HomeMy Public PortalAboutORD15758BILL NO. 2017-101
SPONSORED BY Councilman Henry
ORDINANCE NO. I:5 -Me
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO
STORMWATER/FLOODPLAIN MANAGEMENT
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Article III. Floodplain Management, Section 31-310. Administration, and
Section 31-311. Floodplain Development Permits, of Chapter 31 (Stormwater/Floodplain
Management) of the Code of the City of Jefferson, Missouri, is amended as follows:
C.
1,c 1 1, 11 1 .1 . 1. 1, + + limited to
n b
Review all development permit applioations to assur-e that
and that *the uirernefAs.of this articale have been
pull Ill MqW.9 PTETOr-r. Ill
refmit i
Review all development pennit applicationspropesed
-- '+ have 1.een obtained from thesefederal, state
' b'
�ne� apP�eval is required. This h n, a �limited+
development
r local goveffime„+.,1 agencies from .,1,:..1.
obtaining Yc c� ,
th,.mics ed
e Stermwater b •
PT
C.
1,c 1 1, 11 1 .1 . 1. 1, + + limited to
n b
Review all development permit applioations to assur-e that
and that *the uirernefAs.of this articale have been
sites Ame. F—sonably safe fFom fiee4ing
satisfied.
refmit i
Review all development pennit applicationspropesed
-- '+ have 1.een obtained from thesefederal, state
' b'
�ne� apP�eval is required. This h n, a �limited+
development
r local goveffime„+.,1 agencies from .,1,:..1.
obtaining Yc c� ,
th,.mics ed
e Stermwater b •
Editor's note: Deleted language shown mss. Added language shown thus.
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Editor's note: Deleted language shown thus. Added language shown thus.
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Editor's note: Deleted language shown thus. Added language shown thus.
@
Th
't.J r th
f J '1't.
t
t 4et
., 1., at;
.,
whereneeessapplicable;
=
Th
the proposed
availability
, u�
f It t'
jeeations,
not ,.b;
..t
to flood:
da
b
h
Th
The
eemt'b'1•t.
r J
fthe proposed
of the
use
withexisting
is the
comprehensive
d anticipated
de
plan
elo
n-
.,r•
floodplain
management
relationship
program
proposed
for that
area;
z
The
vehieles;
safiAy
f meess
t the
Y
Y ,d-,
J
times
f
flood
F ordinary
nd
j.
Th
rer-s
Y
t d heights,
d the ff
1
« f wame
:+.. duration
J,
action,
if
ate of
appl' able
r
expeeted
_ d sediment
at the
transport
site;
rt
an l
f the fl .]
loo
l
Th
eosr
f 'd'
r
ba over-nmental
services
during
and after-
flood
conditions,
ineluding
gas,
>
water
systoms,
and
streets
nd bridges.
E. Conditions
for
..aria ,
es
1.
Generali
b issued
F
—VA,
c-ons#*'-ction
d h
t t,
r
« t be
contiguous
stpactures
fully
eefistrueted
eens'd
d
belem,
A the
the base
lot size
flood
inereases
level,
beyond
b
efie half
items 2
aere,
the
b
+
h 6 below
h 1
have been
justifleatien
issuingrequired for
the va
2.
, or- restoration
of
stme-tur-es
listed onthe
National
of histor-io
plaeos
Register
upon
determination
pFevided
the
proposed
aetivity
will
not
pr-eclude the
stFuctur-e's
continued
histor-ie
designation,
3.
Variances
shall
not
be issued
within
any designated
floodway
if any iner-ease
in flood
levels during
the base
flood
d'
barge would
resuIt
4.
Variancesshall
1J bissued
re
r
a detenninat:n
.. that
the
vaAance
is the
minimum
necessapy,
consideringthe
flood
hazard,
t ff
d relief-.
5.
Vaniane@s
detennination
shall
that
only be
failure
issued upon
to grant
the
(a) a
showingof
id result
good
in
and
exeseptional
„ff;.
