[R.O. 2013 § 415.010; Ord. No.
12-09 § 1, 3-12-2012]
A.
Statutory Authorization. The legislature of the State of
Missouri has in Section 79.110, RSMo., delegated the responsibility
to local governmental units to adopt floodplain management regulations
designed to protect the health, safety and general welfare.
B.
Findings Of Fact.
1.
Flood losses resulting from periodic inundation.
The special flood hazard areas of the City of Fredericktown, 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:
3.
Methods used to analyze flood hazards. The Flood
Insurance Study (FIS) that is the basis of this Chapter uses a standard
engineering method of analyzing flood hazards which consist 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 Chapter is representative
of large floods which are characteristic of what can be expected to
occur on the particular streams subject to this Chapter. It is in
the general order of a flood which could be expected to have a one
percent (1%) chance of occurrence in any one (1) year, as delineated
on the Federal Insurance Administrator's FIS, and illustrative
materials for Madison County dated August 2, 2012, 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 (1) 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 Chapter to promote the public health, safety, and general welfare; to minimize those losses described in Section 415.010(B)(1); to establish or maintain the City's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses which 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 which 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 flood hazard.
[R.O. 2013 § 415.020; Ord. No.
12-09 § 1, 3-12-2012]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Fredericktown, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for Madison County on map panels 29123C0154D, 29123C0158D, 29123C0160D, 29123C0162D, 29123C0166D, and 29123C0167D dated August 2, 2012, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City, and as specifically noted in Section 415.040.
B.
Floodplain Administrator. The Building Inspector is hereby
designated as the Floodplain Administrator under this Chapter.
C.
Compliance. No development located within the special flood
hazard areas of this City shall be located, extended, converted or
structurally altered without full compliance with the terms of this
Chapter and other applicable regulations.
D.
Abrogation And Greater Restrictions. It is not intended
by this Chapter to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter imposes
greater restrictions, the provisions of this Chapter shall prevail.
All other ordinances inconsistent with this Chapter are hereby repealed
to the extent of the inconsistency only.
E.
Interpretation. In their interpretation and application,
the provisions of this Chapter 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 Chapter 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 Chapter 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 Chapter
shall not create a liability on the part of the City of Fredericktown,
any officer or employee thereof for any flood damages that may result
from reliance on this Chapter or any administrative decision lawfully
made thereunder.
G.
Severability. If any Section, clause, provision, or portion
of this Chapter is adjudged unconstitutional or invalid by a court
of appropriate jurisdiction, the remainder of this Chapter shall not
be affected thereby.
[R.O. 2013 § 415.030; Ord. No.
12-09 § 1, 3-12-2012]
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 Section 415.020(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 Inspector
is hereby appointed to administer and implement the provisions of
this Chapter.
C.
Duties And Responsibilities Of Floodplain Administrator.
Duties of the Building Inspector 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 Chapter
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 with 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
non-residential structures have been floodproofed.
9.
When floodproofing techniques are utilized for
a particular non-residential structure, the Building Inspector 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 Inspector;
8.
Be accompanied by plans and specifications for
proposed construction; and
9.
Be signed by the permittee or his/her authorized
agent who may be required to submit evidence to indicate such authority.
[R.O. 2013 § 415.040; Ord. No.
12-09 § 1, 3-12-2012]
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 Chapter. If
Flood Insurance Study data is not available, the City shall obtain,
review, and reasonably utilize any base flood elevation or floodway
data currently available from Federal, State, or other sources.
3.
Unit 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 (1) foot at any point within the City.
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 floodwaters into the systems, and discharges from the systems into
floodwaters, 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 (5)
acres or fifty (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.
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 four
hundred (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 Chapter;
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 Section 415.040(A)(2), 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 (1) foot above base flood elevation.
b.
Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) 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 Building Inspector as set forth in Section 415.030(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 (2) openings having
a total net area of not less than one (1) square inch for every square
foot of enclosed area subject to flooding shall be provided; and
(2)
The bottom of all openings shall
be no higher than one (1) foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exist of floodwaters.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all
unnumbered and numbered A Zones and AE Zones on the City'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.
Manufactured homes that are placed or substantially
improved within unnumbered or numbered A Zones and AE Zones on the
City's FIRM on sites outside of manufactured home park or subdivision;
in a new manufactured home park or subdivision; in an expansion to
an existing manufactured home park or subdivision; or in an existing
manufactured home park or subdivision on which a manufactured home
has incurred substantial damage as the result of a flood, shall be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to one (1) foot above the base flood
elevation and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
3.
Manufactured homes that are 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 City's FIRM, that are not subject to the provisions of Section 415.040(C)(2) of this Chapter, shall be elevated so that either:
a.
The lowest floor of the manufactured home is at
one (1) 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 thirty-six (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 Section 415.020(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The City 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 (1) foot at
any point.
2.
The City 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 City during
the occurrence of the base flood discharge.
3.
If Section 415.040(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 415.040.
4.
In unnumbered A Zones, the City 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 Section 415.040(A)(2).
E.
Recreational Vehicles. Recreational vehicles placed on
sites within all unnumbered and numbered A Zones and AE Zones on the
City's FIRM shall either:
1.
Be on the site for fewer than one hundred eighty
(180) consecutive days;
2.
Be fully licensed and ready for highway use*;
or
3.
Meet the permitting, elevation, and the anchoring
requirements for manufactured homes of this Chapter.
|
NOTE:
| ||
|---|---|---|
|
*
|
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
| |
[R.O. 2013 § 415.050; Ord. No.
12-09 § 1, 3-12-2012]
A.
Establishment Of Appeal Board. The Board of Adjustment
as established by the City of Fredericktown shall hear and decide
appeals and requests for variances from the floodplain management
requirements of this Chapter.
B.
Responsibility Of Appeal Board.
1.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Building Inspector, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board as defined in Section 415.050(A).
2.
The Board of Adjustment shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision, or determine made by the Building Inspector in the enforcement
or administration of this Chapter.
C.
Further Appeals. Any person aggrieved by the decision of
the Board of Adjustment or any taxpayer may appeal such decision to
the Madison 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 Chapter, 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 City;
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 floodwaters, 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 one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items Subsections (E)(2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) 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.
A showing of good and sufficient cause,
b.
A determination that failure to grant the variance
would result in exceptional hardship to the applicant, and
c.
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.
The City shall notify the applicant in writing
over the signature of a City Official that:
a.
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 twenty-five dollars ($25.00)
for one hundred dollars ($100.00) of insurance coverage; and
b.
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 Chapter.
F.
Conditions For Approving Variances For Accessory Structures.
1.
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 as set forth in Sections 415.050(D) and (E) of this Chapter.
2.
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 variances issued
for accessory structures that are constructed at-grade and wet-floodproofed.
a.
Use of the accessory structure must be solely
for parking and limited storage purposes in a Zone A only as identified
on the City's Flood Insurance Rate Map (FIRM).
b.
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 the base flood elevation must be built with flood-resistant materials in accordance with Section 415.040(A)(4)(b) of this Chapter.
c.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 415.040(A)(4)(a) of this Chapter. 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.
d.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 415.040(A)(4)(d) of this Chapter.
e.
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 Section 415.040(B)(1)(c) of this Chapter.
f.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 415.040(D)(2) of this Chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the one-hundred-year flood.
g.
Equipment, machinery, or other contents must be
protected from any flood damage.
h.
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.
i.
The City shall notify the applicant in writing
over the signature of a City Official that:
(1)
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 twenty-five dollars
($25.00) for one hundred dollars ($100.00) of insurance coverage;
and
(2)
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 Chapter.
j.
Wet-floodproofing construction techniques must
be reviewed and approved by the City and registered professional engineer
or architect prior to the issuance of any floodplain development permit
for construction.
