[R.O. 2013 § 410.230; R.O. 2012 § 410.230; Ord. No. 929 Art. II, 1-19-2006]
A. Permit Application Required.
1.
Any person, firm, corporation or other entity desirous of building or developing any structure(s) or subdivision(s) within the Village of Hanley Hills shall submit a floodplain development permit application to the Floodplain Administrator. The application must be made and signed by the landowner. The floodplain development permit application shall substantially be in the form noted in Section
410.260 of this Chapter. Any floodplain development permit application must be accompanied by the documentation set forth below and shall be accompanied by the fee set for floodplain development permits provided for in the Village Code. The application itself shall provide for nothing receipt of the application fee, the date so received and the form of payment received.
2.
All floodplain development applications shall be accompanied
by a legal description of the land on which the proposed work is to
be done, two (2) sets of sealed, engineered plans and specifications
for proposed construction, elevation certificates, floodproof certificates,
a certificate from a registered professional engineer or architect
that the non-residential floodproofed structure meets the floodproofing
criteria or evidence that the residential structure will be constructed
outside the floodplain and/or the basement floor elevation is above
base flood elevation (BFE) and all permit applications required by
Village ordinance for construction of any building or structure within
the Village of Hanley Hills with relative flood information.
3.
Upon receipt of the application and review by the Floodplain
Administrator, the applicant shall supply other information as reasonably
may be required by the Building Commissioner [for example, requiring
a statement from the applicant that they are aware that elevating
or floodproofing structures above the minimum levels will result in
insurance premium reduction, especially in the case of non-residential
floodproofing when a minus one (-1) foot penalty is assessed at the
time of rating of the structure for the policy premium].
[R.O. 2013 § 410.240; R.O. 2012 § 410.240; Ord. No. 929 Art. III, 1-19-2006]
A. Reviewing The Floodplain Development Permit Application.
1.
The Floodplain Administrator shall review the permit application
by using the permit application checklist to determine and ensure
that the following matters have been addressed:
a.
Application completed and signed;
c.
Type of structure/proposed use;
d.
Blueprints/development plans submitted;
e.
Base flood elevation (BFE) documented;
f.
Elevation certificate submitted and complete;
g.
Floodproofing certificate submitted and complete;
h.
Anchoring requirements/proposed anchoring documented;
i.
No-rise certification complete;
j.
Openings for enclosures below lowest floor reviewed;
k.
Topographic information included;
l.
Floodplain and floodway boundaries shown;
m.
Construction material/method shown;
n.
Location of utilities shown;
o.
Subdivision/lot boundaries/property line shown;
q.
Cost analysis/estimate for substantial damage/improvement documented;
r.
Corps of Engineers permit attached or proof of application attached;
s.
Missouri Department of Natural Resources permit attached or
proof of application attached;
t.
Proposed watercourse alterations/relocation notification to
adjacent communities shown;
u.
FEMA approval requested for proposed alteration or relocation
of watercourse;
v.
Letter of map change attached;
w.
Historic designation made or not made;
x.
Engineering plans submitted under seal;
y.
Hydrologic/hydraulic calculations shown;
z.
Loading calculations and structural design shown;
aa.
Alternate design for openings for enclosure below BFE shown;
ab.
Design of breakaway walls greater than twenty (20) pounds a
square foot shown.
2.
Upon receipt of the application and once a determination that
the application is complete pursuant to all the requirements set forth
heretofore, the Floodplain Administrator shall review the documentation
for compliance with technical requirements of the Village of Hanley
Hills floodplain management ordinance. In the event that the current
Floodplain Administrator does not feel he or she has the technical
background necessary for reviewing compliance with the technical requirements
of the Code, then the Floodplain Administrator shall upon entry into
the position contract with an architect or engineering firm to perform
technical review of the permit application. The review of the application
shall be completed as soon as practicable and within a reasonable
time after submission to the Village thereof.
3.
Once a determination has been made that the application technically
complies with the Village's floodplain management ordinance, a copy
of the completed application shall be forwarded to an engineering
firm for review. The engineering firm shall be contracted for on a
yearly basis with the Village of Hanley Hills, and if no such firm
is currently under contract with the Village of Hanley Hills, then
the Floodplain Administrator may seek bids from a minimum of three
(3) engineering firms to complete the review of the application. The
lowest responsible bidder shall be chosen by the Floodplain Administrator.
The engineering review shall consist at a minimum of review of the
NFIP requirements, the hydrologic and hydraulic calculations, loading
calculations and methods of construction relative to floodproofing,
alternative designs for openings below lowest floor, and design and
methods of construction for breakaway walls exceeding S.O.P. loading
resistance of twenty (20) pounds per square foot.