.,r
haFdship
cause, \b%
to the
app1'
t
additional
d (e)
a determination
thfeats
th
to public
r the
safety,
extraordinary
publie
expense,heights,
,
fraud
on or vietimization
ftb bl'or-
r
eonfl'
«.local „the
sting
_la,
or -din an
6.
A community
inereased
insufanee
premium
coverage
, shall
of
J
rates
and (2)
the 1'
rr
vipmee to
for- flood
sueh constmetion
t
construct
insurance
a.;tin
below
over
a strucature
up to amounts
the
the signature
below
base
base
as high
flood level
of a
flood
as
increases
community
$25.00
level
for-
risks
official that
will result ia
$100-00 of
to life and
7.
pFepeFty.
by this
Any
Such
ordinance_
applicant
will
notifleation
to
be
h
eommemsur-me
shall 1,
i'vith
a anted
the
shall
inereased
begiven
risk
resulting
a Nwittent;
from
the
e
that the
reduced
required -
east of flood
lowest floe
8.
elevation.
theBoard
neeessafy
r
f Adjustment
further-pufposes
the
rt
•'
of
h sueh
this a;ale
rt
nditioins
to the
granting
f varianees
as it deems
9.
The
floodplain
d tr
+ shall
maintain
the r ord
f all
NN
t'
d rt a
repeft
t
the f
d 1agency
a sr
management
s+
F. a
Editor's note: Deleted language shown thus. Added language shown thus.
order to Fainimize flood
damages
duringin
the 100 year
flood and the threat
to public health and safiaty,
following
at wade and m,et floodpreefe,
A'
�� r+f esnrerr.�smsrsssss+
or -
buoyaney,
1.
and debris impact
forees;
b and limited
storage
1 as identified
on the nit
y .1 's Flood 7n
a UntoMap (FIRM),
or- other utility equipment
a.containedf-
2.1.
For- any now or
t t' 11 damaged
loeated
t, t the
t dinterior-building
rc
components and
below the
.,itl, this or -d nanee
J
elements (i.e.,foundation,
elevation,etc.)
base flood
must be
11 fr-aming, ex4er-ior-andinterior-finishes,
built with flood resistant
materials in aecer-dane-o
J.
movement
of the struetufe in
aeoer-dance with
this or-dinanee.
any development or substantial impr-evement or cathe
A'
�� r+f esnrerr.�smsrsssss+
or -
buoyaney,
and hydred)%amic
and debris impact
forees;
Any mechanical,
above the
eleetfieal,
base a.
or- other utility equipment
a.containedf-
must be
loeated
a minimum of one foot
_. Seetion
- during
flood-
5.
The araeessaF�-S—Gtufes
must
meet all National
Flood insufance
Program
(NFIP) E)pe
00year- flood,
contain openings
ordiname.
that m411 permit
- automatie
entty and
exit of
floodwaters
of this ordinance.
No var-ianees
may be issued
for
aeoessory
stfuctue-s
designated
fleedm,ay, if I .
. flood levels
would
result
during
the 100 year- Pood.
7.
Equipment,
machinefy, or- other
eentents must
be pr-eteeted
fT-orn
any
floodthis
No disaster
relief assistance
under8.
- der -a! agency shall be paid
•
_ over
the signature
floOd leVel
increased
insur-anee
pr-operty.
for-
cover -age and (2) such
Such notifleation shall
e.
eonstmetien
be maintained
belom, the
m4th the
basef
recer-d
of
00 $100.00 of
all variance aetions as required–
10.
by this or-diname.
Wet floodpreefing
prepared
development
eonstfuetion
by a registered professional
permit fbF eonstruction.
teehniques must
efigineer
be reviem,ed
or arehitect
and
prior-
approved
to
e. odplain
the issuanee of any
A. Floodplain Development Pe3'nit Required
development,proposed oensti-7uctien or other-
n
floodplain development permit shall b required F .- all
b the plarvenient of manufactufed homes. No per -son,
firm, > or- unit of b
shall initiate
any development or substantial impr-evement or cathe
obtainingovemment
-;-ame te- -he done without first
other development.
or -
Editor's note: Deleted language shown Ows. Added language shown thus.
