[Ord. No. 697 §2(I), 11-18-2004]
A.
The Floodplain Manager shall be the Director of Public Works or such other person as the City Administrator may designate from time to time as per Section 415.050.
[Ord. No. 1993, 2-16-2022]
B.
The
responsibilities of the Floodplain Manager shall include:
1.
Understand the regulations governing the floodplain.
2.
Review the floodplain development permit applications.
3.
Conduct inspections.
4.
Take enforcement actions when necessary.
5.
Interact in variance and appeal processes.
6.
Keep records of all floodplain development.
7.
Collect fees.
8.
Investigate complaints of violations.
9.
Maintain and update administrative forms.
10.
Coordinate map appeals and revisions.
11.
Maintain currently issued floodplain maps and flood data.
12.
Disseminate floodplain management information.
13.
Complete FEMA biennial reports.
14.
Complete community assistance visits.
[Ord. No. 697 §2(II), 11-18-2004]
A.
Submittal
of floodplain development permit application:
[Ord. No. 1778, 7-31-2019; Ord.
No. 1993, 2-16-2022]
1.
Floodplain development permit applications are to be submitted to
the Floodplain Manager.
B.
Technical Documentation Review. Any technical documents
submitted with the application shall be reviewed by the Floodplain
Manager or those under his/her immediate supervision. Technical documents
may include, but not be limited to, the following:
[Ord. No. 1993, 2-16-2022]
1.
Engineered construction drawings.
2.
Hydrologic calculations.
3.
Hydraulic calculations.
4.
Computer models and reports.
5.
Subsurface engineering data/reports.
6.
Elevating construction methods.
7.
Floodproofing construction methods.
8.
Cost estimates.
9.
Alternative flood designs.
10.
Certified documents (there are four (4) conditions that necessitate
filing certified documents):
a.
Floodway Encroachment/"No-Rise" Certificate. If any or part of the
proposed project is to be located in a designated floodway, the applicant
must submit engineering documentation demonstrating and a signed and
sealed "no rise" certificate that the proposed encroachment would
not result in any increase in base flood heights.
b.
Watertight Floodproofing. In the event a non-residential structure
is to be floodproofed according to the NFIP standards, the applicant
must submit a floodproofing certificate from a registered professional
engineer or architect certifying that the design and methods of construction
meet these standards. Note: to receive a flood insurance rate based
on 100-year flood protection, the non-residential structure must be
dry floodproofed to an elevation at least one (1) foot above the base
flood elevation to be rated at the base flood elevation rate (i.e.,
one (1) foot of freeboard).
c.
Enclosures Below The Lowest Floor. When an applicant designs an enclosure
below the lowest floor using an alternative to the minimum standard
for openings prescribed in the NFIP requirements, a registered professional
architect or engineer must certify the design accounts for the effects
of hydrodynamic loads and buoyancy.
d.
Basements Below The BFE In An Area Being Removed By LOMR/LOMA. Basements
proposed below the BFE are not recommended by the City. However, if
basements are proposed below the BFE in an area proposed to be removed
from the floodplain by LOMR or LOMA, a certification must be provided
along with the MT forms that all structures are "reasonably safe"
from flooding in accordance with Section 60.3 in the Code of Federal
Regulations and FEMA's Technical Bulletin 10-01 and it shall also
be certified that the City shall be held harmless from any losses
resulting from future flooding related to the project design.
C.
Outside Coordination Of Application. It may be necessary
to submit the application and/or plans and calculations to agencies
outside the municipality. These submittals will be governed as follows:
1.
Submit copies of complete application package to the Floodplain Manager
and possibly outside agencies for review to include the Missouri Department
of Natural Resources, St. Louis District Corps of Engineers, St. Charles
County and upstream municipalities. The cover letter should request
review within two (2) weeks.
2.
If the project involves an alteration or relocation of a watercourse,
the Floodplain Manager must notify adjacent communities and the State
NFIP coordinating agency, the Missouri Department of Public Safety
and the FEMA Regional Office. This should be accompanied with a cover
letter of transmittal requesting comments within two (2) weeks and
mailed when the in-house review has begun.
3.