4.
The engineering firm shall complete the review as soon as practicable
and within a reasonable period of time.
B. Approval Or Denial Of Floodplain Development Permit Application.
1.
Upon completion of review of the permit application, the Floodplain
Administrator shall approve the permit if the review indicates that
it complies with Village Code. The applicant shall be notified within
seven (7) days of completion of the review of any decision by the
Floodplain Administrator. In the event that reviewing the permit and
the plans submitted therewith indicate that certain development conditions
need to be met, then the Floodplain Administrator may conditionally
approve the permit. The conditionally approved permit shall clearly
indicate on all records of the floodplain development permit approval
the specific conditions upon which the permit is being issued.
2.
If the proposal fails to comply with the Village Code, then
the Floodplain Administrator shall deny the application. Specific
reasons for denial of the application shall be stated in such a fashion
so that the applicant may make the appropriate corrections. The decision
of the Floodplain Administrator shall be sent directly to the applicant,
in writing. A copy of the decision of the Floodplain Administrator
shall be kept with the initial application in a file to be maintained
by the Village Clerk.
3.
Any denial by the Floodplain Administrator of an application
shall be appealable to the Board of Trustees. An application for appeal
must be filed within thirty (30) days of receipt of the denial letter
from the Floodplain Administrator. Receipt of the denial letter shall
be presumed to be three (3) days after mailing if sent to the applicant
at any address supplied by the applicant to the Village. Upon receipt
of such application for appeal, the Board will set a special meeting
to hear the appeal and will notify the applicant of such date within
ninety (90) days of receipt of the application for appeal. The Chairperson
of the Board of Trustees shall preside at the hearing. No new evidence
shall be permitted to be introduced at the appeal. The appeal will
be determined upon whether or not the application as submitted complies
with the Village ordinances. The applicant shall have the opportunity
to address the Board on this issue alone.
C. Village Clerk To Keep Application. Each application shall be numbered
by the Village Clerk and shall be kept in chronological order in a
separate area within the Village Hall designated application for floodplain
development permit. A master list of each application made and each
number given thereto shall be maintained separately by the Village
Clerk. The Village Clerk shall also keep a copy of the application
in a separate file under the name of the applicant. Such separate
files shall be kept in alphabetical order and shall contain therein
a cross reference to the number file wherein the original is kept.
[R.O. 2013 § 410.250; R.O. 2012 § 410.250; Ord. No. 929 Art. IV, 1-19-2006]
A. General.
1.
Prior to the issuance of a floodplain development permit, an
inspection of the site shall be performed to verify that the proposed
site is in the floodplain and to get a general idea of where the structure
will be built. All inspections shall be performed by the Floodplain
Administrator or his/her designee. All inspectors shall be aware of
the floodplain development requirements and shall report any suspicious
activity in the floodplain to the Floodplain Administrator. No inspections
set forth herein shall take place more than one hundred twenty (120)
days from the last inspection. Upon issuance of a floodplain development
permit, inspections of the site and construction work shall be performed
on a periodic basis as the construction work progresses.
2.
All inspections performed shall be recorded by the inspector
and the original shall be kept with the file designated for the application
of the permit. A copy of the inspection shall be kept by the inspector
in a separate file which shall be maintained by the Village Clerk
underneath the name of the applicant and such file shall be kept in
alphabetical order by the Village Clerk. The inspection file may be
the same file in which a copy of the original application is kept.
3.
The inspector will relate any deficiencies to the permit holder
by issuing a correction notice to the permit holder by mail as well
as at the job site. A duplicate of the correction notice shall be
kept in both the application for permit file and the inspection file
previously noted and shall be maintained by the Village Clerk.
4.
Construction documents shall be routinely reviewed by the inspectors
prior to any inspection to verify lowest floor elevation. A registered
land surveyor or engineer must submit sealed documents verifying elevations
and actual location of floodplain boundaries as described in the approved
set of drawings. Elevation must be verified prior to placement of
the lowest floor of the structure. At or near the final inspection,
several areas of flood development will be reviewed, including, but
not limited to, landscaping, berms, retention areas, stormwater management
and floodway encroachments.
5.
At each inspection, the inspector shall confirm that the line
between design and actual construction/development is made in compliance
with the approved plans. Any deviation noted from the plans shall
be noted as set forth above.
B. Inspection 1.
1.
The first inspection shall be performed immediately after completion
of surveyor's location of base flood elevation (BFE) and precise construction
location in the field. Inspection results will be entered on the floodplain
development inspection form. Permit holder will be provided with the
inspection results and a copy of the inspection form at the time of
inspection or at a subsequent meeting in person. The original inspection
form shall be kept in the inspection file and a copy thereof shall
be placed in the permit file.
