[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.
1. 
Unnecessary hardships defined as:
a. 
Deprivation of reasonable return on property.
b. 
Deprivation of all or any reasonable use of the property.
c. 
Inability to develop property in compliance with the regulations.
d. 
Reasonable use cannot be made consistent with regulations.
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.