City of Valley Park, MO Flood Hazard Prevention

Section 405.785 Statutory Authorization, Findings of Fact and Purposes.

[Ord. No. 1914 §1(405.625(A)), 5-6-2013; Ord. No. 1937 Art. 1 12-15-2014]

Statutory Authorization. The Legislature of the State of Missouri has in Section 79.110, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Board of Aldermen of the City of Valley Park, Missouri, ordains as follows:

Findings Of Fact.

Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Valley Park, 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.

General Causes Of The Flood Losses. These flood losses are caused by: (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

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

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 Division is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Division. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County dated February 4, 2015, as amended, and any future revisions thereto.

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.

Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

Statement Of Purpose. It is the purpose of this Division to promote the public health, safety, and general welfare; to minimize those losses described in 405.785(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 Division to:

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;

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

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

Section 405.790 General Provisions.

[Ord. No. 1914 §1(405.625(B)), 5-6-2013; Ord. No. 1937 Art. 2, 12-15-2014]

Lands To Which Division Applies. This Division shall apply to all lands within the jurisdiction of the City of Valley Park, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0284K, 29189C0292K, 29189C0303K, 29189C0311K, and 29189C0312K dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this Division, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Section 405.800.

Floodplain Administrator. The Community Development Director is hereby designated as the Floodplain Administrator under this Division.

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 Division and other applicable regulations.

Abrogation And Greater Restrictions. It is not intended by this Division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division imposes greater restrictions, the provisions of this Division shall prevail. All other ordinances inconsistent with this Division are hereby repealed to the extent of the inconsistency only.

Interpretation. In their interpretation and application, the provisions of this Division 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.

Warning And Disclaimer Of Liability. The degree of flood protection required by this Division 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 Division 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 Division shall not create a liability on the part of the City of Valley Park, any officer or employee thereof, for any flood damages that may result from reliance on this Division or any administrative decision lawfully made thereunder.

Severability. If any Section, clause, provision, or portion of this Division is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Division shall not be affected thereby.

Section 405.795 Administration.

[Ord. No. 1914 §1(405.625(C)), 5-6-2013; Ord. No. 1937 Art. 3, 12-15-2014]

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 405.790(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.

Designation Of Floodplain Administrator. The Community Development Director is hereby appointed to administer and implement the provisions of this Division.

Duties And Responsibilities Of Floodplain Administrator. Duties of the Community Development Director shall, include, but not be limited to:

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 Division have been satisfied;

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;

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;

Issue floodplain development permits for all approved applications;

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);

Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;

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;

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;

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.

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:

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;

Identify and describe the work to be covered by the floodplain development permit;

Indicate the use or occupancy for which the proposed work is intended;

Indicate the assessed value of the structure and the fair market value of the improvement;

Specify whether development is located in designated flood fringe or floodway;

Identify the existing base flood elevation and the elevation of the proposed development;

Give such other information as reasonably may be required by the Community Development Director;

Be accompanied by plans and specifications for proposed construction; and

Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.

Section 405.800 Provisions for Flood Hazard Reduction.

[Ord. No. 1914 §1(405.625(D)), 5-6-2013; Ord. No. 1937 Art. 4, 12-15-2014]

General Standards.

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.

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 Division. 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.

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.

All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

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;

Construction with materials resistant to flood damage;

Utilization of methods and practices that minimize flood damages;

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;

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

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.

Storage, Material, And Equipment.

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.

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.

Non-conforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the Division, but which is not in conformity with the provisions of this Division, may be continued subject to the following conditions:

If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this Division.

If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the predamaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

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 there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this Division; and a floodplain development permit has been issued.

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 Division; and a floodplain development permit has been issued.

Specific Standards.

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 Subsection (A)(2) of this Section, the following provisions are required:

Residential Construction. New construction or substantial-improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation.

[*In all unnumbered and numbered A Zones and AE Zones, the FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.]

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 one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 405.795(C)(9).

[*The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to qualify for flood insurance rates based upon floodproofing.]

Require, for all new construction and substantial-improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1)

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

(2)

The bottom of all 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.

Manufactured Homes.

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.

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 and 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 one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

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 405.800(C)(2) of this Division, be elevated so that either:

The lowest floor of the manufactured home is at one (1) foot above the base flood level; or

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.

Floodway. Located within areas of special flood hazard established in Section 405.790(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:

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.

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.

If Section 405.800(D)(2) is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of Section 405.800.

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 405.800(A)(2).

Recreational Vehicles.

Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM either:

Be on the site for fewer than one hundred eighty (180) consecutive days,

Be fully licensed and ready for highway use*; or

Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Division.

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.

Section 405.805 Floodplain Management Variance Procedures.

[Ord. No. 1914 §1(405.625(E)), 5-6-2013; Ord. No. 1937 Art. 5, 12-15-2014]

Establishment Of Appeal Board. The Board of Adjustment as established by the City of Valley Park shall hear and decide appeals and requests for variances from the floodplain management requirements of this Division.

Responsibility Of Appeal Board.

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 405.805(A).

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 Division.

Further Appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the St. Louis County Circuit Court as provided in Section 89.110, RSMo.

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 Division, and the following criteria:

The danger to life and property due to flood damage;

The danger that materials may be swept onto other lands to the injury of others;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations, not subject to flood damage, for the proposed use;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

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.

Conditions For Approving Floodplain Management Variances.

Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 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.

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.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

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.

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 Division.

Conditions For Approving Variances For Agricultural Structures. Any variance granted for an agricultural 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 Section 405.805, Subsection (D) and (E) of this Division.

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 agricultural structures that are constructed at-grade and wet-floodproofed.

All agricultural structures considered for a variance from the floodplain management regulations of this Division shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the floodplain exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

Use of the varied structures must be limited to agricultural purposes in flood-prone areas only.

For any new or substantially damaged agricultural 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 405.800(A)(2)(b) of this Division.

The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Section 405.800(A)(2)(a) of this Division. 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.

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 405.800(A)(2)(d) of this Division.

The agricultural 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 the NFIP regulations.

Major equipment, machinery, or other contents must be protected from any flood damage.

No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

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. Such notification shall be maintained with the record of all variance actions as required by this Division.

10.

Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

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 Section 405.805, Subsection (D) and (E) of this Division.

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.

Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 405.800(A)(4)(b) of this Division.

The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 405.800(A)(4)(a) of this Division. 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.

Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 405.800(A)(4)(d) of this Division.

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 405.800(B)(1)(c) of this Division.

The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 405.800(D)(2) of this Division. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

Equipment, machinery, or other contents must be protected from any flood damage.

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.

10.

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.

Section 405.807 Penalties For Violation.

[Ord. No. 1937 Art. 6, 12-15-2014]

Violation of the provisions of this Division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this Division 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. Nothing herein contained shall prevent the City of Valley Park or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 405.810 Amendments.

[Ord. No. 1914 §1(405.625(G)), 5-6-2013; Ord. No. 1937 Art. 7, 12-15-2014]

The regulations, restrictions, and boundaries set forth in this Division 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 Valley Park least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Division are in compliance with the National Flood Insurance Program (NFIP) regulations.

Section 405.820 Definitions.

[Ord. No. 1914 §1(405.625(H)), 5-6-2013; Ord. No. 1937 Art. 8, 12-15-2014]

Definitions applicable to Division 4. Flood Hazard Prevention are located in Article II, Rules and Definitions.