HomeMy Public PortalAboutORD15017 BILL NO. 2012-68
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. I S22 I /r�
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO STORMWATER / FLOODPLAIN MANAGEMENT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1.Chapter 31 (Stormwater/Floodplain Management) of the Code of the
City of Jefferson, Missouri, is amended as follows:
Section 31-120 Definitions.
Unless specifically defined below, words or phrases in this chapter and in all Floodplain Development
Permit Application forms shall be interpreted so as to give them the meaning they have in common usage and to
give this chapter its most reasonable application:
100-year Flood. See base flood.
Accessory Structure. Also appurteuant.stracture.
Actuarial or risk premium rates. Those rates established by the administrator pursuant to individual
cormnunity 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.
Administrator.The Federal Insurance Administrator.
Agencv.The Federal Emergency Management Aeencv(FEMA).
Agricultural Commodities. Agricultural products and livestock.
Agricultural Structure. Anv structure used exclusively in connection with the production,
harvesting,storage,drving.or raising of agricultural commodities.
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this
article or a request for a variance.
Appurtenant Structure A structure that is on the same parcel of property as the principle structure
to be insured and the use of which is incidental to the use of the principal structure.
Area of special flood hazard. The land in the floodplain within the City of Jefferson subject to a one
percent or greater chance of flooding in any given year.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 1
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year (100
year flood).
Basement. Anv area of the structure having its Boor subgrade(below ground level)on all sides.
Best Management Practices B( MPs). Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving
waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and
practices to control site runoff,spillage or leaks,sludge or water disposal,or drainage from raw materials storage.
Building. See structure.
Chief Executive Officer or Chief Elected Official. The official of the community who is charged with
the authority to implement and administer laws ordinances and regulations for that communit .
CCy. The City of Jefferson, Missouri.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent
amendments thereto.
Clearing. Any activity which removes the vegetative surface cover.
Community. Anv State or area or political subdivision thereof, which has authoritv to adopt and
enforce Boodplain management regulations for the areas within its jurisdiction.
Council. The city council of the City of Jefferson. Missouri.
Design year storm. The selected or established frequency or return period of rainfall time-duration for
which drainage facilities are to be designed.
Detention basin. Any man-made area which serves as a means of controlling and storing stormwater
runoff.
Developer. A person directing or participating in the direction of improvements on and/or to land,
including, but not limited to, the owner of the land, a general contractor or a commercial agent engaged for such
activity.
Development. Any man-made 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. May also include any change of land use.
Director. The Director of Public Works or a delegated representative.
Drainage Basin(Watersheds). The catchment area from which stormwater is carried off by a watercourse
or storm drainage system. The area served by a drainage system receiving storm and other surface-borne water.
The boundaries of a drainage basin are a product of natural topography and drainage system configuration.
Drainage facility. A man-made structure or natural watercourse for the conveyance of stormwater runoff.
Examples are channels,pipes, ditches, swales,catch basins and street gutters.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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Drainage Way. Any channel that conveys surface runoff.
Dwelling unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living
quarters by a single family as defined herein.
Elevated Building. 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.
Eligible Community or Participating Community. A community for which the Administrator has
authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Erosion Control. Measures that prevent erosion.
Erosion and Sediment Control Plan. A set of plans prepared by or under the direction of a licensed
professional engineer that indicates the specific measures and sequencing to be used controlling sediment and
erosion on a development site both before, during and after construction.
Existing construction. 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 FIRM's effective before that date.
"Existing construction"may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdivision. 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 floodplain management
regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision. 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).
Family. One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an
individual housekeeping organization. A family may not include more than two (2) persons not related by blood,
marriage or adoption.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry
land areas from:
I. The overflow of inland waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Boundary and Floodway Map (FBFM). An official map of a community on which the
Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Flood Elevation Determination. A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in
any given year.
Drafters Note: Original text shown as"thus."Text changed from the original shown as"thus."
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Flood Elevation Study.An examination,evaluation and determination of flood hazards.
Flood Fringe. The area outside the floodway encroachment lines, but still subject to inundation by
the regulatory flood.
Flood Hazard Boundary Map (FHBM). 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.
Flood insurance rate man FI( RM). 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.
Flood Insurance Study (FIS). An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
Floodplain or Flood-prone Area. Any land area susceptible to being inundated by water from any
source(see "flooding").
Floodplain Management.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 floodplain management regulations.
Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain and grading ordinances) 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.
Floodprooring. Anv combination of structural and nonstructural 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.
Floodwav or regulatory floodway. 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 foot.
Floodway Encroachment Lines. The lines marking the limits of floodways on Federal, State and local
floodplain maw
Floodwav fringe. That area of the floodplain, outside of the floodway that has a one percent chance of
flood occurrence in any one year.
Freeboard. 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 or urbanization of the watershed.
Functionally, Dependent Use. 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.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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Grading. Excavation or fill of material,including the resulting condition thereof.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because
of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when
improperly treated,stored,transported, disposed of, or otherwise managed.
Highest adiacent grade. The highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
Historic Structure. Any structure that is (a) 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; (b) 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; (c) 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 (d) individually listed
on a local inventory of historic places in communities with historic preservation programs that have been
certified either (1) by an approved state program as determined by the Secretary of the Interior or (2)
directly by the Secretary of the Interior in states without approved programs.
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as
exempted by this ordinance.
Illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance,
whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but
not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater,
and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains
and sinks,regardless of whether said drain or connection had been previously allowed,permitted, or approved by an
authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Impervious surface. Surfaces on real property where infiltration of stormwater into the earth has been
virtually eliminated by the works of man.
Improved land. Land having improvements that are impervious to, or alter the flow of, stormwater within
the limits of a platted, or otherwise distinguished,parcel of land.
Improvement. A structure on or other alteration of land.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26
(b)(14).
