[R.O. 2009 §8-1; Ord. No. 1077 §1, 12-28-2004]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
they have in common usage and to give this Chapter its most reasonable
application.
See "BASE FLOOD".
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
A request for review of the Flood Plain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
The land in the flood plain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority
to implement and administer laws, Chapters and regulations for that
community.
Any State or area or political subdivision thereof which
has authority to adopt and enforce flood plain management regulations
for the areas within its jurisdiction.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred
to as "existing structures".
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed before the effective date of the flood
plain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
An official map of a community on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source (see "FLOODING").
The operation of an overall program of corrective and preventive
measures for reducing flood damage including, but not limited to,
emergency preparedness plans, flood control works and flood plain
management regulations.
Zoning Chapters, subdivision regulations, building codes,
health regulations, special purpose Chapters (such as flood plain
and grading Chapters) and other applications of Police power. The
term describes such State or local regulations, in any combination
thereof, that provide standards for the purpose of flood damage prevention
and reduction.
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities or structures and their contents.
The lines marking the limits of floodways on Federal, State
and local flood plain maps.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as bridge openings and the hydrological
effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable floodproofing design requirements of this Chapter.
A structure, transportable in one (1) or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For flood
plain management purposes, "new construction" means
structures for which the "start of construction" commenced on or after
the effective date of the flood plain management regulations adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads) is completed on or after the effective date of flood
plain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including Federal, State
and local governments and agencies.
That at least fifty-one percent (51%) of the actual cash
value of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
To bring the structure or other development into compliance
with Federal, State or local flood plain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement or other
improvements were within one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st)
placement of permanent construction of a structure on a site, such
as the pouring of slabs or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation or
the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling,
the installation of streets and/or walkways, excavation for a basement,
footings, piers, foundations, the erection of temporary forms, nor
installation on the property of accessory structures, such as garages
or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the "actual start of construction" means the first (1st) alteration of any wall, ceiling, floor or
other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
That agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
For flood plain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. "Structure", for insurance purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site, as well as a manufactured home on
a permanent foundation. For the latter purpose, the term includes
a building while in the course of construction, alteration or repair,
but does not include building materials or supplies intended for use
in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief by the community from the terms of a flood
plain management regulation. Flood insurance requirements remain in
place for any varied use or structure and cannot be varied by the
community.
The failure of a structure or other development to be fully
complaint with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required by this
Chapter is presumed to be in violation until such time as that documentation
is provided.
The height in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the flood plain.
[R.O. 2009 §8-2; Ord. No. 1077 §1, 12-28-2004]
The legislature of the State of Missouri has in Section 89.020,
RSMo., delegated the responsibility to local governmental units to
adopt flood plain management regulations designed to protect the health,
safety and general welfare.
[R.O. 2009 §8-3; Ord. No. 1077 §1, 12-28-2004]
A.Â
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of Cool Valley, 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.
B.Â
General Cause Of The Flood Losses. These flood losses are
caused by:
C.Â
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.
1.Â
Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated and the depth of inundation.
The base flood selected for this Chapter is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this Chapter. It is in the general
order of a flood which could be expected to have a one percent (1%)
chance of occurrence in any one (1) year as delineated on the Federal
Insurance Administrator's FIS and illustrative materials dated August
1995, as amended, and any future revisions thereto.
2.Â
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.
3.Â
Computation of a floodway required to convey this flood without increasing
flood heights more than one (1) foot at any point.
4.Â
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
5.Â
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
[R.O. 2009 §8-4; Ord. No. 1077 §1, 12-28-2004]
A.Â
It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Section 410.030(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:
1.Â
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.Â
Require uses vulnerable to floods, including public facilities that
serve such uses, be provided with flood protection at the time of
initial construction; and
3.Â
Protect individuals from buying lands that are unsuited for the intended
development purposes due to the flood hazard.
[R.O. 2009 §8-5; Ord. No. 1077 §1, 12-28-2004]
This Chapter shall apply to all lands within the jurisdiction of the City of Cool Valley identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 1995, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a flood plain development permit granted by the City of Cool Valley or its duly designated representative under such safeguards and restrictions as the City 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 Article III.
[R.O. 2009 §8-6; Ord. No. 1077 §1, 12-28-2004]
The regulations, restrictions and boundaries set forth in this
Chapter may from time to time be amended, supplemented, changed or
appealed to reflect any and all changes in the National Flood Disaster
Protection Act of 1973, provided however, that no such action may
be taken until after a public hearing in relation thereto, at which
parties of interest and citizens shall have an opportunity to be heard.
Notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City of Cool Valley. At
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 Chapter are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[R.O. 2009 §8-7; Ord. No. 1077 §1, 12-28-2004]
It is not intended by this Chapter to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this Chapter imposes greater restrictions, the provisions of this
Chapter shall prevail. All other ordinances inconsistent with this
Chapter are hereby repealed to the extent of the inconsistency only.
[R.O. 2009 §8-8; Ord. No. 1077 §1, 12-28-2004]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements, shall be liberally
construed in favor of the Governing Body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
