[Ord. No. 10241, § 1, 12-18-2014]
A. Statutory authorization. The Legislature of the State of Missouri
has in Section 89.020, RSMo., delegated the responsibility to local
governmental units to adopt floodplain management regulations designed
to protect the health, safety, and general welfare. Therefore, the
City Council of the City of Kirkwood, Missouri, ordains as follows:
B. Findings of fact.
1. Flood losses resulting from periodic inundation. The special flood
hazard areas of the City of Kirkwood, Missouri, are subject to inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare.
2. General causes of the flood losses. These flood losses are caused
by the cumulative effect of development in any delineated floodplain
causing increases in flood heights and velocities; and the occupancy
of flood hazard areas by uses vulnerable to floods, hazardous to others,
inadequately elevated, or otherwise unprotected from flood damages.
3. Methods used to analyze flood hazards. The Flood Insurance Study
(FIS) that is the basis of this article uses a standard engineering
method of analyzing flood hazards, which consists of a series of interrelated
steps.
a. Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The base flood selected for this article is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this article. It is in the general
order of a flood which could be expected to have a 1% chance of occurrence
in any one year as delineated on the Federal Insurance Administrator's
FIS and illustrative materials for St. Louis County, dated February
4, 2015, as amended, and any future revisions thereto.
b. Calculation of water surface profiles are based on a standard hydraulic
engineering analysis of the capacity of the stream channel and overbank
areas to convey the regulatory flood.
c. Computation of a floodway required to convey this flood without increasing
flood heights more than one foot at any point.
d. Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
e. Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines but still subject to inundation by the base flood.
C. Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare; to minimize those losses described in §
5-69B(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this article to:
1. Restrict or prohibit uses that are dangerous to health, safety, or
property in times of flooding or cause undue increases in flood heights
or velocities;
2. Require uses vulnerable to floods, including public facilities that
serve such uses, be provided with flood protection at the time of
initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended
development purposes due to the flood hazard.
[Ord. No. 10241, § 1, 12-18-2014]
A. Lands to which this article applies. This article shall apply to all lands within the jurisdiction of the City of Kirkwood, Missouri, identified as numbered and unnumbered A zones and AE zones on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0302K, 29189C0304K, 29189C0306K, 29189C0307K, 29189C0308K, 29189C0309K, 29189C0312K, 29189C0316K, and 29189C0317K, dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this article, no development shall be permitted except through the issuance of a floodplain development permit granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in §
5-72.
B. Floodplain Administrator. The Building Commissioner is hereby designated
as the Floodplain Administrator under this article.
C. Compliance. No development located within the special flood hazard
areas of this community shall be located, extended, converted, or
structurally altered without full compliance with the terms of this
article and other applicable regulations.
D. Abrogation and greater restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this article imposes greater
restrictions, the provisions of this article shall prevail. All other
ordinances inconsistent with this article are hereby repealed to the
extent of the inconsistency only.
E. Interpretation. In their interpretation and application, the provisions
of this article shall be held to be minimum requirements, shall be
liberally construed in favor of the governing body, and shall not
be deemed a limitation or repeal of any other powers granted by state
statutes.
F. Warning and disclaimer of liability. The degree of flood protection
required by this article is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions or the flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This article does not imply that areas outside
the floodway and flood fringe or land uses permitted within such areas
will be free from flooding or flood damage. This article shall not
create a liability on the part of the City of Kirkwood, any officer
or employee thereof, for any flood damages that may result from reliance
on this article or any administrative decision lawfully made thereunder.
G. Severability. If any section, clause, provision, or portion of this
article is adjudged unconstitutional or invalid by a court of appropriate
jurisdiction, the remainder of this article shall not be affected
thereby.
[Ord. No. 10241, § 1, 12-18-2014]
A. Floodplain development permit (required). 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 §
5-70(A). 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.
B. Designation of Floodplain Administrator. The Building Commissioner
is hereby appointed to administer and implement the provisions of
this article.
