[Ord. No. 14.529 (2734), 5-2-2019[1]]
A.
Statutory Authorization. The Legislature of the State of Missouri,
has in Section 77.260, 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 Arnold, Missouri, ordains as follows.
B.
Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Arnold, 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 chance
of occurrence in any one (1) year as delineated on the Federal Insurance
Administrator's FIS, and illustrative materials for Jefferson
County dated June 20, 2019, as amended, and any future revisions thereto.
b.
Calculations 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 420.010(B)(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 Chapter 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. 14.529 (2734), 5-2-2019]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Arnold, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for Jefferson County on map panels 29099C0108F, 29099C0109F, 29099C0116F, 29099C0117F, 29099C0119F, 29099C0128F, 29099C0129F, 29099C0136F, and 29099C0138F dated June 20, 2019, 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 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 Section 420.040.
B.
Floodplain Administrator. The Community Development Director is hereby
designated as the Floodplain Administrator under this Chapter.
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
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 Arnold, 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.
[Ord. No. 14.529 (2734), 5-2-2019]
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 420.020(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 Community Development
Director is hereby appointed to administer and implement the provisions
of this Chapter.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of
the Community Development Director 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 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 non-residential
structures have been floodproofed.
9.
When floodproofing techniques are utilized for a particular
non-residential structure, the Community Development Director 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 Community Development Director.
8.
Be accompanied by plans and specifications for proposed construction
which provide the following information:
a.
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
b.
Elevation in relation to mean sea level to which any nonresidential
structure has been floodproofed;
c.
Provide a certificate from a registered professional engineer
or architect that nonresidential floodproofed structures meet the
floodproofing criteria; and
d.
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
9.
Be signed by the permittee or his/her authorized agent who may
be required to submit evidence to indicate such authority.
[Ord. No. 14.529 (2734), 5-2-2019]
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 100-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 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 (1) 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;
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 less, 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 420.040(A)(2) following provisions are required:
a.
Residential Construction; Residential Remodel/Repair.
(1)
Residential Construction. New construction of any
residential structures, including manufactured homes, shall have the
lowest floor, including basement, elevated to three (3) feet above
base flood elevation.
(2)
Residential Remodel/Repair. Substantial improvement
of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to three (3) feet
above the base flood elevation or higher.
b.
Non-Residential 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 three (3) feet 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 Section 420.030(C)(9).
c.
Requirements For All New Construction.
(1)
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:
(a)
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
(b)
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 exit of floodwaters.
2.
Roadway access shall be provided for all new construction to
an elevation at least to the 100-year flood elevation.
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.
2.
Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors.
a.
Over-the-top ties shall be provided at each of the four (4)
corners of the manufactured home, with two (2) additional ties per
side at intermediate locations and manufactured homes less than fifty
(50) feet long requiring one (1) additional tie per side;
b.
Frame ties shall be provided at each corner of the home with
five (5) additional ties per side at intermediate points and manufactured
homes less than fifty (50) feet long requiring four (4) additional
ties per side;
c.
All components of the anchoring system shall be capable of a
carrying force of four thousand eight hundred (4,800) pounds; and
d.
Any building or additions to the manufactured home shall be
anchored in accordance with this Subsection.
3.
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 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 three (3) feet above
the base flood elevation and be securely attached to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
4.
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 Section 420.040(C)(3) of this Chapter, be elevated so that either:
a.
The lowest floor of the manufactured home is at three (3) feet
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 420.020(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 (1) 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 Section 420.040(D)(2) is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of this Section.
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 Section 420.040(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 one hundred eighty (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 Chapter.
|
*
|
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.
|
F.
Nonconforming Structures.
1.
A structure or premises which was lawful before the passage
or amendment of this Section but is not in conformity with the provisions
of this Section may remain subject to the following conditions:
2.
If any nonconforming structure suffers substantial damage by
any means, including flood, it shall not be reconstructed if the cost
is more than fifty percent (50%) of the market value of the structure
before damage occurred, except if it is reconstructed in conformity
with the provisions of this Section. This limitation does not include
the cost of any alteration to comply with existing State or local
health, sanitary, building or safety codes or regulations or the cost
of any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
3.
If any nonconforming structure is damaged by any means, including
flood, the owner of the property shall be responsible for providing
construction estimates from two (2) building contractors licensed
by the City that shall certify the accuracy and completeness of the
bid to repair all such damage. The construction estimates shall be
reviewed by a professional estimator provided by the City unless the
repair estimates are determined by the Community Development Director
to be less than thirty percent (30%) of the market value of the structure
before the damage occurred.
4.
Any substantial improvement to a structure shall require the
entire structure to conform with the provisions of this Section.
[Ord. No. 14.529 (2734), 5-2-2019]
A.
Establishment Of Appeal Board. The Board of Adjustment as established
by the City of Arnold shall act as the Appeal Board for the purposes
of the Floodplain Regulations and will 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 Community Development Director, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section 420.050(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
determination made by the Community Development Director in the enforcement
or administration of this Chapter.
C.
Further Appeals. Any person aggrieved by the decision of the Zoning
Board of Adjustment or any taxpayer may appeal such decision to the
Jefferson 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 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 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 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.
Notification.
a.
A community shall notify the applicant, in writing, over the
signature of a community 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.
b.
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. 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 Subsections (D) and (E) of this Section. In order to minimize flood damages during the 100-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 Section 420.040(A)(2)(b) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 420.040(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.
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 Section 420.040(A)(4)(d) of this Chapter.
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 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 420.040(B)(1)(c).
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.
Notification.
a.
A community shall notify the applicant, in writing, over the
signature of a community official that:
(1)
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 twenty-five dollars ($25.00)
for one hundred dollars ($100.00) of insurance coverage; and
(2)
Such construction below highest adjacent grade
increases risks to life and property.
b.
Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
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. 14.529 (2734), 5-2-2019]
A.
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 five hundred dollars ($500.00) and/or
imprisoned for up to ninety (90) days, and in addition, shall pay
all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense.
B.
Nothing herein contained shall prevent the City of Arnold or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. No. 14.529 (2734), 5-2-2019]
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 Arnold. At least
fifteen (15) 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.
[Ord. No. 14.529 (2734), 5-2-2019]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
they have in common usage and to give this Chapter its most reasonable
application.
See "BASE FLOOD."
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 or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled 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.
Any State or area or political subdivision thereof, which
has 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 or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
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 (unnumbered or numbered) 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.
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 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 land area susceptible to being inundated by water from
any source (see "FLOOD or FLOODING").
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.
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 openings 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 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.
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
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
includes 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).
Also known as an "ELIGIBLE COMMUNITY," a community in which
the Administrator has authorized the sale of flood insurance.
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 above ground.
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, rehabilitation, 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 above
ground, 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 above ground 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.
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.
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.
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.
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.