A proposal to change a floodway delineation or a floodplain boundary
must be forwarded to the upstream community and reviewed and approved
by FEMA as well as by the community.
D.
Approval Of Denial Of The Floodplain Development Permit Application. The floodplain development permit application shall receive final
approval or denial under the determination of the Floodplain Manager.
This procedure shall be performed as follows:
[Ord. No. 1993, 2-16-2022]
1.
Approval. Upon final approval of the floodplain development permit,
the Floodplain Manager shall notify the applicant in writing. Approved
permits shall be filed with the Floodplain Manager's office along
with all supporting documentation.
2.
Conditional Approval. Any conditions issued as part of the approval shall be documented to the applicant, in writing, by the Floodplain Manager and attached to the permit application. Verification of all conditions shall be performed at the time of the site inspections in accordance with Section 420.030 of this Chapter. Conditional permits shall be filed with the Floodplain Manager's office along with all supporting documentation.
3.
Denial. If an application is denied, the Floodplain Manager shall
notify the applicant, in writing, and return all but one (1) copy
of any supporting documentation. In addition, the Floodplain Manager
shall clearly state the reasons for denial and notify the City Administrator,
in writing, as well. A copy of the denied permit application along
with one (1) copy of all supporting documentation shall be kept on
file with the Floodplain Manager.
[Ord. No. 697 §2(III), 11-18-2004]
A.
Inspection One.
1.
Upon issuance of the permit, the applicant is to notify the Floodplain
Manager's office at least twenty-four (24) hours prior to the start
of grading operations. The first (1st) inspection will be performed
at the time that grading begins by the development inspector on-site.
The checklist shown in Exhibit B shall be completed and placed on
file. Any potential deficiencies will be sent to the builder/developer
in writing.
2.
The development site is reviewed by the development inspector verifying
that the proposed plans are consistent with actual ground conditions
as well as any planned or completed grading and that the indicated
locations of the floodplain/floodway lines are reasonable.
B.
Inspection Two.
1.
The second (2nd) inspection will be performed at the time of the
initial footing inspection for the structure by the development inspector
on-site. The Building Department will notify the development inspector
at least twenty-four (24) hours prior to the scheduled footing inspection
of the structures(s). Where an elevated floodproofed structure is
being constructed, this inspection shall be scheduled just prior to
the placement of the lowest floor to the building.
2.
The development inspector will then complete the checklist shown
in Exhibit B and place it on file. The development inspector shall
confirm the type of foundation being used is the type specified on
the plans and check any possible floodway encroachments.
3.
The development inspector shall then request "as-built" drawings
with the elevations of all site grading. Any potential permit violations
shall be sent to the builder/developer in writing along with a copy
of the inspection checklist.
C.
Inspection Three.
1.
At the time of the request for community certification of a LOMA
or LOMR application or at the time of the final building occupancy
inspection, if such an application has not been made, the development
inspector shall perform the third (3rd) and final inspection.
2.
The development inspector will complete the checklist shown in Exhibit
B and place it on file. The development inspector shall review necessary
slope and protection compliance for fill slopes. The development inspector
shall also check enclosures below the lowest floor (if applicable),
check breakaway walls, check anchoring systems and any possible floodway
encroachments.
3.
The development inspector shall then request final "as-built" drawings
of the site and/or an elevation certificate and/or a floodproofing
certificate be completed for the structure. Any potential permit violations
shall be sent to the builder/developer in writing along with a copy
of the inspection checklist. Upon review of the final documentation,
the community certification will be signed by the Floodplain Manager
and/or an occupancy permit will be approved by the Floodplain Manager.
D.
Additional Inspections.
1.
Any additional inspections deemed necessary by the Floodplain Manager
shall be performed and invoiced to the developer/builder accordingly.
2.
The development inspector shall complete a standard "field report"
form for any additional inspections and the developer/builder shall
receive a copy of this report noting any potential permit violations.
E.
Inspection Fees. Inspection services for all developments
within the City are charged to the property developer and/or escrow
holder according to the current standard chargeout rates for time
and material expenses of the inspection service provider including
fifteen percent (15%) for City administration services.
[Ord. No. 697 §2(IV), 11-18-2004]
A.