C. Duties and responsibilities of Floodplain Administrator. Duties of
the Building Commissioner shall include, but not be limited to:
1. Review of all applications for floodplain development permits to
assure that sites are reasonably safe from flooding and that the floodplain
development permit requirements of this article have been satisfied;
2. Review of 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;
3. 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;
4. Issue floodplain development permits for all approved applications;
5. Notify adjacent communities and the Missouri State Emergency Management
Agency (Mo. SEMA) prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA);
6. Assure that the flood-carrying capacity is not diminished and shall
be maintained within the altered or relocated portion of any watercourse.
7. Verify and maintain a record of the actual elevation (in relation
to mean sea level) of the lowest floor, including basement, of all
new or substantially improved structures;
8. Verify and maintain a record of the actual elevation (in relation
to mean sea level) that the new or substantially improved nonresidential
structures have been floodproofed;
9. When floodproofing techniques are utilized for a particular nonresidential
structure, the Building Commissioner shall require certification from
a registered professional engineer or architect.
D. Application for floodplain development permit. 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:
1. 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;
2. Identify and describe the work to be covered by the floodplain development
permit;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market
value of the improvement;
5. Specify whether development is located in designated flood fringe
or floodway;
6. Identify the existing base flood elevation and the elevation of the
proposed development;
7. Give such other information as reasonably may be required by the
Building Commissioner;
8. Be accompanied by plans and specifications for proposed construction;
and
9. Be signed by the permittee or his authorized agent who may be required
to submit evidence to indicate such authority.
[Ord. No. 10241, § 1, 12-18-2014]
A. General standards.
1. No permit for floodplain development shall be granted for new construction,
substantial improvements, and other improvements, including the placement
of manufactured homes, within any numbered or unnumbered A zones and
AE zones unless the conditions of this section are satisfied.
2. All areas identified as unnumbered A zones on the FIRM are subject
to inundation of the one-hundred-year flood; however, the base flood
elevation is not provided. Development within unnumbered A zones is
subject to all provisions of this article. If Flood Insurance Study
data is not available, the community shall obtain, review, and reasonably
utilize any base flood elevation or floodway data currently available
from federal, state, or other sources.
3. Until a floodway is designated, no new construction, substantial
improvements, or other development, including fill, shall be permitted
within any numbered A zone or AE zone on the FIRM unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
4. All new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a. Design or adequate anchorage to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
b. Construction with materials resistant to flood damage;
c. Utilization of methods and practices that minimize flood damages;
d. All electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
e. New or replacement water supply systems and/or sanitary sewage systems
be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters,
and on-site waste disposal systems be located so as to avoid impairment
or contamination; and
f. Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1)
All such proposals are consistent with the need to minimize
flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards; and
(4)
All proposals for development, including proposals for manufactured
home parks and subdivisions, of five acres or 50 lots, whichever is
lesser, include within such proposals base flood elevation data.
5. Storage, material, and equipment.
a. The storage or processing of materials within the special flood hazard
area that are, in time of flooding, buoyant, flammable, explosive,
or could be injurious to human, animal, or plant life is prohibited.
b. Storage of other material or equipment may be allowed if not subject
to major damage by floods, if firmly anchored to prevent flotation,
or if readily removable from the area within the time available after
a flood warning.
6. Critical facilities.
a. All new or substantially improved critical nonresidential facilities,
including, but not limited, to governmental buildings, police stations,
fire stations, hospitals, orphanages, penal institutions, communication
centers, water and sewer pumping stations, water and sewer treatment
facilities, transportation maintenance facilities, places of public
assembly, emergency aviation facilities, and schools shall be elevated
above the five-hundred-year flood level or, together with attendant
utility and sanitary facilities, be floodproofed so that below the
five-hundred-year flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain
Administrator as set forth in the National Flood Insurance Program
(NFIP) regulations.
b. All critical facilities shall have access routes that are above the
elevation of the five-hundred-year flood.
