New Franklin Ordinance 805: Floodplain management

MODEL FLOODPLAIN MANAGEMENT ORDINANCE

60.3(d)

FEMA has provided a FIRM with base flood elevations and designated floodway

The following model ordinance pertains only to the Special Flood Hazard Areas (SFHAs) in a

community that participates in the Regular Program Phase of the National Flood Insurance Program

(rather than the Emergency Program Phase). It has been designed to meet minimum Federal

requirements as published in Missouri Executive Order 98-03.

Not all sections in this model ordinance may be applicable to a community that wishes to adopt a

floodplain management ordinance. Before adoption, this model ordinance should be thoroughly

studied by community officials, planning commissions, and the community's attorney, as to its

adequacy and suitability to the community's needs. This will ensure that the community's specific

floodplain management issues are governed in a reasonable manner without inflicting unnecessary

hardships on people living in flood-prone areas.

This model does not prohibit development in the special flood hazard areas. It does set forth minimum

performance standards for new construction or substantially improved structures. Communities may

apply stricter regulations than the minimum requirements. For assistance in tailoring this ordinance to

meet your community's specific needs, a Floodplain Management specialist at the Missouri State

Emergency Management Agency (MoSEMA) may be contacted at the following address:

Missouri State Emergency Management Agency

Floodplain Management Section

2302 Militia Drive

Jefferson City, Missouri 65101

FLOODPLAIN MANAGEMENT ORDINANCE

Pursuant to 44 CFR § 60.3(d)

Bill No._11-14-2022.

Ordinance No. 805

ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES

SECTION A. STATUTORY AUTHORIZATION

The Legislature of the State of Missouri has in RSMo 79.110 delegated the responsibility to local

governmental units to adopt floodplain management regulations designed to protect the health, safety,

and general welfare of the public. Therefore, the Board of Aldermen of the City of New Franklin,

Missouri, ordains as follows:

SECTION B. FINDINGS OF FACT

Flood Losses Resulting from Periodic Inundation

The special flood hazard areas of New Franklin, 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.

General Causes of the Flood Losses

These flood losses are caused by (1) the cumulative effect of development in any delineated

floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood

hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or

otherwise unprotected from flood damages.

3. Methods Used To Analyze Flood Hazards

The Flood Insurance Study (FIS) that is the basis of this ordinance uses a standard engineering

method of analyzing flood hazards, which consist of a series of interrelated steps.

a. Selection of a base flood that is based upon engineering calculations, which permit a

consideration of such flood factors as its expected frequency of occurrence, the area

inundated, and the depth of inundation. The base flood selected for this ordinance is

representative of large floods, which are characteristic of what can be expected to occur

on the particular streams subject to this ordinance. The base flood is the flood that is

estimated to have a one percent chance of being equaled or exceeded in any given year as

delineated on the Federal Insurance Administrator's FIS, and illustrative materials for

Howard County, dated March 21, 2017, as amended, and any future revisions thereto.

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b. Calculation of water surface profiles are based on a standard hydraulic engineering

analysis of the capacity of the stream channel and overbank areas to convey the

regulatory flood.

4. Computation of a floodway required to convey this flood without increasing flood heights more

than one (1) foot at any point.

Delineation of floodway encroachment lines within which no development is permitted that

would cause any increase in flood height.

6. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still

subject to inundation by the base flood.

SECTION C. STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare of the public;

to minimize those losses described in Article 1, Section B (1); to establish or maintain the community's

eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of

Federal Regulations (CFR) § 59.22(a) (3); and to meet the requirements of 44 CFR § 60.3(d) by

applying the provisions of this ordinance to:

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 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.

ARTICLE 2 GENERAL PROVISIONS

SECTION A. LANDS TO WHICH ORDINANCE APPLIES

This ordinance shall apply to all lands within the jurisdiction of the City of New Franklin, Missouri,

identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map

(FIRM) panel numbers 29089C0269E and 29089C0288E dated March 21, 2017, as amended, and any

future revisions thereto. In all areas covered by this ordinance, no development shall be permitted except

through the issuance of a 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 Article 4.

