A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 430.040. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article II. Application for a development permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
Certification from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 430.170.
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:
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;
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
The Code Enforcement Officer is hereby appointed to administer
and implement the provisions of this Chapter by granting or denying
development permit applications in accordance with its provisions.
Review all applications for floodplain development permits to assure
that sites are reasonably safe from flooding and that the permit requirements
of this Chapter have been satisfied.
Review 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.
When base flood elevation data has not been provided in accordance with Article III, Section 430.040, then the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source in order to administer the provisions of Article V.
Verify, record and maintain records of the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures.
Verify, record and maintain records of the actual elevation (in relation
to mean sea level) to which the new or substantially improved non-residential
structures have been floodproofed.
When floodproofing techniques are utilized for a particular non-residential
structure, the Code Enforcement Officer shall obtain certification
from a registered professional engineer or architect.
Notify adjacent communities and the State Emergency Management Agency
(SEMA) prior to any alteration or relocation of a watercourse and
shall submit evidence of such notification to the Federal Emergency
Management Agency.
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field condition),
the Code Enforcement Officer shall make the necessary interpretation.
The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided
in this Article.
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.
The
Board of Adjustment as established by the City of Crystal Lake Park
shall hear and decide appeals and requests for variances from the
requirements of this Chapter.
The
Board of Adjustment shall hear and decide appeals when it is alleged
that there is an error in any requirements, decision or determination
made by the Code Enforcement Officer in the enforcement or administration
of this Chapter.
Any
person aggrieved by the decision of the Board of Adjustment or any
taxpayer may appeal such decision to the Circuit Court of St. Louis
County, Missouri, as provided in Section 89.110, RSMo.
In
passing upon such applications, the Board of Adjustment shall consider
all technical data and evaluations, all relevant factors, standards
specified in other Sections of this Chapter, and the following criteria:
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
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, and streets
and bridges.
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, provided Subdivisions (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.
Variances may be issued for the reconstruction or 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 a determination that the proposed activity
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
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.
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) or one hundred
dollars ($100.00) of insurance coverage; and