Shrewsbury City Zoning Code
CHAPTER 445
Storm Water Management, Grading and Erosion
Section 445.010 Purpose.
[Ord. No. 2444 §2, 10-10-2005]
A.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat.
B.
Construction activities also utilize materials and generate wastes, which if not properly controlled can pollute receiving waters.
C.
The purpose of this Chapter is to safeguard persons, protect property and prevent damage to the environment in Shrewsbury. This Chapter will also promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any significant development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Shrewsbury.
Section 445.020 Definitions.
[Ord. No. 2444 §2, 10-10-2005]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and land disturbance activities.
Any activity that removes the vegetative surface cover.
A parcel of land, or a contiguous combination thereof, where grading work is performed as part of a single unified plan of development.
Any channel that conveys surface runoff through a site.
The wearing away of land surface through the action of wind or water.
Any BMP that prevents or minimizes erosion.
Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions.
Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water.
The Missouri Department of Natural Resources.
The Metropolitan St. Louis Sewer District.
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed before the clearing of the next.
The fraction of total rainfall that will appear at the outfalls from a site.
Any BMP that prevents eroded sediment from leaving a site.
A permit issued by the municipality authorizing disturbance of the land at a specific site subject to conditions stated in the permit.
The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff and grading.
The first (1st) land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in storm water discharges associated with land disturbance activities, comply with the standards of Section 445.050 and Section 445.060 of the Shrewsbury City Code and ensure compliance with the terms and conditions of the applicable State permits, including adherence to the land disturbance program contained in the Missouri DNR issued MS4 NPDES permit.
A natural or artificial channel or body of water including, but not limited to, lakes, ponds, rivers, streams, ditches and other open conveyances that carry surface runoff water either continuously or intermittently.
Section 445.030 Permits.
[Ord. No. 2444 §2, 10-10-2005]
A.
Any person who intends to conduct any land disturbance activity that will disturb forty-three thousand five hundred sixty (43,560) or more square feet or more must obtain a site disturbance permit from both the State of Missouri and the City of Shrewsbury.
B.
Any person who buys a lot for construction from a person who has been issued a permit under Subsection (A) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from Shrewsbury unless the original permittee retains responsibility for the land disturbance activities on the sold lot.
D.
Each permit application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee.
E.
Each permit application shall be accompanied by a Storm Water Pollution Prevention Plan, prepared for the specific site by or under the direction of a qualified professional, and a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the Storm Water Pollution Prevention Plan.
F.
The permit applicant will be required to file with Shrewsbury a faithful performance bond, letter of credit or other improvement security in an amount deemed sufficient by Shrewsbury to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by Shrewsbury and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
G.
The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any site where one (1) acre or more of land will be disturbed before beginning any site work authorized by a City permit. This requirement applies to sites of less than one (1) acre that are part of a larger common plan that will ultimately disturb one (1) acre or more.
Section 445.040 Storm Water Pollution Prevention Plan (SWPPP).
[Ord. No. 2444 §2, 10-10-2005]
A.
The design requirements in Section 445.050, General Site Design Requirements, shall be taken into consideration when developing the Storm Water Pollution Prevention Plan and the plan shall include the following:
1.
Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in overall responsible charge of construction/development activities at the site.
2.
Site address or location description.
3.
A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of temporary and permanent BMPs and such other information as the City of Shrewsbury Building Department may require.
4.
Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed grading and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting.
5.
An estimate of the runoff coefficient of the site prior to disturbance and the runoff coefficient after the construction addressed in the permit application is completed.
6.
Estimated grading quantity.
7.
Details of the site drainage pattern both before and after major grading activities.
8.
Construction access to site.
9.
Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance.
10.
Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic or hazardous substances, petroleum products, pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of construction and land disturbance.
11.
Description of BMPs that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed.
12.
Location of temporary off-street parking and wash down area for related vehicles.
13.
Sources of off-site borrow material or spoil sites and all information relative to haul routes, trucks and equipment.
14.
The anticipated sequence of construction and land disturbance activities, including installation of BMPs, removal of temporary BMPs, stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; and final grading and landscaping. Sequencing shall identify the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation.
15.
All erosion and sediment control measures necessary to meet the objectives of this Chapter throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
16.
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.
17.
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
18.
Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the Building Department.
19.
Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all BMPs are continually implemented and are effective.
B.