KC-APWA 5100. Kansas City Metro Chapter of the American Public Works Association (APWA),
Division 5100, Erosion and Sediment Control, as amended from time to time by APWA and including all additions
and exceptions kept on file by the City.
KC-APWA 5600. Kansas City Metro Chapter of the American Public Works Association, Division 5600,
Storm Drainage Systems and Facilities, as amended from time to time by APWA and including all additions and
exceptions kept on file by the City.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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Low-density residential. Individually platted lots containing two(2)or fewer dwelling unit.
Lowest Floor. The lowest Boor 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 ordinance
Manufactured home. A structure, transportable in one 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" does not include a "recreational vehicle." also
include. ark Wa fl.., Wavel trailers and then similar ,.,Moles pl.,ee era site far-greater than e hundred eighty a
1 4!1\
"....n e days. For ••ge.purposes,th 0es He do park trailer$-travel
trailers and the•,.imil ,,,Miles
Manufactured home part; or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or
more manufactured home lots for rent or sale.
Map. The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Man (FIRM), or the Flood
Boundary and Floodwav Man (FBFM) for a community issued by the Federal Emergency Management
Agency(FEMA).
Market Value or Fair Market Value. An estimate of what is a fair, economic, just, and equitable
value under normal local market conditions.
Mean Sea Level. 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. The a eFage height o fthe a. .n st.5 e'-ef
tile-tads
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit
issued by EPA(or by a State under authority delegated pursuant to 33 USC § 1342(b))that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual,group, or general area-
wide basis.
Natural Stream. For the purposes of this chapter natural stream shall be defined as a water course
containing an ordinary high water mark with a drainage area of fifty(50)acres or more.
Natural Stream Protection Buffer. An area of land containing a twenty-five (25) foot riparian zone and a
thirty-five (35) foot minimum building setback. The purpose of the buffer is to protect water quality, minimize the
effects of stream bank erosion and enhance flood protection.
New Construction. 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 floodplain
management purposes, "neu,consirrrctlait"means structures for which the "start ofcoustritction"commenced
on or after the effective date of the floodplain management regulations adopted by a community and includes
any subsequent improvements to such structures. ct_ et._es r_..r ieh the "#aft R4:e ngtniption� ,..mar
improvement is commenced an-Br-aR2r--the elElaptivp. dats of the Cron 4
New Manufactured Home Park or Subdivision.A manufactured home park or subdivision for which
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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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 floodplain management
regulations adopted by the community.
_(NFIP).The National Flood Insurance Program(NFIP).
Ordinary High Water Mark. A line on the bank established by the fluctuations of water and indicated by
physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas.
Owner. Any person, firm, association, syndicate, partnership, corporation,trust, or any other entity having
legal title to, or a sufficient proprietary interest to legally transfer, real property. Proprietary interest shall include,
but not be limited to, estate administration, trusteeship, guardianship and actions under a valid power of attorney.
Proprietary interest shall not include an agency or a bare employment relation.
Participating Community also known as an "eligible community". A community in which the
Administrator has authorized the sale of flood insurance.
Perimeter Control. A barrier that prevents sediment from leaving a site either by filtering sediment-laden
runoff,or diverting it to a sediment trap or basin.
Person. Includes any individual or group of individuals,corporation, partnership,association, or anv
other entity,including Federal,State,and local governments and agencies.
A natural_person, earpeFatien,part ner- ^.-„,�,-other entity.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the
clearing of the next.
Pollutant. Anything which causes or contributes to pollution.Pollutants may include,but are not limited to:
paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so
that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal colifonn and pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any
kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
Principally Above Ground. At least 51 percent of the actual cash value of the structure, less land
value,is above ground.
Recreational Vehicle. A vehicle which is (a) built on a single chassis; (b)400 square feet or less when
measured at the largest horizontal projections; (c) designed to be sell-propelled or permanently towable by a
light- duty truck; and (d) designed primarilv not for use as a permanent dwelling but as temporary living
quarters for recreational,camping,travel,or seasonal use.
Regional Detention Master Plan: Plan showing existing and future regional detention facilities to be owned
and operated by the City and as amended from time to time by the Director. The document shall be kept on file at
Drafters Note:Original text shown as"thus.”Text changed from the original shown as"thus."
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the City.
Remedy A Violation. To bring the structure or other development into compliance with Federal,
State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its
noncompliance.
Repetitive Loss. Flood-related damages sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such flood event,equals or exceeds twentv-five
percent of the market value of the structure before the damage occurred.
Riparian Zone. A twenty-five(25)foot area of land adjacent to a natural stream, kept in its natural state for
the purpose of protecting water quality, minimizing the effects of stream bank erosion and enhancing flood
protection. The width of the riparian zone shall be measured from the ordinary high water mark of the natural
stream, After the riparian zone is platted, the area designated on the plat as the riparian zone shall be substituted for
this definition.
Risk Premium Rates. 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 prOVi5ion5 for operating costs and allowances.
Sediment Control. Measures that prevent eroded sediment from leaving the site.
Site, A parcel of land, or a contiguous combination thereof, where grading work is performed as a single
unified operation.
Special Flood Hazard Area.see "area ofspecial flood hazarrL"
Special Hazard Area. An area having special flood hazards and shown on a FHBM. FIRM or FBFM
as zones(unnumbered or numbered)A and AE.
Stabilization The use of practices that prevent exposed soil from eroding.
Start of Construction (includes substantial-improvements). The date the building permit was issued,
rovided the actual start of construction repair, reconstruction rehabilitation addition placement, or other
improvements were within 180 days of the permit date. The actual start means either the first 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 alteration of anv wall, ceiling, floor, or other
structural part of a building,whether or not that alteration affects the external dimensions of the building.
