[Ord. No. 4190, 2-1-2021; Ord. No. 4216, 4-19-2021]
A.
The Legislature of the State of Missouri has in Chapter 89, RSMo.,
delegated the responsibility to local governmental units to adopt
floodplain management regulations designed to protect the health,
safety and general welfare. Therefore, the Board of Aldermen of the
City of Lake Saint Louis, Missouri, ordains as follows.
[Ord. No. 4190, 2-1-2021]
A.
Flood Losses Resulting From Periodic Inundation.
1.
The special flood hazard areas of the City of Lake Saint Louis,
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.
C.
Methods Used To Analyze Flood Hazards.
1.
The Flood Insurance Study (FIS) that is the basis of this Article
uses a standard engineering method of analyzing flood hazards which
consist of a series of interrelated steps.
2.
Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The base flood selected for this Article is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this Article. It is in the general
order of a flood which could be expected to have a one-percent chance
of occurrence in any one year as delineated on the Federal Insurance
Administrator's Flood Insurance Study and illustrative materials for
St. Charles County dated March 9, 2021, as amended, and any future
revisions thereto.
3.
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.
4.
Computation of a floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
5.
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
6.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines but still subject to inundation by the base flood.
[Ord. No. 4190, 2-1-2021]
A.
It is the purpose of this Article is to promote the public health,
safety and general welfare; to minimize those losses described in
previous sections of this Article; to establish or maintain the community's
eligibility for participation in the National Flood Insurance Program
(NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3);
and to meet the requirements of 44 CFR 60.3(d) by applying the provisions
of this Article to:
1.
Restrict or prohibit uses that are dangerous to health, safety
or property in times of flooding or cause undue increases in flood
heights or velocities;
2.
Require that 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. 4190, 2-1-2021]
A.
This Article shall apply to all lands within the jurisdiction of
the City of Lake Saint Louis identified as numbered and unnumbered
A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for
St. Charles County on Map Panels 29183C0215G, 29183C0220G, and 29183C0240G,
dated January 20, 2016, as amended, and any future revisions thereto.
[Ord. No. 4216, 4-19-2021]
B.
In all areas subject to this Article, no development shall be permitted except through the issuance of a floodplain development permit (Section 405.190) 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 and health of the inhabitants of the community.
[Ord. No. 4190, 2-1-2021]
A.
The Chief Building Official is hereby designated as the Floodplain
Administrator under this Article.
B.
Duties of the Floodplain Administrator shall include, but not be
limited to:
1.
Review of all applications for floodplain development permits
to assure that sites are reasonably safe from flooding and that the
floodplain development permit requirements of this Article have been
satisfied;
2.
Review of all applications for floodplain development permits
for proposed development to assure that all necessary permits have
been obtained from Federal, State or local governmental agencies from
which prior approval is required by Federal, State or local law;
3.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the State Emergency Management
Agency 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 maintenance is provided within the altered or relocated
portion of any watercourse so that the flood-carrying capacity is
not diminished;
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) to which the new or substantially improved nonresidential
structures have been floodproofed; and
9.
When floodproofing techniques are utilized for a particular
nonresidential structure, the Chief Building Official shall require
certification from a registered professional engineer or architect.
[Ord. No. 4190, 2-1-2021]
A.
Compliance.
1.
No development located within the special flood hazard areas
of this community shall be located, extended, converted or structurally
altered without full compliance with the terms of this Article and
other applicable regulations.
B.
Abrogation And Greater Restrictions.
1.
It is not intended by this Article to repeal, abrogate or impair
any existing easements, covenants or deed restrictions; however, where
this Article imposes greater restrictions, the provisions of this
Article shall prevail. All other ordinances inconsistent with this
Article are hereby repealed to the extent of the inconsistency only.
C.
Interpretation.
1.
In their interpretation and application, the provisions of this
Article shall be held to be minimum requirements, shall be liberally
construed in favor of the City and shall not be deemed a limitation
or repeal of any other powers granted by State Statutes.
D.
Warning And Disclaimer Of Liability.
1.
The degree of flood protection required by this Article is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions
or the flood heights may be increased by manmade or natural causes,
such as ice jams and bridge openings restricted by debris. This Article
does not imply that areas outside the floodway and flood fringe or
land uses permitted within such areas will be free from flooding or
flood damage. This Article shall not create a liability on the part
of the City of Lake Saint Louis, any officer or employee thereof for
any flood damages that may result from reliance on this Article or
any administrative decision lawfully made thereunder.
[Ord. No. 4190, 2-1-2021]
A.