7. Hazardous materials. All hazardous material storage and handling
sites shall be located out of the floodplain.
8. Nonconforming use. A structure or the use of a structure or premises
that was lawful before the passage or amendment of this article but
which is not in conformity with the provisions of this article may
be continued subject to the following conditions:
a. If such structure, use, or utility service is discontinued for 12
consecutive months, any future use of the building shall conform to
this article.
b. If any nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more
than 50% of the predamaged market value of the structure. This limitation
does not include the cost of any alteration to comply with existing
state or local health, sanitary, building, safety codes, regulations
or the cost of any alteration of a structure listed on the National
Register of Historic Places, the State Inventory of Historic Places,
or local inventory of historic places upon determination.
9. Accessory structures. Structures used solely for parking and limited
storage purposes, not attached to any other structure on the site,
of limited investment value, and not larger than 400 square feet may
be constructed at grade and wet floodproofed, provided there is no
human habitation or occupancy of the structure, the structure is of
single-wall design, a variance has been granted from the standard
floodplain management requirements of this article, and a floodplain
development permit has been issued.
B. Specific standards.
1. In all areas identified as numbered and unnumbered A zones and AE zones where base flood elevation data have been provided as set forth in Subsection
A.2 of this section, the following provisions are required:
a. Residential construction. New construction or substantial improvement
of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to one foot above
base flood elevation.
b. Nonresidential construction. New construction or substantial improvement
of any commercial, industrial, or other nonresidential structures,
including manufactured homes, shall have the lowest floor, including
basement, elevated to one foot above the base flood elevation or,
together with attendant utility and sanitary facilities, be floodproofed
so that below the base flood elevation the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection
are satisfied. Such certification shall be provided to the Floodplain
Administrator as set forth in § 5-71(C)(9).
c. Require for all new construction and substantial improvements that
fully enclosed areas below lowest floor used solely for parking of
vehicles, building access, or storage in an area other than a basement
and that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
(1)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided; and
(2)
The bottom of all opening shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves, or
other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
C. Manufactured homes.
1. All manufactured homes to be placed within all unnumbered and numbered
A zones and AE zones on the community's FIRM shall be required to
be installed using methods and practices that minimize flood damage.
For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
2. Require manufactured homes that are placed or substantially improved
within unnumbered or numbered A zones and AE zones on the community's
FIRM on sites:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision;
or
d. In an existing manufactured home park or subdivision on which a manufactured
home has incurred substantial damage as the result of a flood, be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to one foot above the base flood elevation
and be securely attached to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
3. Require that manufactured homes to be placed or substantially improved
on sites in an existing manufactured home park or subdivision within
all unnumbered and numbered A zones and AE zones on the community's
FIRM that are not subject to the provisions of § 5-72(C)(2)
of this article be elevated so that either:
a. The lowest floor of the manufactured home is at one foot above the
base flood level; or
b. The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are
no less than 36 inches in height above grade and be securely attached
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
D. Floodway. Located within areas of special flood hazard established in §
5-70,
A are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
1. The community shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one foot at any
point.
2. The community shall prohibit any encroachments, including fill, new
construction, substantial improvements, and other development within
the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result
in any increase in flood levels within the community during the occurrence
of the base flood discharge.
3. If § 5-72(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §
5-72.
4. In unnumbered A zones, the community shall obtain, review, and reasonably
utilize any base flood elevation or floodway data currently available
from federal, state, or other sources as set forth in § 5-72(A)(2).
E. Recreational vehicles.
1. Require that recreational vehicles placed on sites within all unnumbered
and numbered A zones and AE zones on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use*; or
c. Meet the permitting, elevation, and the anchoring requirements for
manufactured homes of this article.
|
*
|
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect
type utilities and security devices, and has no permanently attached
additions.
|
[Ord. No. 10241, § 1, 12-18-2014]
A. Establishment of Appeal Board. The Board of Adjustment as established
by the City of Kirkwood shall hear and decide appeals and requests
for variances from the floodplain management requirements of this
article.