B. Application For Floodplain Develo meat Permit
shall first file an appliesation in Nwiting on a form
) the applicant
ftwaished for ihat puFpose. Evei:y floodplain developme
permit applieation shall:
1. Describe the 16nd hich the proposed
sfteet address, oF similm EleSffiptiOH that
workis to be do by lot bleek and tract house
will readily identify and specifically leeate the PFOPOsed
and
StMet,.ro O or -k;
)
2.
)
3. T d »t_ the use or- oecupaney for '•1,--1,
the proposed , _rk is -„tonda.l•
4.
;
5. a •flJ whether- development .,designateda is 1ated
in Heed fringe r feed
T.1 t'flJ the existing base flood elevation
6.
.,.] of_the de el.,r.mepA•
the elevationproposed
7.
)
8.d by plans .1 specifications
Y
n
for proposed no nd ee and -
9.
9.
»dio to s ,,.1, authority.
Sec. 31-310. Administration.
A. Designation of the local administrator. The Director of Public Works, or his/her designee, hereinafter
referred to as the ' floodplain administrator is hereby appointed to administer and implement the
provisions of this article by granting or denying development permit applications in accordance with the
provisions of this article.
B. Duties and responsibilities of the floodplain administrator. Duties of the Floodplain Administrator or his
or her designee shall include, but not be limited to:
1. Understand regulations governing the regulatory floodplain
2. Review and approve / deny Floodplain Development Permit applications
3. Conduct inspections of properties in the regulatory floodplain
4. Initiate enforcement actions, when necessary
5. Keep records of all floodplain development
6. Investigate complaints of violations
7. Maintain and update administrative forms
8. Maintain floodplain maps and flood data
9. Disseminate floodplain management information
10. Complete FEMA Biennial Reports
11. Conduct damage assessments after maior rainfall or flooding events
12. Provide interpretation as to the boundary of the special flood hazard area when discrepancies
appear to exist.
Sec. 31-311. Floodplain Development Permits.
Editor's note: Deleted language shown Chas. Added language shown thus.
A. Floodplain Development Permit Required. A Floodplain Development Permit shall be required for all
proposed construction or other development within any area of special flood hazard established in
Section 31-300 No person firm corporation, or unit of government shall initiate any development or
substantial improvement or cause the same to be done without first obtaining a separate Floodplain
Development Permit for each structure or other development.
B. Application for Floodplain Development Permit. To obtain a Floodplain Development Permit, the
applicant shall first file an application in writing on a form furnished by the Director of Public Works for
that purpose Every Floodplain Development Permit application shall:
1. Describe the land on which the proposed work is to be done by lot block and tract, house and
street address or similar description that will readily identify and specifically locate the
proposed structure or work;
2. Identify and describe the work to be covered by the floodplain development permit;
3. Indicate the size and use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market value of the improvement;
5. Specify whether development is located in designated flood fringe or floodway;
6. Identify the existing base flood elevation and the elevation of the proposed development;
7. Provide such other information as reasonably may be required by the Floodplain
Administrator;
8. Be accompanied by plans and specifications for proposed construction; and
9. Be signed by the permittee or his authorized agent who may be required to submit evidence to
indicate such authority.
C. Additional Documentation The particular circumstances of a development may require the submission
of additional documentation and may include one or more of the following:
1. An NFIP Elevation Certificate signed and sealed by a professional engineer, surveyor, or
architect is required.
2. A "No -Rise" Certificate signed and sealed by a professional engineer if the work being proposed
lies within the regulatory floodway. This certificate must be completed before a floodplain
development permit can be issued by the City.
3. Wet floodproofing certificates for accessory structures used solely for parking, building access,
or limited storage that have been designed for the automatic entry and exit of floodwater, and
constructed of flood resistant materials.
4. If dry floodproofing is utilized for non-residential structures, a dry floodproofing certificate
must be signed and sealed by a professional engineer.