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SECTION B. COMPLIANCE

No development located within the special flood hazard areas of this community shall be located,

extended, converted, or structurally altered without full compliance with the terms of this ordinance and

other applicable regulations.

SECTION C. ABROGATION AND GREATER RESTRICTIONS

It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or

deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this

ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the

extent of the inconsistency only.

SECTION D. INTERPRETATION

In their interpretation and application, the provisions of this ordinance 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 Missouri statutes.

SECTION E. WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance 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 ordinance 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

ordinance shall not create a liability on the part of the City of New Franklin, any officer or employee

thereof,

for any flood damages that may result from reliance on this ordinance or any administrative

decision lawfully made thereunder.

SECTION F. SEVERABILITY

If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a

court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.

ARTICLE 3 ADMINISTRATION

SECTION A. FLOODPLAIN DEVELOPMENT PERMIT

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 Article 2, Section 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.

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SECTION B. DESIGNATION OF FLOODPLAIN ADMINISTRATOR

The Mayor is hereby appointed to administer and implement the provisions of this ordinance.

SECTION C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the floodplain administrator 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 ordinance

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

(MoSEMA) 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) that the 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 Missouri registered professional

engineer or architect.

SECTION 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:

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1. Describe the land on which the proposed work is to be done by lot, block and tract, house and

street address, or similar description that will readily identify and specifically locate the proposed

structure or work;

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 fair market value of the structure and the fair market value of the improvement;

Specify whether development is located in designated flood fringe or floodway;

6. Identify the existing base flood elevation and the elevation of the proposed development;

7. Give such other information as reasonably may be required by the floodplain administrator;

8. Be accompanied 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.

ARTICLE 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 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.

ri

All areas identified as unnumbered A zones on the FIRM are subject to inundation of the one

percent annual chance (aka 100-year) flood; however, the base flood elevation is not provided.

Development within unnumbered A zones is subject to all provisions of this ordinance. If Flood

Insurance Study data is not available, the community shall obtain, review, and reasonably utilize

any base flood elevation or floodway data currently available from Federal, State, or other

sources.

Until a floodway is designated, no new construction, substantial improvements, or other

development, including fill, shall be permitted within any numbered A zones or AE zones on the

community's FIRM, unless it is demonstrated that the cumulative effect of the proposed

development, when combined with all other existing and anticipated development, will not

increase the water surface elevation of the base flood more than one foot at any point within the

community.

4. All new construction, subdivision proposals, substantial-improvements, prefabricated structures,

placement of manufactured homes, and other developments shall require:

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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;

New or replacement water supply systems and/or sanitary sewage systems be designed to

minimize or eliminate infiltration of flood waters into the systems and discharges from

the systems into flood waters, 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, greater than fifty (50) lots or five (5) acres, 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 ordinance, but which is not in conformity with the provisions of this

ordinance, may be continued subject to the following conditions:

a. If such structure, use, or utility service is discontinued for twelve (12)_consecutive

months, any future use of the building shall conform to this ordinance.

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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 50 percent of the pre-damaged market value

of the structure. This limitation does not include the cost of any alteration to comply with

existing state or local health, sanitary, building, safety codes, regulations or the cost of

any alteration of a structure listed on the National Register of Historic Places, the State

Inventory of Historic Places, or local inventory of historic places upon determination.

7. Accessory Structures

Structures used solely for parking and limited storage purposes, not attached to any other

structure on the site, of limited investment value, and not larger than 400 square feet, may be

constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy

of the structure; the structure is of single-wall design; the accessory structure meets the following

floodplain management requirements; and a floodplain development permit has been issued.

Wet-floodproofing is only allowed for small low-cost structures.

8. Hazardous Materials

All hazardous material storage and handling sites shall be located out of the special flood hazard area.

9. Agricultural Structures

Structures used solely for agricultural purposes in connection with the production, harvesting,

storage, drying, or raising of agricultural commodities, including the raising of livestock, may be

constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy

of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or

manufacturing use included in the structure; the structure meets the following floodplain

management requirements; and a floodplain development permit has been issued

10. Critical Facilities

a. All new or substantially improved critical nonresidential facilities including, but not

limited, to governmental buildings, police stations, fire stations, hospitals, orphanages,

penal institutions, communication centers, water and sewer pumping stations, water and

sewer treatment facilities, transportation maintenance facilities, places of public

assembly, emergency aviation facilities, and schools shall be elevated above the 500-year

flood level or together with attendant utility and sanitary facilities, be floodproofed so

that below the 500-year flood level the structure is water tight with walls substantially

impermeable to the passage of water and with structural components having the

capability of resisting hydrostatic and hydrodynamic loads and the 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 the National Flood Insurance Program (NFIP) regulations.

b. All critical facilities shall have access routes that are above the elevation of the 500-year

flood.

c. No Critical facilities shall be constructed in any designated floodway.

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SECTION 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 Article 4, Section 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 two (2)

feet above base flood elevation. The elevation of the lowest floor shall be certified by a

Missouri licensed land surveyor, engineer, or architect.

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 two (2) feet 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 Missouri 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 Article 3,

Section C (7), (8), (9).

C. Enclosures Below Lowest Floor

Require, for all new construction and substantial-improvements that fully enclosed areas

below lowest floor used solely for parking of vehicles, building access, or storage in an

area other than a basement and that are subject to flooding shall be designed to

automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry

and exit of flood waters. 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 opening 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 flood waters.

SECTION 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

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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 manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

c. In an expansion to and existing manufactured home park or subdivision; or

d. 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 two (2) feet

above the base flood elevation and be securely attached to an adequately anchored

foundation system to resist flotation, collapse, and lateral movement. The elevation of the

lowest floor shall be certified by a Missouri licensed land surveyor, engineer, or architect.

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 Article 4, Section C(2)

of this ordinance, be elevated so that either:

a. the lowest floor of the manufactured home is at two (2) feet above the base flood level; or

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 be securely attached to an adequately anchored foundation

system to resist flotation, collapse, and lateral movement.

SECTION D. FLOODWAY

Located within areas of special flood hazard established in Article 2, Section A are areas designated as

floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that

carry debris and potential projectiles, the following provisions shall apply:

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.

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3. A community may permit encroachments within the adopted regulatory floodway that would

result in an increase in base flood elevations, provided that the community first applies for a

conditional FIRM and Floodway revision, fulfills the requirements of such revisions as

established under the provisions of 44 CFR § 65.12, and receives the approval of FEMA.

4. If Article 4, Section D (2) is satisfied, all new construction and substantial improvements shall

comply with all applicable flood hazard reduction provisions of Article 4.

5. 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 Article 4, Section A (2).

SECTION 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 180 consecutive days,

b. Be fully licensed and ready for highway use*; or

c. Meet the permitting, elevation, and anchoring requirements for manufactured homes

of this ordinance.

*A 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.

ARTICLE 5 FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

SECTION A. ESTABLISHMENT OF APPEAL BOARD

The Board of Aldermen as established by the City of New Franklin shall hear and decide appeals and

requests for variances from the floodplain management requirements of this ordinance.

SECTION B. RESPONSIBILITY OF APPEAL BOARD

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 appeal board, as defined in Article 5, Section

A. The appeal board 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 ordinance.

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SECTION C. FURTHER APPEALS

Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to

the Howard County Circuit Court as provided in RSMo 89.110.

SECTION D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the appeal board shall consider all technical data and

evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following

criteria:

1. Danger to life and property due to flood damage;

2. Danger that materials may be swept onto other lands to the injury of others;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such

damage on the individual owner;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations, not subject to flood damage, for the proposed use;

7. Compatibility of the proposed use with existing and anticipated development;

Relationship of the proposed use to the comprehensive plan and floodplain management program

for that area;

9. Safety of access to the property in times of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if

applicable, expected at the site; and,

11. 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.

SECTION 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 acre or less in size contiguous to and surrounded by lots with existing

structures constructed below the base flood level, providing items 2 through 6 below have been

fully considered. As the lot size increases beyond the one-half acre, the technical justification

required for issuing the variance increases.

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Variances may be issued for the repair or rehabilitation of structures listed on the National

Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic

places upon determination provided the proposed activity will not preclude the structure's

continued historic designation and the variance is the minimum necessary to preserve the historic

character and design of the structure.

3. Variances shall not be issued within any designated floodway if any increase in flood levels

during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary,

considering the flood hazard, to afford relief.

5. Variances shall only be issued upon: (a) a showing of good and sufficient cause, (b) a

determination that failure to grant the variance would result in exceptional hardship to the

applicant, and (c) a determination that the granting of a variance will not result in increased flood

heights, additional threats to public safety, extraordinary public expense, create nuisances, cause

fraud on or victimization of the public, or conflict with existing local laws or ordinances.

6. A community shall notify the applicant in writing over the signature of a community official that

(a) the issuance of a variance to construct a structure below base flood level will result in

increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of

insurance coverage and (b) such construction below the base flood level increases risks to life

and property. Such notification shall be maintained with the record of all variance actions as

required by this ordinance.

7. A community shall maintain a record of all variance actions, including justification for their

issuance.

8. Variances may be issued by a community for new construction and substantial improvements

and for other development necessary for the conduct of a functionally dependent use provided

that the criteria of items 1 through 5 of this section are met, and the structure or other

development is protected by methods that minimize flood damages during the base flood and

create no additional threats to public safety.

SECTION F: CONDITIONS FOR APPROVING VARIANCES OF ACCESSORY STRUCTURES

Any permit granted for an accessory structure shall be decided individually based on a case-by-case

analysis of the building's unique circumstances. Permits shall meet the following conditions.

In order to minimize flood damages during the one percent annual chance flood event, also referred to as

the 100-year flood and the threat to public health and safety, the following conditions shall be required

for any permit issued for accessory structures that are constructed at-grade and wet-floodproofed:

a. Use of the accessory structures must be solely for parking and limited storage purposes in any

special flood hazard area as identified on the community's Flood Insurance Rate Map (FIRM).

b. For any new or substantially damaged accessory structures, the exterior and interior building

components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring,

etc.) below the base flood elevation, must be built with flood-resistant materials in accordance

with Article 4, Section A (4)(b) of this ordinance.

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c. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral

movement of the structure in accordance with Article 4, Section A (4)(a) of this ordinance. All of

the building's structural components must be capable of resisting specific flood-related forces

including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

d. Any mechanical, electrical, or other utility equipment must be located 2 feet above the base flood

elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure

that is capable of resisting damage during flood conditions in accordance with Article 4, Section

A (4)(d) of this ordinance.

e. The accessory structures must meet all NFIP opening requirements. The NFIP requires that

enclosure or foundation walls, subject to the one percent annual chance flood event, also referred

to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood

waters in accordance with Article 4, Section B (1)(c) of this ordinance.

f. The accessory structures must comply with the floodplain management floodway encroachment

provisions of Article 4, Section D (2) of this ordinance. No permits may be issued for accessory

structures within any designated floodway, if any increase in flood levels would result during the

100-year flood.

g. Equipment, machinery, or other contents must be protected from any flood damage.

h. No disaster relief assistance under any program administered by any Federal agency shall be paid

for any repair or restoration costs of the accessory structures.

i. Wet-floodproofing construction techniques must be reviewed and approved by the community.

The community may request approval by a registered professional engineer or architect prior to

the issuance of any floodplain development permit for construction. Cost for any required

professional certification to be paid by the developer.

SECTION G: CONDITIONS FOR APPROVING VARIANCES OF AGRICULTURAL

STRUCTURES

Any permit granted for an agricultural structure shall be decided individually based on a case-by-case

analysis of the building's unique circumstances.

In order to minimize flood damages during the 100-year flood and the threat to public health and safety,

the following conditions shall be included for any permit issued for agricultural structures that are

constructed at-grade and wet-floodproofed:

a. All proposed agricultural structures shall demonstrate that no other alternate location outside of

the special flood hazard area exists for the agricultural structure. Residential structures, such as

farm houses, cannot be considered agricultural structures.

Use of the structures must be limited to agricultural purposes in any special flood hazard area

only as identified on the community's Flood Insurance Rate Map (FIRM).

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C. For any new or substantially damaged agricultural structures, the exterior and interior building

components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring,

etc.) below the base flood elevation, must be built with flood-resistant materials in accordance

with Article 4, Section A (4)(b) of this ordinance.

d. The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral

movement of the structures in accordance with Article 4, Section A (4)(a) of this ordinance. All

of the building's structural components must be capable of resisting specific flood-related forces

including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

e. Any mechanical, electrical, or other utility equipment must be located 2 feet above the base flood

elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure

that is capable of resisting damage during flood conditions in accordance with Article 4, Section

A (4)(d) of this ordinance. The elevation shall be certified by a licensed land surveyor or

professional engineer.

f. The agricultural structures must meet all National Flood Insurance Program (NFIP) opening

requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent

annual chance flood event, also referred to as the 100-year flood, contain openings that will

permit the automatic entry and exit of flood waters in accordance with Article 4, Section B (1)(c)

of this ordinance.

8. The agricultural

structures must comply with the floodplain management floodway

encroachment provisions of Article 4, Section D (2) of this ordinance. No permits may be issued

for agricultural structures within any designated floodway, if any increase in flood levels would

result during the one percent annual chance flood event, also referred to as the 100-year flood.

h. Major equipment, machinery, or other contents must be protected from any flood damage.

i. No disaster relief assistance under any program administered by any Federal agency shall be paid

for any repair or restoration costs of the agricultural structures.

j. Wet-floodproofing construction techniques must be reviewed and approved by the community.

The community may request approval by a registered professional engineer or architect prior to

the issuance of any floodplain development permit for construction. Cost for any required

professional certification to be paid by the developer.

ARTICLE 6 PENALTIES FOR VIOLATION

1. Violation of the provisions of this ordinance 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, firm, corporation, or other entity that

violates this ordinance or fails to comply with any of its requirements shall, upon conviction

thereof, be fined not more than $ 500.00, and in addition, shall pay all costs and expenses

involved in the case. Each day such violation continues shall be considered a separate offense.

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3. A structure or other development without a floodplain development permit or other evidence of

compliance is presumed to be in violation until such documentation is provided.

The imposition of such fines or penalties for any violation for non-compliance with this

ordinance shall not excuse the violation or noncompliance or allow it to continue. All such

violations or noncompliant actions shall be remedied within an established and reasonable time.

Nothing herein contained shall prevent the City of New Franklin or other appropriate authority

from taking such other lawful action as is necessary to prevent or remedy any violation.

ARTICLE 7 AMENDMENTS

The regulations, restrictions, and boundaries set forth in this ordinance 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 New Franklin. 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 ordinance are in compliance with the

National Flood Insurance Program (NFIP) regulations.

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ARTICLE 8 DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to

give them the same meaning they have in common usage and to give this ordinance its most reasonable

application.

"100-year Flood" see "base flood."

"Accessory Structure" means the same as "appurtenant structure."

"Actuarial Rates" see "risk premium rates."

"Administrator" means the Federal Insurance Administrator.

"Agency" means the Federal Emergency Management Agency (FEMA).

"Agricultural Commodities" means agricultural products and livestock.

"Agricultural Structure" means any structure used exclusively in connection with the production,

harvesting, storage, drying, or raising of agricultural commodities.

"Appeal" means a request for review of the floodplain administrator's interpretation of any provision of

this ordinance or a request for a variance.

"Appurtenant Structure" means a structure that is on the same parcel of property as the principle

structure to be insured and the use of which is incidental to the use of the principal structure.

"Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one

percent or greater chance of flooding in any given year.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given

year.

"Base Flood Elevation" means the elevation of the surface of the water during a one percent annual

chance flood event.

"Basement" means any area of the structure having its floor subgrade (below ground level) on all sides.

"Building" see "structure."

"Chief Executive Officer" or "Chief Elected Official" means the official of the community who is

charged with the authority to implement and administer laws, ordinances, and regulations for that

community.

"Community" means any State or area or political subdivision thereof, which has authority to adopt

and enforce floodplain management regulations for the areas within its jurisdiction.

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"Development" means 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.

"Elevated Building" means for insurance purposes, a non-basement building which has its lowest

elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or

columns.

"Eligible Community" or "Participating Community" means a community for which the

Administrator has authorized the sale of flood insurance under the National Flood Insurance Program

(NFIP).

"Existing Construction" means 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."

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the manufactured

homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,

and either final site grading or the pouring of concrete pads) is completed before the effective date of the

floodplain management regulations adopted by a community.

"Expansion to an Existing Manufactured Home Park or Subdivision" means 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).

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of

normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation

or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore

of a lake or other body of water as a result of erosion or undermining caused by waves or currents of

water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a

natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as

flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined

above in item (1).

"Flood Boundary and Floodway Map (FBFM)" means an official map of a community on which the

Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

"Flood Hazard Map" means the document adopted by the governing body showing the limits of: (1)

the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.

"Flood Elevation Determination" means 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.

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"Flood Elevation Study" means an examination, evaluation and determination of flood hazards.

"Flood Fringe" means the area outside the floodway encroachment lines, but still subject to inundation

by the regulatory flood.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the

Administrator, where the boundaries of the flood areas having special flood hazards have been

designated as (unnumbered or numbered) A zones.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the

Administrator has delineated both the special flood hazard areas and the risk premium zones applicable

to the community.

"Flood Insurance Study (FIS)" means an examination, evaluation and determination of flood hazards

and, if appropriate, corresponding water surface elevations.

"Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water

from any source (see "flooding").

"Floodplain Management" means the operation of an overall program of corrective and preventive

measures for reducing flood damage, including but not limited to emergency preparedness plans, flood

control works, and floodplain management regulations.

"Floodplain Management Regulations" means 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.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or

adjustments to structures that reduce or eliminate flood damage to real estate or improved real property,

water and sanitary facilities, or structures and their contents.

"Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without cumulatively

increasing the water surface elevation more than one foot.

"Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal, State

and local floodplain maps.

"Freeboard" means 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.

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"Functionally Dependent Use" means 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.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to

construction next to the proposed walls of a structure.

"Historic Structure" means any structure that is (a) listed individually in the National Register of

Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the

Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b)

certified or preliminarily determined by the Secretary of the Interior as contributing to the historical

significance of a registered historic district or a district preliminarily determined by the Secretary to

qualify as a registered historic district; (c) individually listed on a state inventory of historic places in

states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) individually listed on a local inventory of historic places in communities with historic preservation

programs that have been certified either (1) by an approved state program as determined by the

Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved

programs.

"Lowest Floor" means 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 ordinance.

"Manufactured Home" means a structure, transportable in one 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."

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided

into two or more manufactured home lots for rent or sale.

"Map" means 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).

"Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and

equitable value under normal local market conditions.

"Mean Sea Level" means, 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.

"New Construction" means, 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

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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.

"New Manufactured Home Park or Subdivision" means 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.

"(NFIP)" means the National Flood Insurance Program (NFIP).

"Numbered A Zone" means a special flood hazard area where the Flood Insurance Rate Map shows the

Base Flood Elevation.

"One Percent Annual Chance Flood" see "base flood."

"Participating Community" also known as an "eligible community, " means a community in which the

Administrator has authorized the sale of flood insurance.

"Person" includes any individual or group of individuals, corporation, partnership, association, or any

other entity, including Federal, State, and local governments and agencies.

"Permit" means a signed document from a designated community official authorizing development in a

floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation

certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or

federal authorities.

"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure,

less land value, is above ground.

"Reasonably Safe From Flooding" means base flood waters will not inundate the land or damage

structures to be removed from the SHA and that any subsurface waters related to the base flood will

not damage existing or proposed buildings.

"Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400 square feet or

less when measured at the largest horizontal projections; (c) designed to be self-propelled or

permanently towable by a light- duty truck; and (d) designed primarily not for use as a permanent

dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Remedy A Violation" means to bring the structure or other development into compliance with

Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the

impacts of its noncompliance.

"Repetitive Loss" means flood-related damages sustained by a structure on two separate occasions

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during a 10-year period for which the cost of repairs at the time of each such flood event, equals or

exceeds twenty-five percent of the market value of the structure before the damage occurred.

"Risk Premium Rates" means 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.

"Special Flood Hazard Area" see "area of special flood hazard."

"Special Hazard Area" means an area having special flood hazards and shown on an FHBM, FIRM or

FBFM as zones (unnumbered or numbered) A and AE.

"Start of Construction" 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 were within 180 days of the permit date. The actual start means

either the first placement of permanent construction of a structure on a site, such as the pouring of slabs

or footings, the installation of piles, the construction of columns, any work beyond the stage of

excavation, or the placement of a manufactured home on a foundation. Permanent construction does not

include land preparation, such as clearing, grading and filling, the installation of streets and/or

walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor

installation on the property of accessory structures, such as garages or sheds not occupied as dwelling

units or not part of the main structure. For a substantial improvement, the actual start of construction

means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not

that alteration affects the external dimensions of the building.

"State Coordinating Agency" means 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.

"Structure" means, 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.

"Substantial-Damage" means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed 50 percent of the market

value of the structure before the damage occurred. The term includes Repetitive Loss buildings (see

definition).

For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction

of any wall, ceiling, floor, or other structural part of the building commences.

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The term does not apply to:

a.) 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

b.) Any alteration of a "historic structure" provided that the alteration will not preclude the

structure's continued designation as a "historic structure.

"Substantial Improvement" means any combination of reconstruction, alteration, or improvement to a

building, taking place for a 10-year period, in which the cumulative percentage of improvement equals

or exceeds fifty percent of the current market value of the building. For the purposes of this definition,

an improvement occurs when the first alteration of 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:

a.) 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

b.) Any alteration of a "historic structure" provided that the alteration will not preclude the

structure's continued designation as a "historic structure."

"Substantially Improved Existing Manufactured Home Parks Or Subdivisions" is where the repair,

reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50

percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement

commenced.

"Unnumbered A Zone" means a special flood hazard area shown on either a flood hazard boundary

map or flood insurance rate map where the base flood elevation is not determined.

"Variance" means 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.

"Violation" means 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 ordinance is

presumed to be in violation until such time as that documentation is provided.

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"Water Surface Elevation" means 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.

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ARTICLE 9 CERTIFICATE OF ADOPTION

This Floodplain Management Ordinance for the community of New Franklin, Missouri.

ADOPTED AND APPROVED by the Governing Body of New Franklin, Missouri.

This 14th

of november

2027

Year

Place seal here.

poll fars

Playor

Chief Executive Officer/Chief Elected Official (Signature)

Robbey Harvey

Name

Title

Mayor

Chief Executive Officer/Chief Elected Official (Typed/printed)

ATTEST:

Melissa Growley

Signature of Recording Clerk

Melissa Crowba City Clark.

Recording Clerk (Typed/printed)

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