2.
At the first inspection, with plans in hand, the inspector shall
determine that site identified on the proposed plans is consistent
with actual ground conditions shall further verify the location of
floodplain and floodway boundaries, if applicable.
C. Inspection 2.
1.
The second inspection shall be performed just prior to the placement
of the lowest floor of the building. The inspector shall determine
at that time whether the lowest floor will be situated to the heights
stipulated on the permit and construction plans, the type of foundation
used is the type set forth in the construction plans and shall check
floodway encroachments, if applicable. This inspection shall be performed
by the inspector immediately after the foundation is formed, but prior
to the placement of any concrete.
2.
Any discrepancies discovered by the inspector shall be recorded
and shall be served upon the permit holder as set forth for Inspection
1. The records of any notice of violation as well as the inspection
itself shall be kept as set forth for Inspection 1.
D. Inspection 3. At or near the completion of the development or the
construction, a third inspection shall take place by the inspector
to:
1.
Determine whether the placement of fill, if used, meets the
necessary slope and protection standards contained in local regulations;
2.
Inspect enclosures below the lowest floor to ensure adequately
sized openings exist;
4.
Check for floodway encroachments, if applicable; and
5.
Check anchoring system used in securing manufactured homes.
This inspection shall be performed by the inspector after the
improvements are fully completed. Any discrepancies noted by the inspector
shall be served upon the permit holder in the same manner as set forth
for Inspection 1. Records of the inspection and any notice of deficiencies
shall be kept as set forth in Inspection 1 above.
E. Future Additional Inspections. No future/additional inspections shall
be required unless after Inspection 3 the property does not pass inspection.
Upon successfully passing Inspection 3, no scheduled inspections will
take place on the property. The Village reserves the right to inspect
the property from time to time to ensure compliance with the Floodplain
Management Regulations. All permits issued shall specifically state
that the permit is issued upon the condition that the Village of Hanley
Hills may perform an inspection upon the property at any time and
that the applicant consents to allowing the inspection to take place
which includes allowing inspection of the Village of Hanley Hills
to come onto the applicant's property. The applicant shall further
be notified that the applicant must notify any subsequent landowner
of this provision for the permit being issued and that same condition
will run with the land and continue indefinitely until such time as
the Federal Government or the State of Missouri determines that the
property is no longer within a floodplain.
[R.O. 2013 § 410.260; R.O. 2012 § 410.260; Ord. No. 929 Art. V, 1-19-2006]
A. Violation.
1.
Any non-compliance with the approved permit or any non-compliance
with the Village Floodplain Management Regulations shall constitute
an ordinance violation. Any ordinance violation so noted shall be
subject to the penalties set forth herein. Any person or business
entity who is the permit holder shall be responsible for compliance
with the Village Code and subject to the violations set forth herein.
Any discrepancy found shall be a violation whether or not the permit
holder knew or should have known of the violation.
2.
The inspector shall, upon noting any violation, in addition
to issuing a notice of non-compliance, seek the aid of a Police Officer
within the Village of Hanley Hills to issue a summons to the permit
holder for the noted violation. Said summons shall require the permit
holder to appear in Municipal Court to answer to the charge made by
the inspector. Any violation found by the court shall be punished
by a fine from fifty dollars ($50.00) to one thousand dollars ($1,000.00)
or from one (1) day in jail to ninety (90) days in jail or a combination
of fine and jail time as the court deems appropriate.
B. Stop-Work Order.
1.
If the non-compliance found by the inspector is serious or if
the problem continues after follow up inspections, the inspector shall
issue a stop-work order. The stop-work order shall be hand delivered
in the field and followed up with a letter via certified mail. The
letter will state the issue of non-compliance, refer to the ordinance
so violated and allow up to thirty (30) days to correct the action.
In the event that the permit holder fails to correct the violation
within the time stated in the stop-work order or fails to stop work
upon the project (except for work necessary to bring the project into
compliance), the Village will take any legal action necessary to enforce
its order as allowed by law. Such actions may include an injunction,
a restraining order and/or suit for damages. Despite this Subsection,
the Village shall prosecute in Municipal Court all violations of the
Floodplain Management Code and of this Article.
2.
In the event that the permit holder believes the inspector to be incorrect in his/her decision to issue a stop-work order, then the permit holder will have the right to appeal said decision to the Board of Trustees of the Village of Hanley Hills. A hearing will be convened as set forth in Section
410.190, except that the permit holder and the Village will have the opportunity to present evidence at the hearing. A record of the hearing will be maintained. Any party aggrieved by the decision of the Board shall have the right to appeal the decision to the Circuit Court of St. Louis County, Missouri, as provided for in Missouri Statutes for Administrative Appeals (see Sections 536.010 et seq., RSMo.).