The permittee shall amend the Storm Water Pollution Prevention Plan whenever:
1.
Design, operation or maintenance of BMPs is changed;
2.
Design of the construction project is changed that could significantly affect the quality of the storm water discharges;
3.
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
4.
Inspections by the Building Department, MSD or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP;
5.
The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes;
6.
The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality;
7.
Total settleable solids from a storm water outfall exceeds one-half (0.5) ml/L/hr if the discharge is within the prescribed proximity of a "Valuable Resource Water" as defined by the MDNR;
8.
Total settleable solids from a storm water outfall exceeds two and one-half (2.5) ml/L/hr for any other outfall; or
9.
MSD or the Missouri Department of Natural Resources determines whether violations of water quality standards may occur or have occurred.
C.
The permittee shall:
1.
Notify all contractors and other entities (including utility crews, City employees or their agents) that will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP;
2.
Determine the need for and establish training programs to ensure that all site workers have been trained, as a minimum, in erosion control, material handling and storage and housekeeping;
3.
Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP; and
4.
Maintain a current copy of the SWPPP on the site at all times.
Section 445.050 General Site Design Requirements.
[Ord. No. 2444 §2, 10-10-2005]
A.
Grading, erosion control practices, sediment control practices and watercourse crossings shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Building Department.
B.
Cut and fill slopes shall be no greater than three to one (3:1), except as approved by the Building Department to meet other community or environmental objectives.
C.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other provisions of the Shrewsbury City Code and in compliance with State and Federal regulations.
D.
Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical to the satisfaction of the Building Department.
E.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
F.
Phasing shall be required on all sites disturbing greater than thirty (30) acres with the size of each phase to be established at plan review and as approved by the Building Department.
G.
Erosion control requirements shall include the following:
1.
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
2.
If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the Building Department may require the site to be reseeded or a non-vegetative option employed.
3.
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
4.
Soil stockpiles must be stabilized or covered at the end of each workday.
5.
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
6.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
7.
Techniques shall be employed to divert upland runoff past disturbed slopes.
H.
Sediment control requirements shall include:
1.
Settling basins, sediment traps or tanks and perimeter controls.
2.
Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one (1) time and shall be sized to contain five-tenths (0.5) inch of sediment from the drainage area and be able to contain a 2-year, 24-hour storm. If the provision of a basin of this size is impractical, other similarly effective BMPs, as evaluated and specified in the SWPPP, shall be provided.
3.
Settling basins shall be designed in a manner that allows adaptation to provide long-term storm water management as required by the Building Department.
4.
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
5.
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
I.
Watercourse protection requirements shall include:
1.
Encroachment into or crossings of active watercourses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where applicable, all local, State and Federal permits and approvals shall be provided to the Building Department prior to the issuance of a site disturbance permit.
2.
Stabilization of any watercourse channels before, during and after any in-channel work.
3.
If a defined watercourse is to be re-aligned or reconfigured, clearing and grubbing activities within fifty (50) feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be recontoured and revegetated, seeded or otherwise protected within five (5) working days after grading has ceased.
4.
All storm water conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District (MSD) and the City of Shrewsbury and the necessary MSD permits and Shrewsbury permits obtained.
5.
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
J.
Construction site access requirements shall include:
1.
A temporary access road provided at all sites including a wash-down area supporting all active sites,
2.
Other measures required by the Building Department in order to ensure that construction vehicles do not track sediment onto public streets or washed with wash effluent channeled directly into storm drains.
K.
Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions satisfactory to the Building Department for:
1.
Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water.
2.
Collection and disposal of discarded building materials and other construction site wastes, including those listed in Subsection (I)(1) above.
3.
Litter control.
4.
Control of concrete truck washouts.
5.
Assurance that on-site fueling facilities will adhere to applicable Federal and State regulations concerning storage and dispensers.
6.
Provision of sufficient temporary toilet facilities to serve the number of workers on site.
Section 445.060 Storm Water Design Standards.
[Ord. No. 2444 §2, 10-10-2005]
A.
General Standards.
1.
The rate of imperviousness shall be determined by ratios of five percent (5%) to one hundred percent (100%) impervious areas in accordance with Table A.
2.
Differential runoff rates for all categories of projects shall be evaluated by the Rational Formula. The 25-year frequency, twenty (20) minute duration, inlet time runoff coefficients in Table A shall be used as the upper limit for evaluation.
B.
