flood level; or
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.
[R.O. 2009 § 420.080; Ord. No. 2944 § I, 7-8-2010]
A. 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 be 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
420.080(A)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section
420.050.
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
420.050(B).
[R.O. 2009 § 420.090; Ord. No. 2944 § I, 7-8-2010]
A. Require that recreational vehicles placed
on sites within all unnumbered and numbered A Zones and AE Zones on
the community's 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.
|
[R.O. 2009 § 420.100; Ord. No. 2944 § I, 7-8-2010]
A. Establishment Of Appeal Board. The Board
of Aldermen as established by the City of Bolivar shall hear and decide
appeals and requests for variances from the floodplain management
requirements of this Chapter.
B. 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 Zoning Administrator, the applicant may apply for such floodplain development permit or variance directly to the Board of Aldermen as defined in Section
420.100(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 Zoning Administrator
in the enforcement or administration of this Chapter.
C. Further Appeals. Any person aggrieved by
the decision of the Board of Aldermen or any taxpayer may appeal such
decision to the Circuit Court of Polk County as provided in Section
89.110, RSMo.
D. 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.
E. Conditions For Approving Floodplain Management
Variances.
1.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections
(E)(2) through
(6) below have been fully considered. As the lot size increases beyond the one-half (1/2) 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 provided
the proposed activity will not preclude the structure's continued
historic designation.
3.
Variances shall not be issued within
any designated floodway if any increase in flood levels during the
base 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.
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.
6.
A 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 Chapter.
F. Conditions For Approving Variances For Agricultural Structures. Any variance granted for an agricultural 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 Sections
420.100(D) and
(E) of this Chapter.
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 agricultural structures that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered
for a variance from the floodplain management regulations of this
Chapter shall demonstrate that the varied structure is located in
wide, expansive floodplain areas and no other alternate location outside
of the special flood hazard area exists for the agricultural structure.
Residential structures, such as farmhouses, cannot be considered agricultural
structures.
2.
Use of the varied structures must
be limited to agricultural purposes in Zone A only as identified on
the community's Flood Insurance Rate Map (FIRM).
3.
For any new or substantially damaged agricultural 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 Section
420.050(D)(2) of this Chapter.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Section
420.050(D)(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.
5.
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 Section
420.050(D)(4) of this Chapter.
6.
The agricultural 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 Section
420.060(A)(3) of this Chapter.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provisions of Section
420.080(A)(2) of this Chapter. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
8.
Major equipment, machinery or other
contents must be protected from any flood damage.
9.
No disaster relief assistance under
any program administered by any Federal agency shall be paid for any
repair or restoration costs of the agricultural structures.
10.
A 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 Chapter.
11.
Wet-floodproofing construction techniques
must be reviewed and approved by the community and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
G. Conditions For Approving Variances For Accessory Structures. 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 Sections
420.100(D) and
(E) of this Chapter.
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.
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).
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 Section
420.050(D)(2) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section
420.050(D)(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.
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 Section
420.050(D)(4) of this Chapter.
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 Section
420.060(A)(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section
420.080(A)(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.
7.
Equipment, machinery or other contents
must be protected from any flood damage.
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.
9.
A 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 Chapter.
|
10.
Wet-floodproofing construction techniques
must be reviewed and approved by the community and registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
[R.O. 2009 § 420.110; Ord. No. 2944 § I, 7-8-2010]
Violation of the provisions of this
Chapter or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection
with granting of variances) shall constitute a misdemeanor. Any person
who violates this Chapter 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 Bolivar or other appropriate authority from taking such other lawful
action as is necessary to prevent or remedy any violation.
[R.O. 2009 § 420.120; Ord. No. 2944 § I, 7-8-2010]
The regulations, restrictions and
boundaries set forth in this Chapter 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 be heard. Notice of the time and place of such hearing shall be
published in a newspaper of general circulation in the City of Bolivar.
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 Chapter are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[R.O. 2009 § 420.130; Ord. No. 2944 § I, 7-8-2010]
Unless specifically defined below,
words or phrases used in this Chapter shall be interpreted so as to
give them the same meaning they have in common usage and to give this
Chapter its most reasonable application.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production,
harvesting, storage, drying or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain 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 SPECIAL FLOOD HAZARD
The land in the floodplain 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.
COMMUNITY
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited 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.
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 FIRMs 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 floodplain
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 of inland
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
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 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.
FLOODPLAIN 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 floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
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.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain 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;
2.
Certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a State Inventory
of Historic Places in States with historic preservation programs which
have been approved by the Secretary of 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 Chapter.
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."
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).
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 floodplain
management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date
of the floodplain 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 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 on or after the effective date of floodplain
management regulations adopted by the community.
NFIP
The National Flood Insurance Program (NFIP).
PARTICIPATING COMMUNITY
Also known as an "eligible community," means 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 floodplain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten (10) year period for which the cost
of repairs at the time of each such flood event equals or exceeds
twenty-five percent (25%) of the market value of the structure before
the damage occurred.
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 HAZARD AREA
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
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 placement of permanent
construction of a structure on a site, such as the pouring of slabs
or footings, the installation of piles, 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
the 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 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
That 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 floodplain 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 repair, 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 its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred. The term includes "repetitive loss buildings"
(see definition).
For the purposes of this definition, "repair" is considered
to occur when the first repair or reconstruction of any wall, ceiling,
floor or other structural part of the building commences.
The term does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely necessary to ensure safe living conditions;
or
2.
Any alteration of an "historic structure"
provided that the alteration will not preclude the structure's continued
designation as an "historic structure"; or
3.
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration or improvement
to a building, taking place during a ten-year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. This term includes structures which have incurred
"repetitive loss" or "substantial damage," regardless of the actual
repair work done.
The term does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely necessary to ensure safe living conditions;
or
2.
Any alteration of an "historic structure"
provided that the alteration will not preclude the structure's continued
designation as an "historic structure"; or
3.
Any building that has been damaged
from any source or is categorized as repetitive loss.
VARIANCE
A grant of relief by the community from the terms of a floodplain
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 floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required by this
Chapter 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 floodplain.