C. Revocation Of Permit. Upon non-compliance with a stop-work order
and failure to correct the non-compliance stated therein within the
time frame specified therein, the Floodplain Administrator shall revoke
the permit issued pursuant to this Article. Once revoked, the permit
holder must reapply for a permit as if no permit had previously been
issued. Any work done at the site after revocation of the permit shall
be subject to prosecution in Municipal Court as well as any civil
action for injunction and/or damages the Village deems appropriate.
In the event the Municipal Court finds that the permit holder knowingly
violated the stop-work order and notice of revocation of permit, the
court shall sentence the permit holder to a fine of five hundred dollars
($500.00) to one thousand dollars ($1,000.00) and shall sentence the
permit holder to serve a minimum of twenty-four (24) hours in jail.
The maximum jail time under this Section shall be fifteen (15) days.
In the event that the court finds that the permit holder had previously
violated this Section of this Article, the court shall sentence the
permit holder to serve a minimum of two (2) days in jail and pay a
minimum fine of seven hundred fifty dollars ($750.00). The maximum
jail time under this Section shall be fifteen (15) days and the maximum
fine shall be one thousand dollars ($1,000.00).
[R.O. 2013 § 410.270; R.O. 2012 § 410.270; Ord. No. 929 Art. VI, 1-19-2006]
A. The variance procedure shall be as set forth in the current Code of the Village of Hanley Hills Section
410.130 as codified in Ordinance No. 817 which ratified Ordinance No. 668 of the Village of Hanley Hills, Missouri.
B. An applicant seeking a variance must file the completed application
for variance from the Board of Adjustment and pay the variance request
fee of seven dollars ($7.00) for residential property and one hundred
fifty dollars ($150.00) for non-residential property. Both applications
must also include an advertising fee of thirty dollars ($30.00).
[R.O. 2012 § 410.280; Ord. No.
929 Art. VI, 1-19-2006]
A. Recordkeeping.
1.
The Village Clerk shall maintain all records with regard to floodplain development. Application for permits and permits shall be kept as set forth in Section
410.190 which requires both a numbering system for the application as well as a copy kept under the name of the applicant and a cross-reference system. Any other documents which pertain to the permit shall be kept as follows:
2.
The original shall go in the application file, and a copy shall
be placed in the cross referenced named file of the applicant. Such
documents shall include, but not be limited to, application for variance,
elevations and floodproofing certificates, the findings of fact relative
to variance and appeal, "no rise" certification in case of floodway
development and copies of "submit for rate" on all structures built
below base flood elevation. Further, a copy of all checklists and
forms associated with the project/application shall be maintained
in the same manner.
B. General Floodplain Development Documents.
1.
The following documents shall be maintained by the Village Clerk
in folders labeled Floodplain Management with a calendar year thereon:
All documents for the calendar year which pertain to floodplain development,
including, but not limited to, NFIP bi-annual report forms, other
NFIP correspondence, floodplain management data, information regarding
development pressure on the floodplain, variances issued in the floodplain
which are of particular interest to FEMA, as well as copies of blank
forms and checklists used during that calendar year for the purposes
of the floodplain development.
2.
The Floodplain Administrator shall be responsible for maintaining
an adequate supply of FEMA maps for administrative purposes, keeping
a record of all map corrections and notices of map revisions [and
attaching same to the official administrative map(s)], maintaining
other sources of known flood data for approximate floodplain areas,
and ensuring that accurate floodplain maps are displayed in the appropriate
public place.
3.
The Floodplain Administrator shall append to the Official Village
Floodplain Map for permanent record of all official revisions of the
flood maps whether accomplished by a Letter of Map Amendment (LOMA)
or Letter of Map Revision (LOMR). Such revisions shall also be made
as part of the FEMA maps kept for administrative purposes and available
to the public.
C. The Floodplain Administrator shall be responsible for completing,
signing and submitting the FEMA bi-annual report.
[R.O. 2013 § 410.290; R.O. 2012 § 410.290; Ord. No. 929 Art. VII, 1-19-2006]
A. The following appendices shall be used initially by the Floodplain
Administrator and any inspector of the Village:
1.
Floodplain development application;
2.
Floodplain Administrator's review checklist;
3.
Application for variance.
B. Amendment. Any form attached as an appendix to this Article may be
changed administratively without approval of the Board of Trustees
by ordinance or otherwise.