[Ord. No. 3121, 4-18-2016]
The State Legislature has, in Chapter 89 of the RSMo., delegated
the responsibility to local governmental units to adopt regulations
designed to promote the public health, safety and general welfare
of its citizenry. Therefore, the City Council has enacted this Chapter.
[Ord. No. 3121, 4-18-2016]
A.
The flood hazard areas of the City are subject to periodic 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.
These flood losses are caused by the cumulative effect of obstructions
in floodplains causing increases in flood heights and velocities and
by the occupancy in flood hazard areas by uses vulnerable to floods
or hazards to other lands which are inadequately elevated, floodproofed
or otherwise unprotected from flood damages.
[Ord. No. 3121, 4-18-2016]
A.
It is the purpose of this Chapter to promote the public health, safety
and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control
projects;
3.
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities, such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use
and development of floodprone areas in such a manner as to minimize
future flood blight areas;
7.
Ensure that potential home buyers are notified that property
is in a flood area; and
8.
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. 3121, 4-18-2016]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section;
provided that, unless specifically defined below, words or phrases
used in this Chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this Chapter its most reasonable
application:
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
Act and the accepted actuarial principles. "Risk premium rates" include
provisions for operating costs and allowances.
A request for review of the Building Inspector's interpretation
of any provision of this Chapter or a request for a variance.
A designated AO or AH zone on a community's flood insurance
rate map (FIRM) with a one-percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet, where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain 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 equalled
or exceeded in any given year.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before June 3, 1988, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
An official map of a community, on which the flood insurance
study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the flood boundary/floodway
map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years [i.e., that has a one-percent (1%) chance of flood occurrence
in any one (1) year].
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 floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, clogged bridge openings and the hydrological
effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than one hundred eighty (180) consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers and other similar vehicles.
A parcel or contiguous parcels of land divided into two (2)
or more manufactured home lots for rent or sale.
Structures for which the start of construction or substantial
improvement is commenced on or after the effective date of the FIRM.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), "start of
construction" includes substantial improvement and means the date
the building permit was issued; provided, that the actual start of
construction, repair, reconstruction, placement or other improvement
was within one hundred eighty (180) days of the permit date. The "actual
start" means the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns or 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; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
A walled and roofed building that is principally aboveground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground.
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, included either:
Any project for improvement of a structure to comply with existing,
state or local health, sanitary or safety code specifications which
are solely necessary to ensure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
A grant of relief to a person from the requirements of this
Chapter, which permits construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in unnecessary
hardship.
[Ord. No. 3121, 4-18-2016]
A.
In order to accomplish its purpose, this Chapter includes methods
and provisions for:
1.
Restricting or prohibiting uses which are dangerous to health,
safety and property due to water or erosion or to flood heights or
velocities.
2.
Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction.
3.
Controlling the alteration of natural floodplains, stream channels
and natural protective barriers, which are involved in the accommodation
of floodwaters.
4.
Controlling filling, grading, dredging and other development
which may increase erosion or flood damage.
5.
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodway waters or which may increase
flood hazards in other areas.
[Ord. No. 3121, 4-18-2016]
This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of the City.
[Ord. No. 3121, 4-18-2016]
The areas of special flood hazard identified by the Federal
Emergency Management Agency through a scientific and engineering report
entitled "The Flood Insurance Study for the City of Malden" dated
October 14, 1986, with accompanying flood insurance rate maps and
flood boundary and floodway maps, with any revision thereto are hereby
adopted by reference and declared to be a part of this Chapter. The
flood insurance study is on file at City Hall.
[Ord. No. 3121, 4-18-2016]
This Chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this Chapter and another ordinance conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
[Ord. No. 3121, 4-18-2016]
[Ord. No. 3121, 4-18-2016]
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This Chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Chapter shall not create liability
on the part of the City or by any officer or employee thereof for
any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereon.
[Ord. No. 3121, 4-18-2016]
The regulations, restrictions and boundaries set forth in this
Chapter may, from time to time, be amended, supplemented, changed
or repealed to reflect changes in the National Flood Disaster Protection
Act of 1973; provided that no such action may be taken until after
a public hearing in relation thereto, at which parties in 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. 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 Federal Emergency Management
Agency. The regulations of this Chapter are in compliance with the
National Flood Insurance Program Regulations as published in Title
44 of the Code of Federal Regulations.