Review Considerations For Detention Facilities. In general, detention facilities shall be provided with obvious and effective control strategies. The following shall be considered in determining the effectiveness and safety of these facilities in relation to the intent and purpose of this Section:
1.
Volume of retention for the total project = Differential runoff rate x area of project x thirty (30) minutes x sixty (60) seconds/minute;
2.
Tributary (Q) peak runoff to basin;
3.
Balanced maximum outflow rate from the low-flow structures;
4.
Ratios of inflow to outflow rates;
5.
Sizing of the overflow facilities;
6.
Stability of retention dikes;
7.
Safety features;
8.
Maintenance features.
TABLE "A" AVERAGE C.I. FACTORS IN C.F.S. PER ACRE 20-MINUTES INLET TIME* | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Percent Impervious | C or P Factor | 0.5 Year | 1 Year | 2 Year | 5 Year | 10 Year | 20 Year | 25 Year | 50 Year | 100 Year |
5 | .37 | 0.70 | 0.92 | 1.15 | 1.41 | 1.59 | 1.78 | 2.00 | 2.18 | 2.37 |
10 | .39 | 0.74 | 0.97 | 1.21 | 1.49 | 1.68 | 1.88 | 2.11 | 2.30 | 2.50 |
15 | .41 | 0.77 | 1.02 | 1.27 | 1.56 | 1.76 | 1.97 | 2.21 | 2.42 | 2.62 |
20 | .435 | 0.82 | 1.08 | 1.35 | 1.66 | 1.87 | 2.09 | 2.35 | 2.57 | 2.78 |
25 | .455 | 0.86 | 1.13 | 1.41 | 1.73 | 1.96 | 2.19 | 2.46 | 2.68 | 2.91 |
30 | .475 | 0.90 | 1.18 | 1.47 | 1.81 | 2.04 | 2.28 | 2.57 | 2.80 | 3.04 |
35 | .495 | 0.94 | 1.23 | 1.53 | 1.89 | 2.13 | 2.38 | 2.67 | 2.92 | 3.17 |
40 | .52 | 0.98 | 1.29 | 1.61 | 1.98 | 2.24 | 2.50 | 2.81 | 3.07 | 3.33 |
45 | .54 | 1.02 | 1.34 | 1.67 | 2.06 | 2.32 | 2.60 | 2.92 | 3.19 | 3.46 |
50 | .56 | 1.06 | 1.39 | 1.74 | 2.13 | 2.41 | 2.69 | 3.02 | 3.30 | 3.58 |
55 | .58 | 1.10 | 1.44 | 1.80 | 2.21 | 2.49 | 2.79 | 3.13 | 3.42 | 3.71 |
60 | .60 | 1.13 | 1.49 | 1.86 | 2.29 | 2.58 | 2.89 | 3.24 | 3.54 | 3.84 |
65 | .625 | 1.18 | 1.55 | 1.94 | 2.38 | 2.69 | 3.01 | 3.38 | 3.69 | 4.00 |
70 | .645 | 1.22 | 1.60 | 2.00 | 2.46 | 2.77 | 3.10 | 3.48 | 3.81 | 4.13 |
75 | .665 | 1.26 | 1.65 | 2.06 | 2.53 | 2.86 | 3.20 | 3.59 | 3.92 | 4.26 |
80 | .685 | 1.29 | 1.70 | 2.12 | 2.61 | 2.95 | 3.29 | 3.7 | 4.04 | 4.38 |
85 | 0.705 | 1.33 | 1.75 | 2.19 | 2.69 | 3.03 | 3.39 | 3.81 | 4.16 | 4.51 |
90 | 0.73 | 1.38 | 1.81 | 2.26 | 2.78 | 3.14 | 3.51 | 3.94 | 4.31 | 4.67 |
95 | 0.75 | 1.42 | 1.86 | 2.33 | 2.86 | 3.23 | 3.61 | 4.05 | 4.43 | 4.8 |
100 | 0.77 | 1.46 | 1.91 | 2.39 | 2.93 | 3.31 | 3.7 | 4.16 | 4.54 | 4.93 |
Rainfall: In inches per hour | 1.9 | 2.48 | 3.1 | 3.8 | 4.3 | 4.8 | 5.4 | 5.9 | 6.4 | |
C.
Open Dry Reservoirs.
1.