[R.O. 2013 § 415.060; Ord. No.
12-09 § 1, 3-12-2012]
Violation of the provisions of this Chapter or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with granting of variances) shall
constitute an ordinance violation. Any person who violates this Chapter
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than one hundred dollars ($100.00), 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 Fredericktown or
other appropriate authority from taking such other lawful action as
is necessary to prevent or remedy any violation.
[R.O. 2013 § 415.070; Ord. No.
12-09 § 1, 3-12-2012]
The regulations, restrictions, and boundaries set forth in this
Chapter 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 Fredericktown. At
least twenty (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 Chapter are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[R.O. 2013 § 415.080; Ord. No.
12-09 § 1, 3-12-2012]
A.
ACCESSORY STRUCTURE
ACTUARIAL RATES
ADMINISTRATOR
AGENCY
AGRICULTURAL COMMODITIES
AGRICULTURAL STRUCTURE
APPEAL
APPURTENANT STRUCTURE
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL
CITY
COMMUNITY
DEVELOPMENT
ELEVATED BUILDING
ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY
EXISTING CONSTRUCTION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION DETERMINATION
FLOOD ELEVATION STUDY
FLOOD or FLOODING
FLOOD-FRINGE
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPLAIN MANAGEMENT
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY ENCROACHMENT LINES
FLOODWAY or REGULATORY FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MAP
MARKET VALUE or FAIR MARKET VALUE
MEAN SEA LEVEL
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NFIP
100-YEAR FLOOD
PARTICIPATING COMMUNITY
PERSON
PRINCIPALLY ABOVEGROUND
RECREATIONAL VEHICLE
1.
2.
3.
4.
REMEDY A VIOLATION
REPETITIVE LOSS
RISK PREMIUM RATES
SPECIAL FLOOD HAZARD AREA
SPECIAL HAZARD AREA
START OF CONSTRUCTION
STATE COORDINATING AGENCY
STRUCTURE
SUBSTANTIAL DAMAGE
1.
2.
3.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS
SUBSTANTIAL IMPROVEMENT
1.
2.
3.
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
Unless specifically defined below, words or phrases used
in this Chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this Chapter its most reasonable
application.
The same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
A request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "structure."
The official of the community who is charged with the authority
to implement and administer laws, ordinances, and regulations for
that community.
The City of Fredericktown.
Any State or area or political subdivision thereof, which
has the authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
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.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
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."
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.
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).
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
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 (numbered or unnumbered) A Zones.
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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source (see "flooding").
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.
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.
Any combination of structural and non-structural 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.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
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 (1) foot.
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 opening, and the hydrological
effect of urbanization of the watershed.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of
Historic Places (a listing maintained by the Department of the 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:
The lowest floor of the lowest enclosed area, including basement.
A 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
Chapter.
A structure, transportable in one (1) 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."
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
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).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
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.
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
include any subsequent improvements to such structures.
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.
The National Flood Insurance Program (NFIP).
See "base flood."
Also known as an "eligible community," means a community
in which the Administrator has authorized the sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is aboveground.
A vehicle which is:
Built on a single chassis;
Four hundred (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.
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 non-compliance.
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
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.
See "area of special flood hazard."
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, addition placement, or other improvements
were within one hundred eighty (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 stage 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.
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.
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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (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:
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
Any alteration of a "historic structure" provided
that the alteration will not preclude the structure's continued
designation as a "historic structure"; or
Any improvement to a building.
Where the repair, reconstruction, rehabilitation or improvement
of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
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 fifty percent
(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:
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
Any alteration of a "historic structure" provided
that the alteration will not preclude the structure's continued
designation as a "historic structure"; or
Any building that has been damaged from any source
or is categorized as repetitive loss.
A grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remains in place
for any varied use or structure and cannot be varied by the community.
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 Chapter is presumed to be in violation until such time as that
documentation is provided.
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.