The land tiN-
diStUibing e=r --_'_'eiated-with a evelopment,^.nE}Hding, laR afaden suGn-$Teri" "ern g ad b
and filling; installation of stfee is and walkways; excavation Fnr-basements,—fvt piers or-foundations; ry netionf
a ry forms;, ni <7vt i Iz r-atio i iF niz:csay.y]vmAd
nb�-saci-vS^gurug°a
State Coordinating Agency. 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.
Drafters Note: Original text shown as"thus."Text changed from the original shown as"thus."
2012-SB
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Storm drain. An improved storm drain is a closed conduit or paved open ditch for conducting collected
stormwater. An unimproved storm drain is an open ditch, natural or specifically constructed for conveying collected
stormwater.
Storm drainaee design manual. A city manual for use by land developers in the design of storm drainage
systems such as storm drains, culverts, streets, gutter flow hydraulics,natural drainage swales and storm inlets. The
Storm Drainage Design Manual may include drainage policy to be followed, standard design methods, computation
forms and city standards.
Storm Water. Any surface flow,runoff, and drainage consisting entirely of water from any form of natural
precipitation,and resulting from such precipitation.
Stormwater drainage system. All drainage facilities used for collecting and conducting stormwater to,
through and from drainage areas to the points of final outlets including, but not limited to, any and all of the
following: Conduits and appurtenant features, canals, ditches, streams, gullies, flumes, culverts, streets, gutters and
pump stations.
Stormwater management plan. All phases(1-4)of the city master plan describing the development of, and
facilities required for, the stormwater drainage system and additional improvements and actions necessary to the
management of stormwater drainage, entitled "City of Jefferson, Missouri Comprehensive Stormwater Master Plan
Update,",prepared by Burns and McDonnell,as approved by the council and from time to time amended.
Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and
activities to be implemented by a person or business to identify sources of pollution or contamination at a site and
the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or
Receiving Waters to the Maximum Extent Practicable.
Structure For floodplain 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. A
walled and reefed b :ding ` at Ta 'ally above gFe .,. well . . f,,olFea w ».end a , aF 1
o a� quid
steEage tank-that "Fineipally-abeve--,goad:
Substantial-Damage. Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.The term includes Repetitive Loss buildings(see definition).
For the purposes of this definition "repair" is considered to occur when the first repair or reconstruction of
any wall,ceiling, floor,or other structural part of the building commences.
The term does not apply tot
I. Any project for improvement of a building required to comply with existing health,sanitary.or
safety code specifications which have been identified by the Code Enforcement Official and which
are solely necessary to assure safe living conditions,or
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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2. Anv alteration of a "historic structure" provided that the alteration will not preclude the structure's
continued designation as a"historic structure",or
3. Any improvement to a building. L
Damage of origin .stainerl�L�eFeby 11,E as t[O�et�o—its before
dan33ged fena:a ro r u.�,, ld equal exeeed 50% of the mafkpl; vA He R die stiaetufe "efere the dafRage eseuxed
(OFO No 11950 c r 1 26 rn)
Substantial Improvement. Anv combination of reconstruction,alteration,or improvement to a
building,taking place during a 10 year period, in which the cumulative percentage of improvement equals or
exceeds fifty percent of the current market value of the building. For the purposes of this definition,an
improvement occurs when the first alteration of anv wall,ceiling, floor,or other structural part of the
building commences,whether or not that alteration affects the external dimensions of the building. This term
includes structures,which have incurred"repetitive loss" or"substantial damage", regardless of the actual
repair work done.
The term does not apply to:
1. anV proacet for improvement of a building required to comply with existing health sanitary,or safety
code specifications which have been identified by the Code Enforcement Official and which are solely
necessary to assure safe living conditions,or
2. Anv alteration of a"historic structure" provided that the alteration will not preclude the structure's
continued designation as a"historic structure."Or
3. Anv building that has been damaged from anv source or is categorized as repetitive loss.
Substantial inipFeN,pineig. Any r stfuetie ehabilitetie dd4ieH—,et eFnNp
the of. i� ieh equals exespris enui,.fthe mAFI.et vAlup, of the stFmd ure Hefe Iz �cr ffstFUetten Bffhe
ffnprevefrfent
Substantially improved existing manufactured home parks or subdivisions. Where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of
the value of the streets,utilities and pads before the repair, reconstruction or improvement commenced.
Swale. A relatively wide, shallow ditch around or between structures used to carry stormwater runoff.
Unimproved land. Land in its natural state.
Variance. A grant of relief by the community from the terms of a floodplain management regulation.
Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the
is o f hig 1 fulitr ty-
commumty. requireme.a~t�-��-a�fae-wlffc-If-peroPflan-.a-a
nfanneF otherwise Prohibit I„ this article where r pi fie f.,rr,., est y on« ..1.1 F sult in unnecessafy I,afdship
otherwise v�-�.�-min'-.�-..�r�P.°,.-r.-..-c°-ixv
Violation The failure of a structure or other development to be fully compliant with the community's
f7oodplain management regulations A structure or other development without the elevation certificate,other
certifications or other evidence of compliance required by this ordinance is presumed to be in violation until
such time as that documentation is provided.
Wastewater Any water or other liquid, other than uncontaminated storm water,discharged from a facility.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 10
Water Surface Elevation. 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 floodplain.
Watercourse. A stream, usually flowing in a particular direction (though it need not flow continuously in a
definite channel),having a bed or banks and usually discharging into some other stream or body of water.
Section 2. Chapter 31 (Stormwater/Floodplain Management) of the Code of
the City of Jefferson is amended as follows:
ARTICLE 111. FLOODPLAIN MANAGEMENT
Sec.31-300.General provisions.
A. Methods of reducing flood losses. In order to accomplish its purposes, this article includes methods and
provisions for:
I. 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.
B. Lands to which this article applies. This article shall apply to all areas of special flood hazards within the
jurisdiction of City of Jefferson, Missouri.
C. Basis for establishing the areas of special flood hazard: This ordinance shall apply to all lands within
the jurisdiction of the City of Jefferson City, Missouri identified as numbered and unnumbered A
zones and AE zones, on the Flood Insurance Rate Maps (FIRMS) for Cole County on map panel
numbers 29051C0107E 29051C0108E 29051C0109E 29051C0120E 29051C0126E 29051C0127E
29051C0128E, 29051CO129E 29051C0131E 29051C0132E 29051C0133E 29051C0134E
29051C0136E, 29051C0137E 29051C0139E 29051C0141E 29051C0142E 29051C0143E
29051C0153E 29051C0161E 29051CO162E and 2905IC0166E dated November 2 2012 as
amended and any future revisions thereto. In all areas covered by this ordinance, no development
shall be permitted except through the issuance of a floodtalain development permit, granted by the
Citv Council or its dulv designated representative under such safeguards and restrictions as the City
Council or the designated representative may reasonably impose for the promotion and maintenance
of the general welfare, health of the inhabitants of the community.
I. The areas of special-Heed-hazard ...hi,.1h aFe idenEi€ted-by-tHe-Fedefal Ernef-geney >,n..rtagement
a a
Ag eney t hf..b h e �entmifio cmnd engineering The Fiend InsuFanee ct. yr
Emile
Gount and jeeFp .ated
AFens dated De nrnbef�005 with a, n g fl eeda AgHFAv""'ca•iete
Fraps with a fevisians theFetAare-he.eby adopted by f.-..--and l. d to
dee�c._. Fe of to lie a .aFt of this
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 11
article The flood n 4�a :n the aFFna of the^t. lerk
urnc�m6d-InSdFanfL'-StHdj�ic ^ ��x-. �ic�c�C,�
_'. All aFeas of special flood ha.n_,1..hick are within the City limits and located in Gallaway Gountl`
A4isseurPi ntit+ed4n-T-he-Flee
late_ Inc ^..d aeeompanying flood-insuFaFlee-rate-n3ap5{aed4loe
tlieFetg one he reby-adepted by«. e an ecel,¢«ed-«. he . ..«t of th:. .«:.1, (n«. Ne 13 849
c t 4�§)
D. Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances or special
exception) shall constitute a Code violation. Any person who violates this article or fails to comply with
any of its requirements shall upon conviction thereof be fined not less than ten dollars ($10.00) and not
more than one hundred dollars ($100.00) 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 Jefferson, Missouri, or other appropriate authority from
taking such other lawful action as is necessary to prevent or remedy any violation.
E. Abrogation and greater restriction. It is not intended by this article to repeal, abrogate, or impair an
existing easements, covenants, or deed restrictions. However, where this article imposes greater
restrictions, the provisions of this article shall prevail. All other sections of the Code inconsistent
with this article are hereby repealed to the extent of the inconsistency only. Thl^ ^ ^'° ^ ^'1't^^ Ied
to-Pepe nl ahn ne atn .T°T^mtin n °aa,ma , Aaad Ho , .he the
ama ndana other fl' t 1 1f na shall.Feygil
aFH ., -er-B�yeflap;-H'll-IGII@yeFHnp65.°Tixie—i noc� a n
F. Interpretation. In their interpretation and application, the provisions of this article 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 anv other powers granted by State statutes.
In the plioat:an of the iele all g shall he eansidered ^.s minimum
nt... shall be libeFa ly eanstfued in fever ofth^_ ^r«I -eeyerning body; and shall b earned „e,=:tfipF to
lin3it-neF Fepeal n „tl,^ ^a.nnted, ..He�ag
G. Warning and disclaimer of liability. The degree of flood protection required by this article 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 lams and bridge openings restricted by debris. This article 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 article shall not create a liability on the part of the
City of Jefferson City, any officer or employee thereof, for anv flood damages that may result from
reliance on this article or any administrative decision lawfuliv made thereunder..
The degree flood protection required by this aftiolo is onnsiderea reasonable of Feg 1^te -.,esesand
is haged on qpismifie and engineering considerations. 1 arger floods ean and will .,ecuf on FaFe�.
Rand heights may be ineFeased by man nia e or natural This Rftiele daes-noel. �d Gauses.
aut9id0_the-area_of special flood-hcazafd-BF uses-p..•mitted within such nrenq will h a 40m 4to« FlaediRgg of
D
flood damages This aFtiele shall fiat efeate liability on the part of the!'.'t�of a n�en Tn Bois&eu�^ y-aH e
r f4�Ta�tieFeef4e. a..,, fleed damages that ult fro Fell nnCe_Bn thnRma �°�le of any
T"
'—a^T-rTO ,Hanna
admin:at"at:.e. don:a:nn la..F. 11.Trade-theFenndeF.
Drafters Note:Original text shown as"thus:'Text changed from the original shown as"thus."
2012-68
Page 12
Sec.31-301. Statutory authorization, findings of fact and purposes.
A. Statutory Authorization. The Legislature of the State of Missouri has in RSMo 89.020 delegated
the responsibility to local governmental units to adopt floodplain management regulations
designed to protect the health, safetv, and general welfare. Therefore, the Citv Council of the
City of Jefferson Citv,Missouri,ordains as follows:
1. Flood Losses Resulting from Periodic Inundation
The special flood hazard areas of the City of Jefferson City, 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.
2. 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.
3. Methods Used To Analvze Flood Hazards
The Flood Insurance Study (FIS) that is the basis of this ordinance uses a standard
engineering method of analvzing flood hazards which consist of a series of interrelated steps.
a. 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 ordinance
is representative of large floods which are characteristic of what can be
expected to occur on the particular streams subject to this ordinance. It is in the
general order of a flood which could be expected to have a one percent chance of
occurrence in anv one vear as delineated on the Federal Insurance
Administrator's FIS, and illustrative materials for Cole County dated November
2,2012,as amended, and any future revisions thereto.
b. Calculation of water surface profiles are based on a standard hydraulic en ineerin
analysis of the capacity of the stream channel and overbanl< areas to convey the
regulatory flood.
C. Computation of a floodwav required to convey this flood without increasing flood
heights more than one(1)foot at any point.
d. Delineation of floodwav encroachment lines within which no development is
permitted that would cause anv increase in flood height.
e. Delineation of flood fringe, i.e., that area outside the floodwav encroachment lines,
but still subject to inundation by the base flood.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 13
Statement of Purpose. It is the purpose of this article to promote the public health, safety, and
general welfare; to minimize those losses described in Article 1, Section 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(x)(3); and to meet the
requirements of 44 CFR 60.3(d) by applying the provisions of this ordinance to:
1. 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; and
2. 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. protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.
Sec.31-302.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 ordinance and other
applicable regulations.
Sec.303-309 Reserved.
Sec.31-310.Administration.
A. Establishment of a development permit. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in Section 31-300. No person,
fine, or corporation or unit of government shall initiate any development or substantial improvement or
cause the same to be done without first obtaining a separate permit for each development as defined in
Section 31-300. Application for a development permit shall be made on forms furnished by the Director of
Public Works and may include, but not limited to: Plans in duplicate drawn to scale showing the nature,
location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of
material, drainage facilities and the location of the foregoing. Specifically, the following information is
required:
1. Elevation in relation to mean sea level of the lowest floor(including basement)of all structures.
2. Elevation in relation to mean sea level to which any nonresidential structure is to be floodproofed.
3. Certification from a registered professional engineer or architect that the nonresidential
floodproofed structure will meet the floodproofing criteria in Section 31-320.
4. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
5. Elevations required for the application shall be provided by a registered professional engineer,
architect or land surveyor.
B. Designation of the local administrator. The City Administrator, 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
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 14
article.
C. 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. Review all development permit applications to assure that sites are reasonably safe from flooding
and that the permit requirements of this article have been satisfied.
2. Review all development permit applications 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. This shall include, but not be limited to,
obtaining the permits required by Chapter 31, Stormwater Management.
3. When base flood elevation data has not been provided in accordance with Section 31-300, then the
floodplain administrator shall obtain, review and reasonably utilize any base flood elevation or
floodway data available from a federal, state or other source, in order to administer the provisions
of Section 31-320.
4. Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the
lowest floor(including basement)of all new or substantially improved structures.
5. Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which
the new or substantially improved structures have been floodproofed.
6. When floodproofing techniques are utilized for a particular structure, the floodplain administrator
shall obtain certification from a registered professional engineer or architect.
7. Notify adjacent communities and the Missouri State Emergency Management Agency (MO
SEMA) prior to any alteration or relocation of a watercourse, and shall submit evidence of such
notification to the Federal Emergency Management Agency.
8. Assure that maintenance is provided within the altered or relocated portion of said watercourse so
that the flood-carrying capacity is not diminished.
9. Where interpretation is needed as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between a mapped boundary and
actual field conditions) the floodplain administrator shall make the necessary interpretation. The
person contesting the location of the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided in this article.
10. All records pertaining to the provisions of this article shall be maintained in the office of the
floodplain administrator and shall be open for public inspection.
11. The floodplain administrator shall be authorized to promulgate rules consistent with this article to
carry out the purpose and intent of this article.
12. 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.
13. Issue floodplain development permits for all approved applications;
D. Variance procedures. Where an application for a floodplain development permit or request for..a
variance from the floodplain management regulations is denied by the F000dplain Administrator,the
applicant may apply for such floodplain development permit or variance directly to the Board of
Adjustment.
The o.afd of Adjustment,as established-by-the Gity shall-hear and-decide-appeals and-requests
Drafters Note:Original text shown as"thus"Text changed from the original shown as"thus."
2012-68
Page 15
I. 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. Also, all applications for development in a
floodway shall go before the Board of Adjustment for nonroval.
2. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal
such decision to the circuit court as provided in Chapter 89 RSMo., 1986.
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;
f. The availability of alternative locations, not subject 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;
i. 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.
E. Conditions for variances
1. Generally, variances may be issued for new construction and substantial-improvements to
be erected on a lot of one-half 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 one-half acre, the technical
iustification required for issuing the variance increases. Va;ianoes-may be issued-foF-h^
fee0nstfn,.«:R.on, rehabilitation o restoration of s«...,,.... .. 1saed ..� National RegisteF o fHisto�.
b
Waees er-th. c«.o�r ..tor of u n-4a s-,o,n:«.ou _ gaF «. he_pFeP-°a��.°t feFth in the
mnvaroiTtTUiefir. arzT,°.J
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
fisted 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. VnFignepq 514,rl�d-withitt
a„y, designated fle eA. .,�f ae y-i n�,... e-ir fined le-el.. d...:.,a,. Fle ea d:. 6,a .. would
Fpsuh:
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 16
3. Variances shall not be issued within any designated floodway if anv increase in flood levels
during the base flood discharge would result Irafiances shall anly he issued upon—a
that the vaFianpp is the «eeessary,-eepsidcrt° «na the flood fl..od hazard, to afford
4. Variances shall only be issued upon a determination that the variance is the minimum
necessarv, considering the flood hazard, to afford relief Vafiasees sham as only be issued open-a
CBS and sH ffi ie«t
b S eause,—a-detefraination that c ilufe to b..««t the vaFianep would
It in «tin«nl hafdship to tl, d n detefmi«ntien that the granting of _
'clmmTm-i,°r°�rx�vm��., n S n b
al «fie It in i.eFeased flood heights, a dit al threats to «.Ilia of t. ..t..nn..djn .hlie
eA,pense create nuisanees. eause fraud on of of e public, or conflict with a stin_a
lnn«I ln.... OF Gpdisannus
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.
7.3-. 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.
8.6, The Board of Adjustment may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this article.
9.7, The floodplain administrator shall maintain the records of all appeal actions and report any
variances to the federal emergency management agency upon request.
F. 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 other criteria and conditions set forth in this article.
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.
1. Use of the accessory structures must be solely for parking and limited storage purposes in
zone A only as identified on the communitv's Flood Insurance Rate Man(FIRM).
2. For any new or substantially damaged accessory structures, the exterior and interior
building components and elements (i.e., foundation, wall framing, exterior and interior
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 17
finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant
materials in accordance with this ordinance.
3. 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 snecific flood-related forces including
hydrostatic, buoyancy,and hydrodynamic and debris impact forces.
4. Any mechanical, electrical, or other utilitv 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.
5. 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 this ordinance.
6. The accessory structures must comply with the floodplain management floodwav
encroachment provisions of this ordinance. No variances may be issued for accessory struc-
tures within any designated floodwav, if any increase in flood levels would result during the
100-year flood.
7. Equipment, machinery,or other contents must be protected from any flood damage.
8. No disaster relief assistance under anV program administered by anv Federal agency shall be
paid for any repair or restoration costs of the accessory structures.
9. A community shall notifv 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.
10. Wet-floodproofing 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.31-311. Floodplain Development Permits.
A. Floodplain Development Permit Required. A floodplain development permit shall be required for all
proposed construction or other development, including the placement of manufactured homes. 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 for that purpose. Every
floodplain development permit application shall:
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
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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 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. Give such other information as reasonably may be required by the Floodplain
Administrator;
8. Be accompanied bV 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.
Sec.312-319 Reserved
Sec.31-320.Provisions For Flood Hazard Reduction.
A. General standards. In all areas of special flood hazards (Zones A, AH, AO, AE and Al-30) the following
provisions are required:
I. All new construction, including the placement or replacement of manufactured homes, and
substantial improvements shall be designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
2. All new construction and substantial improvements shall be constructed with materials resistant to
flood damage.
3. All new construction and substantial improvements shall be constructed by methods and practices
that minimize flood damage.
4. All new construction and substantial improvements shall be constructed with electrical, heating,
ventilation,plumbing, and air conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating within the components during
conditions of flooding.
5. All new and replacement electrical, heating, ventilation, and air conditioning equipment and shall
be designed and/or located to prevent water from entering or accumulating within the components
during conditions of flooding unless deemed a minor repair by the floodplain administrator.
6. In the event an excavation is made on land adjacent to special flood hazard areas which places the
lowest floor, including basement elevation at or below the 100 year flood elevation plus one foot,
the structure shall, for the purpose of these regulations, be considered as being in a special flood
hazard area.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
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7. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
S. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters.
9. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
10. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive
or could be injurious to human, animal or plant life is prohibited.
11. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive
or could be injurious to human, animal or plant life is prohibited, unless such materials are stored
in:
(a) A structure conforming to the specific standards as set forth in Section 31-320.C.2; or
(b) A structure that does not conform to the specific standards as set forth in Section 31-
320.C.2,but only if such materials are stored in a closed area.(Ord. 12120, § 1, 7-5-94)
12. That until a flood way has been designated, no development, including landfill, may be permitted
within Zones Al-30 and AE on the city's FIRM unless the applicant of the land use has
demonstrated that the proposed use, when combined with all other existing and reasonably
anticipated uses, will not increase the water surface elevation of the 100-year flood more than one
foot on the average cross-section of the reach in which the development or landfill is located as
shown on the flood insurance rate study incorporated by reference in Section 31-300 of this article.
B. Standards for subdivision proposals:
1. All subdivision proposals and other proposed new developments, including manufactured home
parks or subdivisions,shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer,gas, electrical and
water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
4. Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including proposals for manufactured home parks and subdivisions), which is
greater than either fifty(50) lots or five(5)acres.
C. Specific standards. In all areas of special flood hazard, where base flood elevation data has been provided
as set forth in Section 31-300 or Section 31-310 (Zones Al-30 or AE), the following provisions are
required:
1. Residential Construction: New construction or substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above the base flood
elevation plus one foot. As a minimum, two elevation certifications shall be required with one
being required prior to the issuance of a Flood Plain Development Permit and a second being
required after completion of construction. Elevation certifications shall be provided by a
registered professional engineer, architect or land surveyor. On existing structures where no
change is made to the existing floor elevation the floodplain administrator may waive the
requirement for the second elevation certification.
2. Nonresidential Construction: New construction or substantial improvement of any commercial,
industrial or other nonresidential structure shall have:
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
2012-68
Page 20
a. The lowest floor, including basement, elevated to the level of the base flood elevation
plus one foot;or,
b. Together with attendant utility and sanitary facilities, be floodproofed so that below such
a level 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. The floodproofed structure shall not move,
float, leak, collapse, nor be substantially damaged by water pressure, erosion, water
current or debris loading. A registered professional engineer or architect shall certify that
the standards of this subsection are satisfied. Such certification shall be provided to the
official as set forth in Section 31-310. As a minimum one certification shall be required
prior to the issuance of a Flood Plain Development Permit and a second certification shall
be required after construction is complete;or,
C. If the area will be used solely for parking, building access, or limited storage; and
designed to allow for the automatic entry and exit of flood waters through the use of
engineered openings; and constructed of flood resistant materials; and with any necessary
attendant utility and sanitary facilities floodproofed in accordance with Section 31-
320.C.2.b; the area may be considered wet floodproofed. Certifications from a registered
professional engineer or architect shall certify that the structure will resist hydrostatic,
hydrodynamic and debris impact forces and that the utility and sanitary facilities have
been floodproofed in accordance with Section 31-320.C.2.b. At a minimum, one
certification shall be required prior to the issuance of a Flood Plain Development Permit
and a second certification shall be required after construction is complete. Additionally,
the owner shall provide a written statement prior to issuance of a Flood Plain
Development Permit stating that the area will only be used for parking, building access,
or limited storage and that, when a flood warning is issued, as much of the contents as
possible will be evacuated.
3. Pressurized and flammable liquid tanks.
a. Pressurized and flammable liquid tanks are nonresidential structures. The installation of
such tanks shall comply with the Nonresidential Construction Standards (Sec. 31-
320.C.2)and the more restrictive standards of this subsection.
b. Standards for pressurized and flammable liquid tanks.
A tank located in a flood hazard area shall be installed so the tank, when full, partially
full, or empty, will not float, move, leak or collapse during a rise in water level up to the
100 Year Flood Elevation plus one foot. Tank vents or other openings which are not
liquid-tight shall be extended above the 100 Year Flood Elevation plus one foot. Tank
piers, footings, vent stacks and any other support, anchorage or mechanical attachments
shall be installed with sufficient mass and to a depth sufficient to prevent movement or
destruction by erosion, current or debris loading. A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied. Such certification
shall be provided to the official as set forth in Sec.3 1-3 10 and Sec.31-320.C.2.
4. Requirement for All New Construction and Substantial Improvements That fully enclosed areas
below the lowest floor 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: A minimum of two (2) openings
having a total net area of not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves or other coverings or
Drafters Note:Original text shown as"thus"Text changed from the original shown as"thus."
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devices; provided,that they permit the automatic entry and exit of floodwaters.
5. Manufactured Homes:
a. All manufactured homes shall be anchored to resist flotation, collapse or lateral
movement. Manufactured homes must be anchored in accordance with state and local
building codes and FEMA guidelines to minimize potential flood damage. In the event
that over-the-top frame ties to ground anchors are used, the following specific
requirements(or their equivalent)shall be met:
(1) Over-the-top ties shall be provided at each of the four (4) corners of the
manufactured home, with two (2) additional ties per side at intermediate
locations, and manufactured homes less than fifty (50) feet long requiring only
one additional tie per side•,
(2) Frame ties shall be provided at each corner of the home with five(5) additional
ties per side at intermediate points and manufactured homes less than fifty (50)
feet long requiring only four(4)additional ties per side;
(3) All components of the anchoring system shall be capable of carrying a force of
four thousand eight hundred(4,800)pounds; and
(4) Any additions to the manufactured home shall be similarly anchored
b. Require that all manufactured homes to be placed, replaced or substantially improved
within Zones Al-30 or AE on the community's FIRM, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above the base
flood elevations plus one foot; and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of subsection(a)of this section.
6. Accessory Structure: An accessory structure is a structure whose use is incidental, customary and
subordinate to the principal building on a lot and whose size and cost is small when compared to
the principal building.
a. A residential accessory structure shall fully comply with the specific standards for
residential construction as found in Section 31-320.C.1.
b. A nonresidential accessory structure shall fully comply with the specific standards for
nonresidential construction as found in Section 31-320.C.2.
7. Subterranean parking prohibited. A parking facility having a floor which is more than 6 feet
below grade is a subterranean parking facility and is prohibited in special flood hazard areas.
8. Recreational Vehicles. Recreational vehicles placed on sites within any designated flood hazard
area shall either be:
a. On the site for fewer than 180 consecutive days and be fully licensed and ready for
highway use (defined highway ready if it is on its wheels orjacking system, is attached to
the site only by quick-disconnect type utilities and security devices, and has no
permanently attached additions);or
b. Meet the permitting, elevating, and anchoring requirements for manufactured homes
listed in this ordinance.
D. Floodways. Located within areas of special flood hazard established in this article 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:
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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1. The community shall select and adopt a reeulatory floodwav based on the principle that the
area chosen for the regulatory floodwav must be designed to carry the waters of the base
flood without increasing the water surface elevation of that flood more than one foot at anv
point.
2. The community shall prohibit any encroachments, including fill new construction
substantial- improvements, and other development within the adopted regulatory floodwav
unless it has been demonstrated through hydrologic and hvdraulic 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.
3. If the provisions of Section 31-320.D.2 are satisfied, all new construction and substantial-
improvements shall comply with all applicable flood hazard reduction provisions in this
article.
4. In unnumbered A zones,the community shall obtain,review,and reasonably utilize any base
flood elevation or floodwav data currently available from Federal State or other sources as
set forth in this article.
Loeated-with,�,,ine areas of.speeial4lood I -d ---b l-had in c----° -. ann -Fe area- designated as fleed
ways. S-lflfe-t132 I9ed-way s-an-ehtf-e lely-hazafdoas-a,ca due`�' e -elseib,, of floed••^ter % rca,:..l. �
debris;potential-pre�eetiles'and ores en pel «.: 1�^�a gie Following
I. Prohibit ..plime„t� el don, 4:11 ems.-censavE{i mems and-etheF
b
developments unless., certification by a fegisteFed l efe al engineeF e. afGhiteCt is pF8Vi
denionstfati«,that encroachments t Fe It:. any iiiefease in Fl«ea levels dtifing, F enee
of tnche h-oa�,n�flood discharge.
2. 1r`.subsevnea- °E4(rj-abwle issatisfied, all new consu aetlan-af!d substantial improvements shall
eom«Iy with all .. plieabl Fl ed-hazaFl Fednft on-provisions of Section q 1 110
in Zone A 1 ins i r mbered el and-Feasi mabi. Vi
through
fede ai state «rothe«sources-^.-uuh Sc n4-b)(4) of this section in meeting th
e--St3HdaEdS-Bf-thi$
seet-lenT
E. Shallow flooding.
1. In any AO Zone shown on the FIRM, all new construction and substantial improvements of
residential structures shall have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the FIRM plus one foot(at
least three feet if no depth number is specified).
