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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. - - - - OWN a. - pq - - - _ Mm - UrTrm UT INTI Ip" - - - e. a. a. _ a • .. MMUNPINUM -Mn 1 I Editor's note: Deleted language shown thus. Added language shown thus. F. a 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.