5. Cost analysis for substantial damages / substantial improvements
D. Review process Floodplain Development Permit application review will examine the submitted
documentation and technical data and determine the compliance/non-compliance and approve or deny
the application The review process shall be as follows:
1. Floodplain Permit Application Package
a. Review submitted documentation for completeness and required signatures
b. Examination of plans including site information and elevation data
c. Inspection of technical documents including building design plans and construction
materials.
d. Identify / Acknowledge other applicable permits
Editor's note: Deleted language shown thus. Added language shown thus.
2. Approval / Denial of Permit.
a. Permit Approval If the permit is found to be in compliance the permit will be approved
allowing the applicant to proceed in conformance to the information set forth in the
application.
b. Conditional Approval The Floodplain Manager may approve a permit with conditions.
The conditions will be clearly indicated on all records associated with the approval as
will the methods used to verify the conditions.
c. Permit Denial If the permit does not comply with the floodplain regulations then it will
be denied The Floodplain Administrator may indicate the major areas of non-
compliance or indicate where clarification may be required.
E. On Site Inspection Process Specific and periodic inspections will be performed to confirm that the
construction and development are in accordance with the approved permit. These inspections will be
performed by the Floodplain Administrator or his or her designee. The timing of these inspections are as
follows:
1. Initial Site Inspection This inspection will take place prior to permit approval It will verify that
the conditions presented in the permit application are consistent with the actual ground
conditions.
2. Final Inspection This inspection will take place at or near the completion of the project. It will
serve as a final check that all construction and development are in accordance with the approved
permit including grading and encroachments and all building foundations, openings, elevations,
and anchoring systems.
3. Periodic Inspections Periodic inspections have no set time or frequency. These inspections will
serve to ensure that properties remain in compliance with floodplain regulations, to guard
against unvermitted development and to identify unpermitted substantial improvements.
F. Enforcement Actions Upon recognitions of a violation the violator will receive a verbal notification of the
violation and will be given a timeframe in which to correct the violation. If the violation is not corrected
within the allotted timeframe a written notification will be sent by certified mail and the violator will be
allotted a prescribed time in which to correct the violation. Should the violation remain unabated,
penalties including issuance of a stop work order, revocation of the permit, fines or a combination of
these remedies will be used, consistent with City Code.
Section 2. Article III. Floodplain Management, Section 31-312. Variances and Section
31-313. Other Administrative Requirements, of Chapter 31 (Stormwater/Floodplain
Management) of the Code of the City of Jefferson, Missouri, are created as follows:
Sec. 31-312. Variances.
A. Variance procedures Where an application for a floodplain development permit or request for a
variance from the floodplain management regulations is denied by the Floodplain Administrator, the
applicant may apply for such floodplain development permit or variance directly to the Board of
Adiustment.
1. 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 floodplain administrator in the
enforcement or administration of this article.
2. Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to
the circuit court as provided in Chapter 89 RSMo., 1986.
Editor's note: Deleted language shown thus. Added language shown thus.
3. In passing upon such applications for variances the Board of Adjustment shall consider all
technical data and evaluations all relevant factors, standards specified in other sections of this
article, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger of life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d.The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility to a waterfront location, where applicable;
L The availability of alternative locations not subiect to flooding or erosion damage, for
the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h.The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
L The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights velocity, duration rate of rise and sediment transport of the flood
waters and the effects of wave action if applicable, expected at the site; and,
k.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, and streets and bridges.
B. Conditions for variances:
1. Generally, variances may be issued for new construction and substantial -improvements to be
fully considered As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases..
2. 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.
3. Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result
4. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
5. 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.
6. 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 $25.00 for $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 ordinance.
Editor's note: Deleted language shown dins. Added language shown thus.
C. Upon the granting of a variance
1. Any applicant to whom a variance is granted shall be given a written notice that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
2. The Board of Adiustment may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this article.
3. The floodplain administrator shall maintain the records of all appeal actions and report any
variances to the federal emergency management agency upon request.
A Conditions for Approving Variances for Accessory Structures
1. Anv variance granted for
2. 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 struc-
tures that are constructed at -grade and wet-floodproofed.
3. 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).
4. 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 this ordinance.
5. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral
movement of the structure in accordance with this ordinance. 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.
6. Any mechanical electrical or other utility equipment must be located a minimum of one foot
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 Article 4, Section A (4)(d) of this ordinance.
