[Ord. No. 8.501, 2-7-2011]
A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Article II, Section 415.040. No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.502, 12-2-2019]
The City Clerk is hereby designated as the Floodplain Administrator under this Chapter.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.503, 12-2-2019; Ord. No. 8.503, 1-6-2020]
A. 
The City Clerk has been designated as the Floodplain Administrator whose duties are as follows:
1. 
Understand regulations of the National Flood Insurance Program (NFIP).
2. 
Review Floodplain Development Permits/Applications.
3. 
Conduct inspection in the floodplain.
4. 
Initiate enforcement actions, when applicable.
5. 
Interacting in variance and appeal processes.
6. 
Record keeping.
7. 
Investigate complains of violations.
8. 
Maintain and update administrative forms.
9. 
Maintain floodplain snaps and flood data.
10. 
Disseminate floodplain management information.
[Ord. No. 8.501, 2-7-2011; Ord. No. 8.503, 12-2-2019; Ord. No. 8.503, 1-6-2020[1]]
A. 
Requirements For Development Permits In Floodplain Area.
1. 
Require floodplain development permits for activities in the floodplain area including:
a. 
Maintenance of unobstructed floodways.
b. 
Water course alterations.
c. 
New development (residential and non-residential).
d. 
Manufactured homes.
e. 
Substantially damaged structures.
f. 
Substantially improved structures.
g. 
Allowable floodway uses.
h. 
Subdivision.
i. 
Filling, grading, channelizing and excavating in the floodplain.
2. 
Require the following information on floodplain development permits:
a. 
Technical documentation.
b. 
Permits from other parties or agencies when applicable.
c. 
Elevation certificates.
d. 
Floodproofing certificates if applicable.
e. 
Plans or blueprints.
f. 
Cost analysis for substantial damage or substantial improvement.
g. 
Cost of new facilities.
h. 
"No-rise" certification where applicable.
B. 
Information Required For Floodplain Permits.
1. 
A floodplain development permit is necessary for any development in the floodplain.
2. 
An NFIP Elevation Certificate signed by a Missouri professional engineer, surveyor, or architect showing the elevation of the site and of the lowest floor, which must be one (1) foot above the BFE for new or substantially damaged or improved structures.
3. 
A "no-rise" certificate will be needed if the development is in the floodway. This certificate may be a written statement from a Missouri professional engineer stating no increase in flood height will be caused from the development. This certificate must be completed before a floodplain development permit can be issued by the City.
4. 
Wet floodproofing may be allowed for accessory structures used solely for parking, building access, or limited storage with proper entry and exit for flood water, and constructed with water resistant materials.
5. 
If dry floodproofing is used for non-residential structures, a certificate must be signed by a Missouri professional engineer or architect.
6. 
Site information needed includes elevation data, property lines, location of streets and placement of structures.
7. 
Building plans should include type of structure, use placement of lowest floor, details of construction, new or add-on construction, type of materials, anchoring requirements, any other data pertinent to the construction.
C. 
Permit Review Process.
1. 
Floodplain development permit applications are to be submitted to the Floodplain Administrator for review.
2. 
Floodplain Administrator will review the permit to ensure the required information is listed.
3. 
Floodplain development permits will be approved or denied and signed by the Floodplain Administrator.
D. 
Inspection.
1. 
First inspection will be to confirm if the site information and data conform to requirements.
2. 
Second inspection will determine if the lowest floor elevation conforms with base flood elevation requirements and construction is proceeding according to the submitted plans.
3. 
Third inspection will determine if construction compiled with the plans, including, but not limited to, anchoring, openings, materials, etc.
E. 
Enforcement Actions. Should a permit applicant desire to appeal the decision of the City's Floodplain Administrator, they may plead to the Appeal Board (Board of Aldermen) of the City of California. The Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Floodplain Administrator in the enforcement or administration of the Section. Any person aggrieved by the decision of the Board of Appeals my appeal such decision to the Circuit Court of Moniteau County, Missouri, as provided in Section 89.110, RSMo. When violations occur, the person will be informed verbally. If no action is taken to remedy the violation, the person will be informed, in writing, by certified mail of the specific violation and given a reasonable time frame to correct deficiencies. Possible penalties may include stop work orders, fines, revoking permits, or a combination of these activities.
[1]
Editor's Note: The title of this Section was changed from "Application for Floodplain Development Permit" to "Floodplain Development Permit" in order to incorporate the amendments in Ord. No. 8.503 to the permit process.
[Ord. No. 8.503, 12-2-2019; Ord. No. 8.503, 1-6-2020]
A. 
Record Keeping. The City of California Floodplain Administrator will establish and maintain a file of records pertaining to floodplain management in the City Hall, both blank and completed forms, including but not limited to development permits, elevation certificates, floodproofing certificates, "no-rise" certificates and variance forms.
B. 
Maps. The City will keep on file the applicable NFIP maps for the City of California.
C. 
Investigate Complaints. The Floodplain Administrator should investigate all complaints within one (1) week of receiving the compliant.
D. 
Damage Assessment. In the event of a major flood or rainfall event which affects numerous structures, the Floodplain Administrator will conduct the following damage assessment procedures:
1. 
Compile a listing of all flood damage structures.
2. 
Inspect each structure for extent of damages.
3. 
Make a detailed list of damages such as foundations, basements, floors, walls, cabinets, built-in appliances, furnaces, air conditioners, roofs, and any other damages that can be determined.
4. 
Attempt to ascertain a total damage cost for each facility.
5. 
Request the market value of each structure from the Moniteau County Assessor.
6. 
Make a determination of substantial damage by comparing cost of repair to the market value, or
7. 
Complete substantial damage evaluations by using FEMA's Substantial Damage Estimator software.
8. 
Use the permit procedures for all applications for repair or construction.
E. 
Appendices. Attached to this document (and held on file in the City offices) are the forms to be used in implementing this procedure:
Floodplain development permit/application;
Elevation certificate;
Floodproofing certificate;
"No-rise" certificate; and
Floodplain variance request form.