[Ord. No. 8.501, 2-7-2011]
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 Article
II, Section
415.040. 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.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.502, 12-2-2019]
The City Clerk is hereby designated as the Floodplain Administrator
under this Chapter.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.503, 12-2-2019; Ord. No. 8.503, 1-6-2020]
A. The
City Clerk has been designated as the Floodplain Administrator whose
duties are as follows:
1. Understand regulations of the National Flood Insurance Program (NFIP).
2. Review Floodplain Development Permits/Applications.
3. Conduct inspection in the floodplain.
4. Initiate enforcement actions, when applicable.
5. Interacting in variance and appeal processes.
7. Investigate complains of violations.
8. Maintain and update administrative forms.
9. Maintain floodplain snaps and flood data.
10. Disseminate floodplain management information.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.503, 12-2-2019; Ord. No. 8.503, 1-6-2020]
A. Requirements
For Development Permits In Floodplain Area.
1. Require floodplain development permits for activities in the floodplain
area including:
a. Maintenance of unobstructed floodways.
b. Water course alterations.
c. New development (residential and non-residential).
e. Substantially damaged structures.
f. Substantially improved structures.
i. Filling, grading, channelizing and excavating in the floodplain.
2. Require the following information on floodplain development permits:
b. Permits from other parties or agencies when applicable.
d. Floodproofing certificates if applicable.
f. Cost analysis for substantial damage or substantial improvement.
h. "No-rise" certification where applicable.
B. Information
Required For Floodplain Permits.
1. A floodplain development permit is necessary for any development
in the floodplain.
2. An NFIP Elevation Certificate signed by a Missouri professional engineer,
surveyor, or architect showing the elevation of the site and of the
lowest floor, which must be one (1) foot above the BFE for new or
substantially damaged or improved structures.
3. A "no-rise" certificate will be needed if the development is in the
floodway. This certificate may be a written statement from a Missouri
professional engineer stating no increase in flood height will be
caused from the development. This certificate must be completed before
a floodplain development permit can be issued by the City.
4. Wet floodproofing may be allowed for accessory structures used solely
for parking, building access, or limited storage with proper entry
and exit for flood water, and constructed with water resistant materials.
5. If dry floodproofing is used for non-residential structures, a certificate
must be signed by a Missouri professional engineer or architect.
6. Site information needed includes elevation data, property lines,
location of streets and placement of structures.
7. Building plans should include type of structure, use placement of
lowest floor, details of construction, new or add-on construction,
type of materials, anchoring requirements, any other data pertinent
to the construction.
C. Permit
Review Process.
1. Floodplain development permit applications are to be submitted to
the Floodplain Administrator for review.
2. Floodplain Administrator will review the permit to ensure the required
information is listed.
3. Floodplain development permits will be approved or denied and signed
by the Floodplain Administrator.
D. Inspection.
1. First inspection will be to confirm if the site information and data
conform to requirements.
2. Second inspection will determine if the lowest floor elevation conforms
with base flood elevation requirements and construction is proceeding
according to the submitted plans.
3. Third inspection will determine if construction compiled with the
plans, including, but not limited to, anchoring, openings, materials,
etc.
E. Enforcement
Actions. Should a permit applicant desire to appeal the decision of
the City's Floodplain Administrator, they may plead to the Appeal
Board (Board of Aldermen) of the City of California. The Board of
Appeals shall hear and decide appeals when it is alleged that there
is an error in any requirements, decision or determination made by
the Floodplain Administrator in the enforcement or administration
of the Section. Any person aggrieved by the decision of the Board
of Appeals my appeal such decision to the Circuit Court of Moniteau
County, Missouri, as provided in Section 89.110, RSMo. When violations
occur, the person will be informed verbally. If no action is taken
to remedy the violation, the person will be informed, in writing,
by certified mail of the specific violation and given a reasonable
time frame to correct deficiencies. Possible penalties may include
stop work orders, fines, revoking permits, or a combination of these
activities.
[Ord. No. 8.503, 12-2-2019; Ord.
No. 8.503, 1-6-2020]
A. Record
Keeping. The City of California Floodplain Administrator will establish
and maintain a file of records pertaining to floodplain management
in the City Hall, both blank and completed forms, including but not
limited to development permits, elevation certificates, floodproofing
certificates, "no-rise" certificates and variance forms.
B. Maps.
The City will keep on file the applicable NFIP maps for the City of
California.
C. Investigate
Complaints. The Floodplain Administrator should investigate all complaints
within one (1) week of receiving the compliant.
D. Damage
Assessment. In the event of a major flood or rainfall event which
affects numerous structures, the Floodplain Administrator will conduct
the following damage assessment procedures:
1. Compile a listing of all flood damage structures.
2. Inspect each structure for extent of damages.
3. Make a detailed list of damages such as foundations, basements, floors,
walls, cabinets, built-in appliances, furnaces, air conditioners,
roofs, and any other damages that can be determined.
4. Attempt to ascertain a total damage cost for each facility.
5. Request the market value of each structure from the Moniteau County
Assessor.
6. Make a determination of substantial damage by comparing cost of repair
to the market value, or
7. Complete substantial damage evaluations by using FEMA's Substantial
Damage Estimator software.
8. Use the permit procedures for all applications for repair or construction.
E. Appendices.
Attached to this document (and held on file in the City offices) are
the forms to be used in implementing this procedure:
Floodplain development permit/application;
Elevation certificate;
Floodproofing certificate;
"No-rise" certificate; and
Floodplain variance request form.