2. In any AO Zone shown on the FIRM, all new construction and substantial improvements of non-
residential structures shall (i) have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in feet on the FIRM plus one
foot(at least three feet if no depth number is specified), or (ii) together with attendant utility and
sanitary facilities be completely floodproofed to that level to meet the floodproofing standard
specified in Section 31-320.C.2.
3. All structures located in Zone AH or Zone AO as shown on the FIRM, shall have adequate
drainage paths around the structure on slopes, to guide floodwaters around and away from the
proposed structure.
(Ord.No. 10796, §2,3-16-87)
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Sec.31-321.Provisions for Flood Hazard Reduction.
A. No permit for floodolain 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.
B. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-vear
flood; however,the base flood elevation is not provided. Development within unnumbered A zones is
subject to all provisions of this ordinance. If Flood Insurance Study data is not available,_the
community shall obtain, review, and reasonably utilize anv base flood elevation or floodwav data
currently available from Federal,State,or other sources.
C. Until a floodwav is designated, no new construction, substantial improvements, or other
development, including 611, 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 foot at anv point within the community.
D. All new construction, subdivision proposals, substantial-improvements, prefabricated structures,
placement of manufactured homes,and other developments shall require:
1. 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;
2. Construction with materials resistant to flood damage;
3. Utilization of methods and practices that minimize flood damages;
4. 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;
5. 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 discbarges from the
systems into flood waters, and on-site waste disposal systems be located so as to avoid
impairment or contamination; and
6. Subdivision proposals and other proposed new development, including manufactured home
parks or subdivisions, located witbin special flood hazard areas are required to assure that:
a. All such proposals are consistent with the need to minimize flood damage;
b. All public utilities and facilities such as sewer,gas electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
C. Adequate drainage is provided so as to reduce exposure to flood hazards; and
d. 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.
E. Storage, Material,and Equipment
Drafters Note:Original text shown as"thus:'Text changed from the original shown as"thus."
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a. The storage or processing of materials within the special flood hazard area that are in time
of flooding buoyant, flammable, explosive, or could be incurious to human, animal, or plant
life is prohibited.
b. 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
F. 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 400 square feet, may be constructed at-
grade and wet-flood proofed 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 ordinance; and a floodplain development permit has been issued.
time available after a flood warning.
G. Nonconforming Use
A structure, or the use of a structure or premises that was lawful before the passage or amendment
of the ordinance, but which is not in conformity with the provisions of this ordinance, may be
continued subject to the following conditions:
1. If such structure, use, or utility service is discontinued for twelve (12) consecutive months,
any future use of the building shall conform to this ordinance.
2. If any nonconforming use or structure is destroyed by anv means, including flood, it shall
not be reconstructed if the cost is more than 50 percent of the pre-damaged 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.
Sec.31-322. 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 this article,the following provisions are required:
A. 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 base flood elevation.
B. Non-Residential Construction. New construction or substantial-improvement of anv 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 hvdrostatic and hydrodynamic loads and
effects of buovancv. A registered professional engineer or architect shall certifv that the
standards of this subsection are satisfied. Such certification shall be provided to the F000dplain
Administrator as set forth in this article.
C. 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
Drafters Note: Original text shown as"thus."Text changed from the original shown as"thus."
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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 openings having a total net area of not less than one 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 foot above grade. Openings may be
equipped with screens, louvers, valves, or other coverings or devices provided that thev
permit the automatic entry and exit of floodwaters.
D. Require that recreational vehicles placed on sites within all unnumbered and numbered A zones and
AC zones on the community's FIRM either:
1. Be on the site for fewer than 180 consecutive days,
2. Be fully licensed and readv for highway use,or
3. Meet the permitting, elevation, and the anchoring requirements for manufactured homes
of this article.
4. A recreational vehicle is readv 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.
Sec.31-330. Nonconforming use.
A. A structure or the use of a structure or premises which was lawful before the passage or amendment of the
original Flood Hazard Ordinance, but which is not in conformity with the provisions of this article, may be
continued subject to the following conditions:
I. If such use is discontinued for twelve (12) consecutive months, any future use of the building
premises shall conform to this article.
2. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as
nonconforming uses.
B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the
damage occurred, except that if it is reconstructed in conformity with the provisions of this article. This
limitation does not include the cost of any alteration to comply with existing state or local health, sanitary,
building, or safety codes or regulations or the cost of any alteration of a structure listed on the National
Register of Historic Places or a state inventory of historic places.
(Ord.No. 10796, §27 3-16-87)
Sec.31-340. Amendments.
A. The regulations, restrictions and/or boundaries set forth in this article 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 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 of Jefferson,
Missouri.
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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B. 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 article are in compliance with the National Flood Insurance Program(NFIP) regulations.
(Ord.No. 10796, §2, 3-16-87)
See.31-350. Authority.
These regulations are in accordance with those sections of the Revised Statutes of the State of Missouri
which permit cities to adopt codes and ordinances designed to promote the public health, safety and general welfare
of its citizenry. The regulations of this article are in compliance with the National Flood Insurance Program
Regulations as published in Title 44 of the Code of Federal Regulations.
(Ord. No. 10796, § 2,3-16-87)
See.31-360.Validity.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The council of
the City of Jefferson hereby declares that it would have passed this article and each section, subsection, sentence,
clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
(Ord.No. 10796, § 13-16-87; Ord.No. 11980, § I, 10-4-93)
Sec.31-361. Severability.
If any section clause provision or portion of this article is adjudged unconstitutional or invalid by a court of
appropriate jurisdiction,the remainder of this ordinance shall not be affected thereby.
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval. q
Passed: , L4 , Approved: f�/
Presiding Office / Mayor
ATTEST: APPRO ED AS TO FORM:
J
City Clerk City Counselor
Drafters Note:Original text shown as"thus."Text changed from the original shown as"thus."
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