B. Responsibility of Appeal Board.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Building Commissioner, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in §
5-73(A).
The Board of Adjustment shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision, or
determination made by the Building Commissioner in the enforcement
or administration of this article.
C. Further appeals. Any person aggrieved by the decision of the Board
of Adjustment or any taxpayer may appeal such decision to the St.
Louis County Circuit Court as provided in Section 89.110, RSMo.
D. Floodplain management variance criteria. In passing upon such applications
for variances, the Board of Adjustment shall consider all technical
data and evaluations, all relevant factors, standards specified in
other sections of this article, and the following criteria:
1. The danger to life and property due to flood damage;
2. The danger that materials may be swept onto other lands to the injury
of others;
3. The susceptibility of the 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 flood 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 flood waters, if applicable, expected at the site;
and
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; streets;
and bridges.
E. Conditions for approving floodplain management variances.
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsections
E.2 through
6 below have been fully considered. As the lot size increases beyond the half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the reconstruction, 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 determination, provided the proposed activity
will not preclude the structure's continued historic designation.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5. Variances shall only be issued upon a showing of good and sufficient
cause; a determination that failure to grant the variance would result
in exceptional hardship to the applicant; and 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.
6. A community shall notify the applicant in writing over the signature
of a community official that 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 $25 for $100 of
insurance coverage, and such construction below the base flood level
increases risks to life and property. Such notification shall be maintained
with the record of all variance actions as required by this article.
F. Conditions for approving variances for accessory structures.
Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in §
5-73(D) and
(E) of this article.
In order to minimize flood damages during the one-hundred-year
flood and the threat to public health and safety, the following conditions
shall be included for any variance issued for accessory structures
that are constructed at grade and wet floodproofed.
1. Use of the accessory structures must be solely for parking and limited
storage purposes in flood-prone areas only.
2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below highest adjacent grade must be built with flood-resistant materials in accordance with §
5-72A.4.b of this article.
3. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with §
5-72A.4.a of this article. All of the building's structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4. Any mechanical, electrical, or other utility equipment must be located above highest adjacent grade or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with §
5-72A.4.d of this article.
5. The accessory structures must meet all National Flood Insurance Program
(NFIP) opening requirements. The NFIP requires that enclosure or foundation
walls subject to the one-hundred-year flood contain openings that
will permit the automatic entry and exit of floodwaters in accordance
with the NFIP regulations.
6. Equipment, machinery, or other contents must be protected from any
flood damage.
7. No disaster relief assistance under any program administered by any
federal agency shall be paid for any repair or restoration costs of
the accessory structures.
8. A community shall notify the applicant in writing over the signature
of a community official that the issuance of a variance to construct
a structure below highest adjacent grade will result in increased
premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and such construction below highest adjacent
grade increases risks to life and property. Such notification shall
be maintained with the record of all variance actions as required
by this article.
9. Wet floodproofing construction techniques must be reviewed and approved
by the community and registered professional engineer or architect
prior to the issuance of any floodplain development permit for construction.
[Ord. No. 10241, § 1, 12-18-2014]
Violation of the provisions of this article or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with granting of variances) shall
constitute a misdemeanor. Any person who violates this article or
fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $500, and in addition, shall pay all
costs and expenses involved in the case. Each day such violation continues
shall be considered a separate offense. Nothing herein contained shall
prevent the City of Kirkwood or other appropriate authority from taking
such other lawful action as is necessary to prevent or remedy any
violation.
[Ord. No. 10241, § 1, 12-18-2014]
The regulations, restrictions, and boundaries set forth in this
article may from time to time be amended, supplemented, changed, or
appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973; provided, however, that no such action may be taken until
after a public hearing in relation thereto, at which parties of interest
and citizens shall have an opportunity to be heard. Notice of the
time and place of such hearing shall be published in a newspaper of
general circulation in the City of Kirkwood at least 20 days shall
elapse between the date of this publication and the public hearing.