7. The accessory structures must meet all National Flood Insurance Program (NFIP) opening
requirements The NFIP requires that enclosure or foundation walls, subiect to the 100 -year
flood contain openings that will permit the automatic entry and exit of floodwaters in
accordance with this ordinance.
8. The accessory structures must comply with the floodplain management floodwav encroachment
provisions of this ordinance No variances may be issued for accessory structures within any
designated floodwav, if any increase in flood levels would result during the 100 -year flood.
9. Equipment machinery, or other contents must be protected from any flood damage.
10. 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.
11. 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 $25.00 for $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 ordinance.
Editor's note: Deleted language shown thus. Added language shown thus.
12. Wet-floodprooflng construction techniques must be reviewed and approved by the community
and prepared by a registered professional engineer or architect prior to the issuance of any
floodplain development permit for construction.
Sec. 31-313. Other Administrative Requirements.
A. Record Keeping All records for floodplain development must be retained for future reference. These
records will be scanned and digitally stored with the City of Jefferson. These records include but are not
limited to the following:
1. Floodplain development applications / permits
2. NFIP elevation certificates
3. "No -Rise" certifications
4. All NFIP reports and correspondence
5. Other local State and Federal permits/certifications/correspondence/etc.
B. Investigation of Complaints The Floodplain Administrator or his or her designee will investigate
complaints within one week of receiving the complaint. The investigation will document the findings in a
format determined by the Floodplain Administrator that is appropriate to the nature of the violation.
C. Administrative Forms The Floodplain Administrator shall periodically review and update as necessary
all forms associated with the management of the floodplain regulations. The forms will be kept by the
Floodplain Administrator. The forms include the following:
1. Pre and Post -Construction Wet Floodproofing Structural Certification
2. Pre and Post -Construction Floodproofing Certification
3. Pre and Post -Construction Certification Opening in Foundation Walls
4. NFIP Elevation Certificate
5. Pre and Post -Construction Floodproofing Certification Form for Pressured and Flammable
Liquid Tanks
6. Engineering "No -Rise" Certificate
7. Floodplain Development Application
8. Owner Certification
9. Other documents as may be necessary
D. Damage Assessment The Floodplain Manager or his or her designee shall conduct damage assessments
of properties inundated by floods or maior rainfall events. The assessments shall include the following:
1. Compile a listing of all flood damaged structures
2. Inspect each structure to determine extent of damages
3. Make a detailed list of damages, such as foundations basements, floors, walls, cabinets, built-in
appliances HVAC equipment roofs and any other flood related damage that can be determined
4. Estimate total damage cost for each facility
5. Using the assessed values of the structure only (not including land value) obtained from the Cole
County Assessor, make a determination of substantial damage by comparing cost of repair to
assessed value of the structure
Editor's note: Deleted language shown thus. Added language shown thus.
6. Follow the Floodplain Development permit procedures in processing all applications for repair
and/or construction
E. Map Appeals and Revisions The Floodplain Administrator will facilitate access to the FEMA maintained
digital mapping system for all Letter of May Amendment (LOMA) and all Letter of Map Revision
(LOMR) documents.
F. Floodplain Maps and Flood Data The Floodplain Administrator shall maintain a set of floodplain maps
for administrative purposes as well as assisting in the accessing of digital mapping information.
G. Unnumbered A Zones. The Floodplain Administrator shall be aware of areas that are susceptible to
flooding including unnumbered A Zones and other unmapped areas. The Administrator will determine
flood elevations of these areas through the use of the City of Jefferson Stormwater Master Plan and other
applicable Federal and State data as may be appropriate.
H. FEMA Biennial Reports The Biennial Report form will be completed and returned to FEMA within 30
days of receipt Copies of the Biennial Report along with the supporting documentation will be scanned
and digitally stored with the City of Jefferson.
Section 3. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: f
Approved:
Presiding Officer Mayor Carrie Tergin
ATTEST:- Z APPROVED AS TO FORM:
Cit Clerk C Cou elor
Editor's note: Deleted language shown thus. Added language shown thus.