Wet weather ponds or dry reservoirs shall be designed with proper safety, stability and ease of maintenance features and shall not detain storm water to a depth greater than four (4) feet. Depths greater than four (4) feet can be detained provided that the reservoir is surrounded by a chain link (or approved equal) fence and locked gate.
2.
Maximum side slopes for grass-edged reservoirs shall not exceed one (1) foot vertical for two (2) feet horizontal two to one (2:1) unless adequate measures are included to provide for the stability of these slopes.
3.
In no case shall the limits of maximum ponding elevation be closer than thirty (30) feet horizontally from any building and less than two (2) feet vertically below the lowest sill elevation.
4.
The entire reservoir area shall be seeded, fertilized and mulched, sodded or paved prior to release of escrows.
D.
Permanent Lakes Used For Detention.
1.
Permanent lakes with fluctuating volume controls may be used as retention areas provided that the limits of maximum ponding elevations are no closer than thirty (30) feet horizontally from any building and less than two (2) feet below the lowest sill elevation of any building.
2.
Maximum fluctuations from permanent pool elevation to maximum ponding elevation shall be three (3) feet.
3.
Special consideration shall be given to measures to ensure the safety of small children in the design of permanent lakes especially when located in residential areas.
E.
Discharge Systems.
1.
The design discharge (Q) for the low-flow orifice shall not exceed the limits in the following Table "B" (based on five percent (5%) imperviousness and twenty (20) minute inlet time):
2.
Low-flow pipes shall not be smaller than four (4) inches in diameter to minimize maintenance and operating problems, except in parking lot and roof retention where minimum size of opening shall be designed specifically for each condition.
3.
The overflow opening or spillway shall be designed to accept the total peak runoff of the improved tributary area with discharge velocity not to exceed five (5) feet per second unless special provisions are made.
4.
Proper engineering judgment shall be exercised in analysis of secondary routing of discharge of greater intensity than the design 25-year frequency in order to avoid economic losses or damage downstream. Review with 25- and 50-year frequency is recommended.
TABLE "B" | |
|---|---|
Storm Frequency Years | Maximum Discharge Rate In Cubic Feet Per Second (CFS) Per Acre |
0.5 | 0.7 |
1 | 0.92 |
2 | 1.15 |
5 | 1.41 |
10 | 1.59 |
20 | 1.78 |
25 | 2 |
The maximum discharge shall be designated to take place under total anticipated design-head conditions. |
5.
Sizing of the system below the control structure shall be for the total improved peak runoff tributary to the structure with no allowance for retention with discharge velocity not to exceed five (5) feet per second unless special provisions are made.
6.
Table "B" shall be used in determining the proper size of discharge facilities.
7.
All storm water discharge pipes shall be computed on a 25-year rainfall frequency at a minimum.
Section 445.070 Construction and Maintenance of Storm Water and Erosion Control Facilities.
[Ord. No. 2444 §2, 10-10-2005]
A.
Detention facilities, when mandatory, are to be built in conjunction with the storm sewer installation and/or grading. Since these facilities are intended to control increased runoff, they must be partially or fully operational soon after the clearing of the vegetation.
B.
Silt and debris connected both with early construction and with general erosion from the site and elsewhere in the watershed after construction shall be removed periodically from the detention area and control structure in order to maintain close to full storage capacity.
C.
The responsibility of maintenance of the detention facilities in subdivision projects shall remain with the developer until such times as applicable escrows are released. Upon release of escrows the maintenance responsibility shall be vested in the trustees of the subdivision by virtue of the trust indenture. The indenture of the trust shall clearly indicate resident responsibility for maintenance in cases of projects without common ground.
D.
The responsibility of maintenance of the detention facilities in single owner development projects shall remain with the general contractor until final inspection of the development is performed and approved and a legal certificate of occupancy is issued. After legal occupancy of the project, the maintenance of detention facilities shall be vested with the owner of the project.
Section 445.080 Inspections.
[Ord. No. 2444 §2, 10-10-2005]
A.
The Building Department shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the grading, erosion and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Building Department of Shrewsbury shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Building Department of Shrewsbury at least twenty-four (24) working hours before the following:
B.
The permittee or his/her agent shall make regular inspections of the land disturbance site, including all erosion and sediment and other pollutant control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved SWPPP. Inspections must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the Building Department of Shrewsbury at the time interval specified in the permit. The inspection reports are to include the following minimum information:
1.