A copy of such amendments will be provided to the Region VII office
of the Federal Emergency Management Agency (FEMA). The regulations
of this article are in compliance with the National Flood Insurance
Program (NFIP) regulations.
[Ord. No. 10241, § 1, 12-18-2014]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the same meaning
they have in common usage and to give this article its most reasonable
application.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain Administrator's interpretation
of any provision of this article or a request for a variance.
APPURTENANT STRUCTURE
A structure that is on the same parcel of property as the
principle structure to be insured and the use of which is incidental
to the use of the principal structure.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
COMMUNITY
Any state or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
ELEVATED BUILDING
For insurance purposes, a nonbasement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
1% or greater chance of occurrence in any given year.
FLOOD FRINGE
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A zones.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
and/or the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of police power. The
term describes such state or local regulations in any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.
FLOODWAY or REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as bridge openings and the hydrological effect of
urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is listed individually in the National
Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register; certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; individually listed
on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior;
or individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified
either by an approved state program as determined by the Secretary
of the Interior or directly by the Secretary of the Interior in states
without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access, or storage, in an area other than a
basement area is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in
violation of the applicable floodproofing design requirements of this
article.
MANUFACTURED HOME
A structure, transportable in one or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
MAP
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of the floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the community.
NFIP
The National Flood Insurance Program (NFIP).
PARTICIPATING COMMUNITY
Also known as an "eligible community." A community in which
the Administrator has authorized the sale of flood insurance.
PERSON
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including federal,
state, and local governments and agencies.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
REMEDY A VIOLATION
To bring the structure or other development into compliance
with federal, state, or local floodplain management regulations; or,
if this is not possible, to reduce the impacts of its noncompliance.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event equals or exceeds 25% of the market
value of the structure before the damage occurred.
RISK PREMIUM RATES
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates
include provisions for operating costs and allowances.
SPECIAL HAZARD AREA
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as zones (unnumbered or numbered) A and AE.
START OF CONSTRUCTION
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvements were within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of slabs or footings,
the installation of piles, the construction of columns, any work beyond
the state of excavation, or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling, the installation of streets
and/or walkways, excavation for a basement, footings, piers, foundations,
the erection of temporary forms, nor installation on the property
of accessory structures, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial
improvement, the "actual start of construction" means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
STATE COORDINATING AGENCY
That agency of the state government or other office designated
by the Governor of the state or by state statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that state.
STRUCTURE
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally aboveground,
as well as a manufactured home. "Structure" for insurance purposes,
means a walled and roofed building, other than a gas or liquid storage
tank that is principally aboveground and affixed to a permanent site,
as well as a manufactured home on a permanent foundation. For the
latter purpose, the term includes a building while in the course of
construction, alteration or repair, but does not include building
materials or supplies intended for use in such construction, alteration
or repair unless such materials or supplies are within an enclosed
building on the premises.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. The term includes repetitive loss buildings (see
definition). For the purposes of this definition, repair is considered
to occur when the first repair or reconstruction of any wall, ceiling,
floor, or other structural part of the building commences. The term
does not apply to:
a.)
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
b.)
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure; or
c.)
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration, or improvement
to a building, taking place during a ten-year period in which the
cumulative percentage of improvement equals or exceeds 50% of the
current market value of the building. For the purposes of this definition,
an improvement occurs when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the building.
This term includes structures which have incurred repetitive loss
or substantial damage, regardless of the actual repair work done.
The term does not apply to:
a.)
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
b.)
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure; or
c.)
Any building that has been damaged from any source or is categorized
as repetitive loss.
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Recommend development of written and adopted policy and procedure.
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VARIANCE
A grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remain in place
for any varied use or structure and cannot be varied by the community.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this article is presumed to be in violation until such time as that
documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplain.