City of Raymore, MO Chapter 460 Flood Protection

§ 460.010 Introductory Provisions.

A. Statutory Authorization. The Legislature of the State of Missouri has in RSMo., 79.010 et. seq., 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 Raymore, 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:

a. The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and

b. The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

3. Methods Used to Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

[Amendment 14 – Ordinance 2012-079, 10-22-2012]

a. Selection of a base flood that is based upon engineering calculations which permit a consideration of flood factors such 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 Flood Insurance Study and illustrative materials for Cass County, Missouri dated January 2, 2013, as amended, and any future revisions thereto.

b. Calculation of water surface profiles is 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., the area outside the floodway encroachment lines that is still subject to inundation by the base flood.

C. Purpose. It is the purpose of this chapter to:

1. Promote the public health, safety, and general welfare;

2. To minimize those losses described in Section 460.010B;

3. 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

4. To meet the requirements of 44 CFR 60.3(b) by applying the provisions of this chapter to:

a. 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;

b. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

c. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

D. Applicability. This chapter applies to all lands within the jurisdiction of the City of Raymore identified as unnumbered A zones and AE zones on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM) for Cass County, Missouri panels 29037C0028F, 29037C0029F, 29037C0034F, 29037C0035F, 29037C0036F, 29037C0037F, 29037C0038F, 29037C0039F, 29037C0041F, 29037C0042F, 29037C0043F, and 29037C0044F, dated January 2, 2013, as amended, and any future revisions thereto. In all areas covered by this chapter, no development is permitted except through the issuance of a floodplain development permit granted by the City of Raymore or its duly designated representative under such safeguards and restrictions as the City of Raymore 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 460.010C.

[Amendment 14 – Ordinance 2012-079, 10-22-2012]

§ 460.020 Compliance.

No development located within the special flood hazard areas of this community may be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

§ 460.030 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 prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

§ 460.040 Interpretation.

In their interpretation and application, the provisions of this chapter will be held to be requirements, will be liberally construed in favor of the governing body, and will not be deemed a limitation or repeal of any other powers granted by State Statutes.

§ 460.050 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. 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 does not create a liability on the part of the City of Raymore or any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made under this chapter.

§ 460.060 Administration.

A. Floodplain Administrator.

1. Designation. The Director of Public Works is hereby designated as the Floodplain Administrator and is appointed to administer and implement the provisions of this chapter.

2. Powers and Duties. The duties and responsibilities of the Floodplain Administrator include, but are not limited to:

a. Review of all applications for floodplain development permits to assure sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;

b. 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;

c. Review all subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

d. Issue floodplain development permits for all approved applications;

e. Notify adjacent communities and the Missouri Department of Natural Resources prior to any significant alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

f. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;

g. 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;

h. 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; and/or

i. When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator must require certification from a registered professional engineer or architect.

B. Floodplain Development Permit.

1. A floodplain development permit is required for all proposed construction or other development, including the placement of manufactured structures, within the lands described in Section 460.010D, according to the permit procedure in Section 470.070.

2. If any portion of a parcel is within the one-hundred-year floodplain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements. All FEMA, the Missouri Department of Natural Resources (MDNR) and/or United States Army Corps of Engineers (USCOE) approvals must be in place prior to any review by staff or the Planning and Zoning Commission.

C. Amendments. The regulations, restrictions and boundaries set forth in this chapter may be amended to reflect changes in the National Flood Disaster Protection Act of 1973, according to the text amendment procedure in Section 470.020. A copy of any 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.

D. Variances. Any variance request to the requirements of this chapter shall be filed in accordance with Section 470.230.

§ 460.070 General Standards.

A. No permit for floodplain development will be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zone or AE zone, unless the conditions of this chapter are satisfied.

B. 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 community must obtain, review, and reasonably utilize any base flood elevation or floodway data available from Federal, State or other sources.

C. Until a floodway is designated, no new construction, substantial improvements or other development, including fill, is 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.

D. All new construction, subdivision proposals, substantial improvement, pre-fabricated buildings, placement of manufactured homes, and other development requires:

1. Design or adequate anchorage to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. Construction of materials resistant to flood damage;

3. Utilization of methods and practices that minimize flood damage;

4. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designated and/or located as to prevent water from entering or accumulating within the components during conditions of flooding;

5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

a. All such proposals are consistent with the need to minimize flood damage;

b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

c. Adequate drainage is provided so as to reduce exposure to flood hazards; and

d. 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.

E. 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 floatation, or if readily removable from the area within the time availability after a flood warning.

F. Agricultural Structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed, provided:

1. There is no human habitation or occupancy of the structure;

2. The structure is of single-wall design;

3. There is no permanent retail, wholesale or manufacturing use included in the structure;

4. A variance has been granted from the floodplain management requirements of this chapter; and

5. A floodplain development permit has been issued.

G. Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure, of limited investment value and not larger than four hundred (400) square feet may be constructed at-grade and wet-floodproofed provided:

1. There is no human habitation or occupancy of the structure;

2. The structure is of single-wall design;

3. A variance has been granted from the standard floodplain management requirements of this chapter; and

4. A floodplain development permit has been issued.

§ 460.080 Specific Standards.

A. 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 460.070, the following provisions are required:

1. Residential Construction.

[Amendment 34 - Ordinance 21-073, 12-13-2021]

a. New construction or substantial improvement of any residential structure, including manufactured homes, must have the lowest floor, including basement, elevated to or one (1) foot above base flood level.

b. This subsection does not apply to any land development activity for which a preliminary plat or other phased development has been previously approved as of February 28, 2005 or to any land development activity which has been submitted for preliminary plat approval as of February 28, 2005.

c. No platted lots may encroach in the Federal Emergency Management Agency (FEMA) floodplain or the one-hundred-year flood elevation for areas not identified as special flood hazard areas.

2. Non-residential Construction.

[Amendment 21 – Ordinance 2015-005, 1-26-2015]

a. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured homes, must have the lowest floor, including the basement, elevated to or one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect must certify that the standards of this subsection are satisfied. Such certification must be provided to the Floodplain Administrator as set forth in Section 460.060.

b. No platted lots may encroach in the Federal Emergency Management Agency (FEMA) floodplain or the one-hundred-year flood elevation for areas not identified as special flood hazard areas.

3. All Construction. 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 must 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 of not less than one (1) square inch for every square foot of enclosed area subject to flooding must be provided; and

b. The bottom of all openings must 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.

§ 460.090 Manufactured Homes.

A. All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones on the community’s FIRM must 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 floatation, 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 that manufactured homes that are placed or substantially improved within unnumbered or numbered A zones or AE zones on the community’s FIRM on sites:

1. Outside of manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to and existing manufactured home park or subdivision; or

4. 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 or one (1) foot above the base flood level and be securely attached to an adequately anchored foundation system to resist floatation, 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 unnumbered or numbered A zones and AE zones on the community’s FIRM, that are not subject to the provisions of Section 460.090B of this chapter, be elevated so that either:

1. The lowest floor of the manufactured home is at or one (1) foot 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 floatation, collapse, and lateral movement.

§ 460.100 Floodway.

Located within areas of special flood hazard established in Section 460.010D 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 apply:

A. The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designated 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;

B. 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;

C. If Section 460.100B is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter; and

D. 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 460.070B.

§ 460.110 Recreational Vehicles.

Recreational vehicles placed on sites within unnumbered A zones on the community’s FIRM must either:

A. Be on site for fewer than one hundred eighty (180) consecutive days;

B. Be fully licensed and ready for highway use, meaning that 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; or

C. Meet the permitting, elevating, and the anchoring requirements for manufactured homes of this chapter.

§ 460.120 Stream Buffer Requirements.

A. Additional Buffer Requirements. All land development activity subject to this chapter shall meet the following requirements:

1. A buffer plan approved by the Director of Public Works is required for all projects where development or redevelopment is to occur on property that includes or is adjacent to a FEMA designated flood plain or land subject to flooding during a one-hundred-year storm event. The plan shall set forth an informative, conceptual, and schematic representation of the proposed activity so as to enable the City an opportunity to make a reasonably informed decision regarding the proposed activity.

2. The delineation of the buffer and its component zones shall be shown on any building construction plans, preliminary plat and final plat, as may be required by this Code. The buffer plan shall be submitted in conjunction with the required preliminary plat and engineering plans for any development and the boundaries of the stream buffer shall be clearly delineated.

3. A buffer plan shall contain the following information:

a. A location or vicinity map showing the limits of the FEMA-delineated flood plain and one-hundred-year flood limits.

b. Field-delineated and/or surveyed streams, springs, bodies of water (include a minimum of one hundred fifty (150) feet into adjacent properties).

c. Labels for the buffer zones and any structures or activities by the zone where they are to be located.

d. An inspection and maintenance plan as outlined in the latest revision of the Mid-America Council and American Public Works Association Manual of Best Management Practices for Stormwater Quality.

4. Boundary Markers. Boundary markers shall be installed prior to final approval of the required clearing and grading plan.

5. Construction Fencing. Construction fencing shall be placed to delineate the buffer and shall be maintained throughout the construction of the project.

6. Final Plats. All final plats and survey developments prepared for recording shall clearly:

a. Show the extent of any buffer on the subject property;

b. Provide a note to reference any buffer stating: “There shall be no clearing, grading, construction or disturbance of vegetation”; and

c. Provide a note to reference any conservation easements governing all stream buffer areas stating: “Any buffer shown hereon is subject to conservation easements that restrict disturbance and use of these areas.”

B. Design Standards for Buffers.

[Amendment 14 – Ordinance 2012-079, 10-22-2012]

1. A buffer for a stream shall consist of a strip of land extending along both sides of a stream.

2. The required width for all stream buffers shall be a minimum average of forty (40) feet on each side of the stream beginning at the stream centerline.

3. In no case shall the buffer be less than the flood plain limits as shown on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) for Cass County, Missouri Panels 29037C0028F, 29037C0029F, 29037C0034F, 29037C0035F, 29037C0036F, 29037C0037F, 29037C0038F, 29037C0039F, 29037C0041F, 29037C0042F, 29037C0043F and 29037C0044F dated January 2, 2013, as amended, and any future revisions thereto.

4. If stream buffers, or stream channels, are disturbed or destroyed during development activities, they shall be restored using native vegetation or plantings as outlined in required ‘Planting Palette’

5. The following structures, practices, and activities are permitted in the stream buffer, with specific design or maintenance features, subject to the review and approval of the City:

a. Activities for the purpose of building one (1) of the following:

(1) A stream crossing by a driveway, transportation route or utility line;

(2) Public water supply intake or public wastewater outfall structures;

(3) Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

(4) Paved foot trails and paths;

(5) Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

b. Crossings for roads, bridges and utilities, subject to the following:

(1) The right-of-way should be the minimum width needed to allow for maintenance access and installation.

(2) The angle of the crossing shall be as close to perpendicular to the stream or buffer as is practicable to minimize clearing requirements; and

(3) The minimum number of road crossings should be used within each subdivision, and no more than one (1) crossing is allowed for every one thousand (1,000) feet of buffer.

c. Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

d. Within an easement of any utility existing at the time this ordinance takes effect or approved under the terms of this ordinance, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

e. Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Director of Public Works on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director of Public Works to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

f. Placement of structures for the control and monitoring of water quality and water quantity within a stream buffer, as required by the City.

§ 460.130 Penalties for Violation.

A. Any person who violates this chapter or fails to comply with any of its requirements will, upon conviction thereof, be subject to the penalties contained in Section 480.030I.

B. Nothing herein contained will prevent the City of Raymore or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.