Inspector's name, signature and contact phone number;
2.
Date/time of inspection;
3.
Observations relative to the effectiveness of the BMPs;
4.
Actions taken or necessary to correct deficiencies; and
5.
A listing of areas where land disturbance operations have permanently or temporarily stopped.
In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7) calendar days of the weekly inspection report.
C.
The Building Department shall make inspections as deemed necessary to ensure the validity of the reports filed under Subsection (B) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures.
Section 445.090 Enforcement.
[Ord. No. 2444 §2, 10-10-2005]
A.
Stop-Work Order—Revocation Of Permit. In the event that any person holding a site disturbance permit pursuant to this Chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Building Department may suspend or revoke the site disturbance permit.
B.
Violation And Penalties.
1.
No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or cause the same to be done, contrary to or in violation of any terms of this Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this Chapter is committed, continued or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished in accordance with Title I, Section 100.090 of the Shrewsbury City Code for each offense. In addition to any other penalty authorized by this Section, any person, partnership or corporation convicted of violating any of the provisions of this Chapter shall be required to bear the expense of such restoration.
C.
Project Closure Requirements. Any site development escrows or bonds will not be fully released to the site operator or permittee until all of the following have been completed:
Section 445.100 Findings and Purposes.
[Ord. No. 2533 §1, 3-11-2008]
A.
Findings. Whereas, the Board of Aldermen of Shrewsbury finds that buffers adjacent to streams provide numerous benefits including:
1.
Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources.
2.
Removing pollutants delivered in urban stormwater.
3.
Reducing erosion and controlling sedimentation.
4.
Protecting and stabilizing stream banks.
5.
Providing for infiltration of stormwater runoff.
6.
Maintaining base flow of streams.
7.
Contributing organic matter that is a source of food and energy for the aquatic ecosystem.
8.
Providing tree canopy to shade streams and promote desirable aquatic habitat.
9.
Providing riparian wildlife habitat.
10.
Furnishing scenic value and recreational opportunity.
11.
Providing opportunities for the protection and restoration of greenspace.
B.
Purposes. The purpose of this Article is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:
Section 445.110 Definitions.
[Ord. No. 2533 §2, 3-11-2008]
As used in this Article, the following terms shall have these prescribed meanings:
With respect to a stream, a natural or enhanced vegetated area (established by Section 445.130(A)(1) below) lying adjacent to the stream.
Any land area susceptible to flooding which would have at least a one percent (1%) probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.
Any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.
Those actions or activities which comprise, facilitate or result in land development.
Any land or vegetation change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land that do not involve construction, paving or any other installation of impervious cover.
Those actions or activities which comprise, facilitate or result in land disturbance.
Any plot, lot or acreage shown as a unit on the latest County tax assessment records.
The permit issued by the City of Shrewsbury required for undertaking any land development activity.
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, City, County or other political subdivision of the State, any interstate body or any other legal entity.
With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.
Belonging or related to the bank of a river, stream, lake, pond or impoundment.
With respect to a stream, the area established by Section 445.130(A)(2) extending beyond any buffer applicable to the stream.
Any stream, beginning at:
The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the "ordinary high water mark" as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
The portion of a watercourse that contains the base flow of the stream.
Section 445.120 Applicability.
[Ord. No. 2533 §3, 3-11-2008]
A.
This Article shall apply to all land development activity on property containing a stream protection area as defined in Section 445.110 of this Code. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or floodplain requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations.
1.
Grandfather provisions. This Article shall not apply to the following activities:
a.
Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Article.
b.
Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.
c.
Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this Article.
d.
Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Article.
2.
Exemptions. The following specific activities are exempt from this Article. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.
a.
Activities for the purpose of building one (1) of the following:
(1)
A stream crossing by a driveway, transportation route or utility line;
(2)
Public water supply intake or public wastewater structures or stormwater outfalls;
(3)
Intrusions necessary to provide access to a property;
(4)
Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;
(5)
Unpaved foot trails and paths;
(6)
Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.
b.
Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Subsection (A)(2)(a) above.
c.
Land development activities within a right-of-way existing at the time this Article takes effect or approved under the terms of this Article.
d.
Within an easement of any utility existing at the time this Article takes effect or approved under the terms of this Article, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures.
e.
Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the City of Shrewsbury on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the City of Shrewsbury to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
f.
Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer.
g.
Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources.
B.
After the effective date of this Article, it shall apply to new subdividing and platting activities.
C.
Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 445.130(B) below.
Section 445.130 Land Development Requirements.
[Ord. No. 2533 §4, 3-11-2008]
A.
Buffer And Setback Requirements. All land development activity subject to this Article shall meet the following requirements:
1.
For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this Article, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
2.
An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.
3.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
B.
Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:
1.
Where a parcel was platted prior to the effective date of this Article and its shape, topography or other existing physical condition prevents land development consistent with this Article, and the Board of Aldermen finds and determines that the requirements of this Article prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of Shrewsbury may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.
2.
Except as provided above, the Board of Adjustment of Shrewsbury shall grant no variance from any provision of this Article without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City of Shrewsbury shall give public notice of each such public hearing in a newspaper of general circulation within Shrewsbury. The City of Shrewsbury shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.
Variances will be considered only in the following cases:
a.
When a property's shape, topography or other physical conditions existing at the time of the adoption of this Article prevents land development unless a buffer variance is granted.
b.
Unusual circumstances when strict adherence to the minimal buffer requirements in the Article would create an extreme hardship.
Variances will not be considered when, following adoption of this Article, actions of any property owner of a given property have created conditions of a hardship on that property. |
3.
At a minimum, a variance request shall include the following information:
a.
A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features as determined by field survey;
b.
A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
c.
A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;
d.
Documentation of unusual hardship should the buffer be maintained;
e.
At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;
f.
A calculation of the total area and length of the proposed intrusion;
g.
A stormwater management site plan, if applicable; and
h.
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.
4.
The following factors will be considered in determining whether to issue a variance:
a.
The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b.
The locations of all streams on the property, including along property boundaries;
c.
The location and extent of the proposed buffer or setback intrusion; and
d.
Whether alternative designs are possible which require less intrusion or no intrusion;
e.
The long-term and construction water-quality impacts of the proposed variance;
f.
Whether issuance of the variance is at least as protective of natural resources and the environment.
Section 445.140 Compatibility With Other Regulations and Requirements.
[Ord. No. 2533 §5, 3-11-2008]
This Article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law. The requirements of this Article should be considered minimum requirements, and where any provision of this Article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
Section 445.150 Additional Information Requirements For Development On Buffer Zone Properties.
[Ord. No. 2533 §6, 3-11-2008]
A.
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
1.
A site plan showing:
a.
The location of all streams on the property;
b.
Limits of required stream buffers and setbacks on the property;
c.
Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;
d.
Delineation of forested and open areas in the buffer zone; and
e.
Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;
2.
A description of all proposed land development within the buffer and setback; and
3.
Any other documentation that the City of Shrewsbury may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process.
B.
All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Stream Buffer Protection Ordinance City of Shrewsbury Ordinance Number 2533."
Section 445.160 Responsibility.
[Ord. No. 2533 §7, 3-11-2008]
Neither the issuance of a development permit nor compliance with the conditions thereof nor with the provisions of this Article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Shrewsbury, its officers or employees for injury or damage to persons or property.
Section 445.170 Inspection.
[Ord. No. 2533 §8, 3-11-2008]
A.
The Board of Aldermen may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City of Shrewsbury in making such inspections. The City of Shrewsbury shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Article and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.
B.
No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.
Section 445.180 Violations, Enforcement and Penalties.
[Ord. No. 2533 §9, 3-11-2008]
A.
Any action or inaction which violates the provisions of this Article or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
1.
Notice of violation. If the City of Shrewsbury determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Article without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
The notice of violation shall contain:
a.
The name and address of the owner or the applicant or the responsible person;
b.
The address or other description of the site upon which the violation is occurring;
c.
A statement specifying the nature of the violation;
d.
A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Article and the date for the completion of such remedial action;
e.
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
f.
A statement that the determination of violation may be appealed to the Board of Aldermen by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient).
2.
Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City of Shrewsbury shall first notify the applicant or other responsible person in writing of its intended action and shall provide a reasonable opportunity of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City of Shrewsbury may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties.
a.
Stop work order. The City of Shrewsbury may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.
b.
Withhold certificate of occupancy. The City of Shrewsbury may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
c.
Suspension, revocation or modification of permit. The City of Shrewsbury may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the City of Shrewsbury may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
d.
Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Board of Aldermen shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the City of Shrewsbury has taken one (1) or more of the actions described above, the City of Shrewsbury may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
e.
Criminal penalties. For intentional and flagrant violations of this Article, the City of Shrewsbury may issue a citation to the applicant or other responsible person, requiring such person to appear in City of Shrewsbury Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
Section 445.190 Administrative Appeal and Judicial Review.
[Ord. No. 2533 §10, 3-11-2008]
A.
Administrative Appeal. Any person aggrieved by a decision or order of the City of Shrewsbury may appeal in writing within ten (10) days after the issuance of such decision or order to the City Administrator of Shrewsbury and shall be entitled to a hearing before the Board of Adjustment of the City of Shrewsbury within thirty (30) days of receipt of the written appeal.
B.
Judicial Review. Any person aggrieved by a decision or order of the City of Shrewsbury, after exhausting all administrative remedies, shall have the right to appeal de novo to the Circuit Court of St. Louis County.
Section 445.200 Enforcement.
[Ord. No. 2536 §1, 3-11-2008]
The City of Shrewsbury is hereby authorized to enforce regulations and requirements outlined in the stream protection through use of stream buffers for water quality management Ordinance No. 2533.
Section 445.210 Statutory Authorization, Findings of Fact and Purposes.
[Ord. No. 2798 §1, 1-13-2015]
A.
Statutory Authorization. The Legislature of the State of Missouri has, in RSMo., Section 79.110, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Board of Aldermen of the City of Shrewsbury, Missouri, ordains as follows:
B.
Findings Of Fact.
1.
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Shrewsbury, 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:
3.
Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this chapter uses a standard engineering method of analyzing flood hazards which consists 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 chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to have a one-percent chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County dated February 4, 2015, as amended, and any future revisions thereto.
b.
Calculation of water surface profiles is based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.
C.
Statement Of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare; to minimize those losses described in Section 445.210(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(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this chapter 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;
2.
Require that 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.
Section 445.220 General Provisions.
[Ord. No. 2798 §1, 1-13-2015]
A.
Lands To Which Chapter Applies. This chapter shall apply to all lands within the jurisdiction of the City of Shrewsbury, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on Map Panels 29189C0327K and 29189C0329K, dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Section 445.240.
B.
Floodplain Administrator. The Director of Administration, or his/her designee, is hereby designated as the floodplain administrator under this chapter.
C.
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 chapter and other applicable regulations.
D.
Abrogation And Greater Restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
E.
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
F.
Warning And Disclaimer Of Liability. The degree of flood protection required by this chapter 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 jams and bridge openings restricted by debris. This chapter 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 chapter shall not create a liability on the part of the City of Shrewsbury, or any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
G.
Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this chapter shall not be affected thereby.
Section 445.230 Administration.
[Ord. No. 2798 §1, 1-13-2015]
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, in the areas described in Section 445.220(A). 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.
Designation Of Floodplain Administrator. The Director of Administration or his/her designee is hereby appointed to administer and implement the provisions of this chapter.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of the floodplain administration, or his/her designee, shall include, but not be limited to:
1.
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;
2.
Review of all applications for floodplain development permits 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;
3.
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;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the Missouri State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation to mean sea level) to which new or substantially improved non-residential structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a registered professional engineer or architect.
D.
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:
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 a 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 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.
Section 445.240 Provisions for Flood Hazard Reduction.
[Ord. No. 2798 §1, 1-13-2015]
A.
General Standards.
1.
No permit for floodplain 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.
2.
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the one-hundred-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this chapter. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3.
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, 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 (1) foot at any point within the community.
4.
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments within any numbered A Zone or AE Zone on the FIRM shall require:
a.
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;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
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;
e.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1)
All such proposals are consistent with the need to minimize flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4)
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.
5.
Storage, material, and equipment.
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 injurious 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 time available after a flood warning.
6.
Nonconforming use. A structure, or the use of a structure or premises, that was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this chapter, may be continued, subject to the following conditions:
a.
If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this chapter.
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 percent (50%) 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, or 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 a local inventory of historic places upon determination.
B.
Specific Standards.
1.
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 Section 445.240(A)(2), 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 the base flood elevation.
b.
Non-residential construction. New construction or substantial improvement of any 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 hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in Section 445.230(C)(9).
c.
Require, for all new construction and substantial improvements, that fully enclosed areas below the 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 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 (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
(2)
The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the community's FIRM on sites: outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the community's FIRM, that are not subject to the provisions of Section 445.240(C)(2) of this chapter, be elevated so that either:
a.