Administrative Methods.
1.
If an infraction is found during an inspection of ongoing construction,
the development inspector shall verbally notify the construction supervisor
on-site and the Floodplain Manager. The Floodplain Manager shall then
transmit a certified letter identifying the deficiencies to the developer,
requiring a letter in response containing the schedule for correction
and following up with another visit to ensure compliance.
2.
If the violation is serious or if the problem has not been addressed
after the follow-up inspection, the Floodplain Manager shall transmit
a certified letter documenting the deficiencies, stating a specific
timeframe to correct the violation, state the ramifications of non-compliance
and copying the City Attorney for notice of possible violation.
3.
If steps (1) and (2) described above do not result in compliance,
the Floodplain Manager shall issue a stop work order and issue a certified
letter to revoke the permit.
B.
Judicial Methods. If the violation continues, then the Floodplain
Manager shall contact the City Attorney to file charges against the
developer/builder or contact the District Attorney for State or Federal
legal action.
[Ord. No. 697 §2(V), 11-8-2004]
A.
A variance
is a waiver of one (1) or more of the specific standards required
in ordinances. It represents a community's approval to set aside floodplain
regulations that were adopted to reduce loss of life and property
damages due to flood. While the impact of a single variance on a flood
hazard may not be significant, the cumulative impact of several variances
may be severe. Therefore, variances should be discouraged when possible.
Variances shall be requested and processed as provided under
the Town Zoning Ordinance provisions. Documentation shall be filed
in the permit file.
When a variance is granted by the community, the Floodplain
Manager shall document the justification for the variance. This will
be required by FEMA when the community is audited. Documentation shall
include calculations of the effect the construction will have on the
flood elevations as well as an exact depiction of the permitted work
and identification of the regulation provision for which the variance
is granted.
B.
The
primary criteria for granting a variance is predicated on the clear
establishment of an unnecessary hardship created for the property
owner. The following is a list of demonstrated unnecessary hardships.
2.
Insufficient reasons:
a.
Less than a drastic depreciation of property.
b.
Convenience of property owner.
c.
Additional costs to build in conformance with codes.
d.
Circumstances of owner not the land.
e.
To obtain better financial return.
f.
Property similar to others in neighborhood.
g.
Hardship created by owner's own actions.
C.
Considerations In Evaluating A Variance. In passing upon
applications, the Board of Aldermen shall consider all technical evaluations,
all relevant factors and standards specified in other Sections of
this Chapter.
1.
The danger that materials may be swept onto other lands to the injury
of others.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of 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 flooding
or erosion 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 and the effects of wave action, if applicable,
expected at the site.
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 and streets
and bridges.
D.
Approval. If a variance in floor elevation is approved,
the community must send a letter to the applicant stating that the
cost of flood insurance will be commensurate with the increased risk
resulting from the lowering of the lowest floor elevation.
E.
Review Process. Applications for variance shall be reviewed
by the Floodplain Manager within two (2) weeks of submission. Review
shall include a site visit to confirm the represented situation. The
application shall be reviewed for completeness and the representations
tested against the above criteria. If the application is accurate
and complete, the Floodplain Manager shall place the issue on the
agenda for the next Board of Adjustment meeting and provide his/her
recommendation on the cover memo.
F.
Appeals. Once the request for a variance is heard, it must
be either granted or denied. If the variance is denied, then the property
owner has the legal right to appeal that administrative decision to
the Board of Aldermen. Should the decision of the Board still be unacceptable
to the property owner, the owner can seek relief through the judicial
court system, Circuit Court of St. Charles County, Missouri, as provided
in Chapter 89.110, RSMo. Before the case can be presented to the court,
all administrative and legislative remedies must be exhausted.
[Ord. No. 697 §2(VI), 11-8-2004]
A.
Floodplain Development Permits. All floodplain development
permits shall be stored in the Floodplain Manager's office in a separate
file for floodplain development. The permits shall be filed according
to the numbering system described in Section 420.020(A)(3) of this
document and cross-referenced with the development number (i.e., Cottleville
- 10008.##). The Floodplain Manager shall be responsible for maintaining
and updating the files within his/her office. Any map revisions received
as a part of the development shall be filed with the development's
floodplain permit file. However, a copy of the map revision shall
be kept in a central file for map revisions as described below.