A floodplain development permit (Section 405.190) shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 425.660, Applicability. 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.
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 Chief Building Official;
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.
[Ord. No. 4190, 2-1-2021]
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 Subsection are
satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the one-hundred-year flood; however, the base flood
elevation is not provided. Development within unnumbered A Zones is
subject to all provisions of this Article. If Flood Insurance Study
data is not available, the community shall obtain, review and reasonably
utilize any base flood elevation or floodway data currently available
from Federal, State or other sources.
3.
Until a floodway is designated, no new construction, substantial
improvements or other development, including fill, shall be permitted
within any unnumbered or 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 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.
B.
Storage, Material And Equipment.
1.
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.
2.
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.
[Ord. No. 4190, 2-1-2021]
A.
In all areas identified as numbered and unnumbered A Zones, AE and AH Zones, where base flood elevation data have been provided, as set forth in Section 425.700, Provisions for Flood Hazard Reduction, the following provisions are required:
1.
Residential Construction.
a.
New construction or substantial improvement of any residential
structures, including manufactured homes, shall have the lowest floor,
including basement, elevated to three (3) feet above base flood elevation.
2.
Nonresidential Construction.
a.
New construction or substantial improvement of any commercial,
industrial or other nonresidential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to
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.
b.
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.
3.
All Construction.
a.
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.
b.
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 opening 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.
[Ord. No. 4190, 2-1-2021]
A.
All manufactured homes to be placed within all unnumbered and numbered
A Zones and AE Zones on the community's FIRM shall be required to
be installed using methods and practices that minimize flood damage.
For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
B.
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 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 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.
C.
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 Subsection (B), be elevated so that either:
1.
The lowest floor of the manufactured home is at three (3) feet
above the base flood level; or
2.
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.
[Ord. No. 4190, 2-1-2021]
A.
Located within areas of special flood hazard established in Section 425.660, Applicability, 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 community during the occurrence
of the base flood discharge.
[Ord. No. 4190, 2-1-2021]
A.
Require that recreational vehicles placed on sites within all unnumbered
and numbered A Zones and AE Zones on the community's FIRM either:
B.
A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect type utilities
and security devices, and has no permanently attached additions.
[Ord. No. 4190, 2-1-2021]
A.
The Board of Adjustment shall hear and decide appeals and requests
for variances from the requirements of this Article.
B.
Appeals.
1.
The Board of Adjustment shall hear and decide appeals in accordance with Section 405.240, Appeal of Administrative Enforcement, when it is alleged that there is an error in any requirement, decision
or determination made by the Floodplain Administrator in the enforcement
or administration of this Article.
C.
Variances.
1.
Requests for variances from the floodplain management requirements of this Article shall be in accordance with Section 405.230, Variance.
2.
Variance Criteria.
a.
In passing upon such applications for variances, the Board of
Adjustment shall consider all technical data and evaluations, all
relevant factors, standards specified in other sections of this Article,
and the following criteria:
(1)
The danger to life and property due to flood damage;
(2)
The danger that materials may be swept onto other
lands to the injury of others;
(3)
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
(4)
The importance of the services provided by the
proposed facility to the community;
(5)
The necessity to the facility of a waterfront location,
where applicable;
(6)
The availability of alternative locations, not
subject to flood damage, for the proposed use;
(7)
The compatibility of the proposed use with existing
and anticipated development;
(8)
The relationship of the proposed use to the Comprehensive
Plan and floodplain management program for that area;
(9)
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(10)
The expected heights, velocity, duration, rate
of rise and sediment transport of the 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.
3.
Conditions For Approving Variances.
a.
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, provided that the criteria specified in Subsection (C)(2) 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.
b.
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 that the proposed activity
will not preclude the structure's continued historic designation.
c.
Variances shall not be issued within any designated floodway
if any significant increase in flood discharge would result.
d.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
e.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(3)
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.
f.
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. Such notification shall be maintained
with the record of all variance actions as required by this Article.
[Ord. No. 4190, 2-1-2021]
A.
Any person who violates the provisions of this Article or fails to
comply with any of its requirements shall, upon conviction thereof,
be fined not more than five hundred dollars ($500.00) and, in addition,
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense.
B.
Nothing herein contained shall prevent the City or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
[Ord. No. 4190, 2-1-2021]
A.
The regulations, restrictions and boundaries set forth in this Article may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, in accordance with Section 405.090, Text Amendments.
B.
A copy of such amendments will be provided to the Region VII Office
of the Federal Emergency Management Agency (FEMA). The regulations
of this Article are in compliance with the National Flood Insurance
Program (NFIP) regulations.