The lowest floor of the manufactured home is at one (1) foot above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and is securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
D.
Floodway. Located within areas of special flood hazard established in Section 445.220(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic 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 Section 445.240(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of these regulations.
4.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section 445.240(A)(2).
E.
Recreational Vehicles.
1.
Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use*; or
b.
Meet the permitting, elevation, and anchoring requirements for manufactured homes of this chapter.
* recreational vehicle is ready 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. | ||
Section 445.250 Floodplain Management Variance Procedures.
[Ord. No. 2798 §1, 1-13-2015]
A.
Establishment Of Appeal Board. The Board of Adjustment as established by the City of Shrewsbury shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter.
B.
Responsibility Of Appeal Board.
1.
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 Adjustment, as defined in Section 445.250(A).
2.
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 chapter.
C.
Further Appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the St. Louis County Circuit Court as provided in RSMo., Section 89.110.
D.
Floodplain Management Variance Criteria. 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 chapter, and the following criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury of others;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flood damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11.
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; streets; and bridges.
E.
Conditions For Approving Floodplain Management Variances.
1.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection (E)(2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) 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 a 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, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
6.
Notification.
a.
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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2)
Such construction below the base flood level increases risks to life and property.
b.
Such notification shall be maintained with the record of all variance actions as required by this chapter.
Section 445.260 Penalties for Violation.
[Ord. No. 2798 §1, 1-13-2015]
Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties set forth in Section 100.090 of this Code. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Shrewsbury or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 445.270 Amendments.
[Ord. No. 2798 §1, 1-13-2015]
The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Shrewsbury, and at least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this chapter are in compliance with the National Flood Insurance Program (NFIP) regulations.
Section 445.280 Definitions.
[Ord. No. 2798 §1, 1-13-2015]
A. ACCESSORY STRUCTURE ACTUARIAL RATES ADMINISTRATOR AGENCY AGRICULTURAL COMMODITIES AGRICULTURAL STRUCTURE APPEAL APPURTENANT STRUCTURE AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASEMENT BUILDING CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL COMMUNITY DEVELOPMENT ELEVATED BUILDING ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY EXISTING CONSTRUCTION EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD ELEVATION DETERMINATION FLOOD ELEVATION STUDY FLOOD FRINGE FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODPLAIN MANAGEMENT FLOODPLAIN MANAGEMENT REGULATIONS FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODWAY ENCROACHMENT LINES FLOODWAY or REGULATORY FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE1. 2. 3. 4. LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MAP MARKET VALUE or FAIR MARKET VALUE MEAN SEA LEVEL NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION NFIP ONE-HUNDRED-YEAR FLOOD PARTICIPATING COMMUNITY PERSON PRINCIPALLY ABOVE GROUND RECREATIONAL VEHICLE1. 2. 3. 4. REMEDY A VIOLATION REPETITIVE LOSS RISK PREMIUM RATES SPECIAL FLOOD HAZARD AREA SPECIAL HAZARD AREA START OF CONSTRUCTION STATE COORDINATING AGENCY STRUCTURE SUBSTANTIAL DAMAGE1. 2. 3. a. b. c. SUBSTANTIAL IMPROVEMENT1. 2. a. b. c. SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS VARIANCE VIOLATION WATER SURFACE ELEVATION
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meanings they have in common usage and to give this chapter its most reasonable application.
The same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.
A request for review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or exceeded in any given year.
Any area of the structure having its floor subgrade (below ground level) on all sides.
See "structure."
The official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.
Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
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.
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines but still subject to inundation by the regulatory flood.
An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
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.
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.
Any land area susceptible to being inundated by water from any source (see "flooding").
Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
The lines marking the limits of floodways on Federal, State and local floodplain maps.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
A factor of safety, usually expressed in feet above a flood level, for purposes of 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 bridge openings and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers but does not include long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this chapter.
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
See "base flood."
Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
To bring the structure or other development into compliance with Federal, State, or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
See "area of special flood hazard."
An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements was within one hundred eighty (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, or 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 any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
That agency of the State government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
For 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.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) 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 to:
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
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure; or
Any improvement to a building.
Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the 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:
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
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure; or
Any building that has been damaged from any source or is categorized as repetitive loss.
Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
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 community.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitudes and frequencies in the floodplain.