[Ord. No. 1993, 2-16-2022]
B.
NFIP/Floodplain Management Related Documents. Additional
documents related to the administration of the community's floodplain
but not related to a development as to be tied to a permit shall be
filed in the Floodplain Manager's office in separate files. The following
files shall be created consisting of at least the following:
1.
NFIP biennial reports.
2.
NFIP correspondence and regulation changes.
3.
"Submit for rate" copies on all structures built below 100-year flood
levels.
4.
Letters of map revisions or amendments.
5.
Map revision/amendment appeals and clarifications.
6.
Approximate "A" Zones.
7.
Community assistance visit summaries.
8.
Flood maps and flood insurance studies.
9.
Variances.
C.
Administrative Forms. Forms for floodplain management shall
be converted to digital format and made available on the City's website
(www.cityofcottleville.com). If digital copies of the forms themselves
are not placed on the website, a link shall be provided directing
them to the official forms provided by the NFIP. Hard copies of each
form shall be kept in the Floodplain Manager's office.
[Ord. No. 697 §2(VII), 11-8-2004]
A.
Map Revisions By Development. All map revisions (LOMR/LOMA)
related to a development shall be filed with that development's floodplain
development permit. However, a copy of each LOMR/LOMA related to development
shall also be filed in the central map revision file maintained by
the Floodplain Manager. All map revisions shall be scanned digitally
and inserted into the City's overall digital floodplain map.
B.
Map Revisions Other Than By Development. All map revisions
(LOMR/LOMA) unrelated to a development shall be filed in the central
map revision file maintained by the Floodplain Manager. All map revisions
shall be scanned digitally and inserted into the City's overall digital
floodplain map.
C.
Map Revision Appeals And Clarifications. All appeals for
amendment/revision to the City's FIRM/FBFM/FIS or any correspondence
related to clarifying the location of a floodplain or floodway location
shall be filed in the central Map Appeals and Clarification file maintained
by the Floodplain Manager.
D.
FEMA Maps And Studies. At least three (3) hard copies of
the community's most recent FIRMs or FBFMs and FISs shall be kept
on file in the Floodplain Manager's office. Requests from the general
public for floodplain maps can be provided electronically or printed
from the community's overall digital floodplain map.
E.
Unnumbered "A" Zones. When a community has entered the regular
phase of the NFIP through a special conversion of their Flood Hazard
Boundary Map (FHBM) over to a Flood Insurance Risk Map (FIRM), the
flood areas designated as "Zone A" may be the only flood zone designation.
These zones do not have base flood elevations established by study.
The lack of elevations on the map does not remove the requirement
for elevating structures. In this case, the community is required
to obtain, review and use any base flood elevation data or floodway
data available from a Federal, State or other source. Developers may
perform the necessary calculations to determine these zones and elevations
in support of their development applications. This data, along with
any other data available to establish zone designations and BFEs,
shall be reviewed by the Floodplain Manager and, on confirmation,
be posted to the official community floodplain maps. Calculations
and other supporting documents shall be maintained in the central
Approximate "A" Zones file maintained by the Floodplain Manager.
[Ord. No. 697 §2(VIII), 11-18-2004]
A.
Every
two (2) years, FEMA sends a preprinted form to the community floodplain
managers that should be completed and returned within thirty (30)
days. It requests information concerning any changes to the community's
flood hazard area, development activities that have taken place in
the floodplain and verifications of the number of floodplain residents
and structures.
1.
The report must be signed by the Floodplain Manager and returned
to FEMA at the address provided. A copy of the completed report shall
be retained in the central biennial report file maintained by the
Floodplain Manager.
2.
The biennial report indicates to FEMA the degree of development pressure
on the floodplain. Variances issued in the floodplain are of particular
interest to FEMA. A copy of the entire central variance file maintained
by the Floodplain Manager shall be provided to FEMA with each biennial
report.
3.
Copies of each biennial report shall be provided to the Building
Department, the City Administrator's office and the City Clerk's office
for reference.
