HomeMy WebLinkAboutA001 - Council Action Form dated July 25, 1995 ITEM #: Q5
DATE: 07/25/95
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND THE
FLOOD PLAIN REGULATIONS OF THE CITY TO BRING THEM INTO
COMPLIANCE WITH THE NFIP STANDARDS
ACTION FORM SUMMARY: These proposed changes to the flood plain regulations
of the City have been requested by FEMA to meet the National Flood Insurance
Program standards.
The Planning and Zoning Commission and staff recommend approval of these
additions and changes to the Flood Plain Ordinance of the City.
BACKGROUND:
In November of 1994, an assessment of the City was made by an official from the
Federal Emergency Management Agency (FEMA) for compliance with the National
Flood Insurance Program guidelines and requirements. As part of that assessment it
was noted by The FEMA officials that some changes needed to be made to the Flood
Plain Regulations of the City to meet the NFIP standards that were revised in 1986.
These changes include a subsection on new and substantially improved structures that
was inadvertently deleted from the Floodway Fringe (Overlay) District Regulations,
Section 9.5, in 1992 a new subsection for the Floodway Fringe (Overlay) District,
dealing with recreational vehicles: and the addition of a number of definitions that are
currently not in the Flood Plain regulations or that need to be changed.
ANALYSIS:
The following addition should be made to Section 9.5 (2) of the Flood Plain Zoning
Regulations. This subsection was inadvertently left out of this section when an
ordinance change was made to this section in 1992.
Section 9.5(2)( ). All new and substantially improved structures:
(i) Fully enclosed areas below the "lowest floor" (not including basements) 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 meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
(ii) New and substantially improved structures must be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
(iii) New and substantially improved structures must be constructed with electrical,
heating. ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
The Floodplain Zoning Regulations currently do not address recreational vehicles in
the floodplain. This proposed new subsection in Section 9.5 (2), dealing with
recreational vehicles, is required by the revised NFIP standards adopted in 1986.
Section 9.5(2)( ) Recreational vehicles. Recreational vehicles placed on sites within
Zones Al-30, AH, and AE on the community's FIRM shall either:
(i) Be on the site for fewer than 180 consecutive days and be fully licensed and
ready for highway use, or
(ii) Meet the permit, elevation and anchoring requirements for "manufactured
homes".
A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by disconnect type utilities and security devices, and has
no permanent attached additions.
The FEMA officials requested that many definitions be added or modified in Section
9.11 of the Flood Plain Zoning Regulations. All the definitions proposed for Section
9.11 are listed below, including those that do not have to be changed. This is being
done for purposes of continuity. There is a note after each definition, indicating
whether it is an unchanged definition or a new definition.
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Section 9.11 DEFINITIONS.
Unless specifically defined below, words or phases in this ordinance shall be
interpreted so as to give the meaning they have in common usage and to give this
ordinance its most reasonable application.
(1) Appeal. A request for review of the Building Official's interpretation of any
provision of this ordinance or request for a variance. [New definition]
(2) Area of Shallow Flooding. A designated AO or AH zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel
is unpredictable and sheer velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow. [New definition]
(3) Base Flood. The flood having a one percent chance of being equalled or
exceeded in any given year for a given area. [Unchanged definition]
(4) Base Flood Elevation (BFE). The height to which the base flood is estimated to
rise. [Unchanged definition]
(5) Basement. Any area of the building having its floor subgrade (below ground
level) on all sides. [New definition]
(6) Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or
materials. [New definition]
(7) Existing Construction. Structures for which the "start of construction"
commenced before the effective date of the initial FIRM (January 1, 1981).
"Existing construction" may also be referred to as "existing structures".
[Unchanged definition]
(8) Existing Factory-built Home Park or Subdivision. A factory-built home park or
subdivision for which the construction of facilities for servicing the lots on which
the factory-built homes are to 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 complete before the effective date of the floodplain
management regulations adopted by the community. [New definition]
(9) Factory-built Home. A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle". [New definition]
3
(10) Factory-built Home Park or Subdivision. A parcel (or continuous parcels) of land
divided into two or more factory-built home lots for rent or sale. [New
definition]
(11) Flood or Flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from: (a) the overflow of inland or tidal
waters; (b) the usual and rapid accumulation of runoff of surface waters from
any source. [New definition]
(12) Flood Fringe. That area of the floodplain, outside the floodway, that on the
average is likely to be flooded once every 100 years (i.e., that has a one percent
chance of flood occurrence in any one year). [New definition]
(13) Flood Insurance Rate Map (FIRM). An official map of a community, on which
the Flood Insurance Study has delineated the Flood Hazard Boundaries and the
zones establishing insurance rates applicable to the community. [New
definition]
(14) Flood Insurance Study. The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood
Boundary Map and the water surface elevation of the base flood. [Unchanged
definition]
(15) Floodplain. Any land area susceptible to being inundated by water from any
source (see definition of flooding). [New definition]
(16) Flood Proofing. A combination of structural provisions, changes, or adjustment
to properties and structures subject to flooding primarily for the reduction or
elimination of flood damages to properties, water and sanitary facilities,
structures, and contents of buildings in a flood hazard area. [Unchanged
definition]
(17) Floodway or Regulatory Floodway. The channel of the river or 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
tenth (.1) foot. [New definition]
(18) Floodwav Fringe. Those portions of the floodplain, other than the floodway,
which can be filled, levied, or otherwise obstructed without causing substantially
higher flood levels or flow velocities. [Unchanged definition]
(19) Freeboard. A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard tends to compensate for the
many unknown factors that could contribute to flood heights greater than the
height calculated for a selected size flood and floodway conditions, such as wave
action, clogged bridge openings, and the hydrological effect of urbanization of
the water shed. [New definition]
4
(20) General Flood Plain. Area of the floodway fringe and the floodway combined.
[Unchanged definition]
(21) Highest Adjacent Grade. The highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure. [New definition]
(22) Historic Structure. Any structure that is: (a) Listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register; (b) Certified or
preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as 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 either 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. [New definition]
(23) Lowest Floor. 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 non-elevation
design requirements of this ordinance. [New definition]
(24) New Construction. 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 regulation adopted by a community
and includes any subsequent improvements to such structure. [New definition]
(25) Overlay District. It is a district in which additional requirements act in conjunction
with the underlying zoning district(s). [New definition]
(26) Principally Above Ground. Principally above ground means that at least 51
percent of the cash value of the structure is above ground. [New definition]
(26) Recreational Vehicle. A vehicle which is (a) built on a 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 quarters for
recreational, camping travel or seasonal use. [New definition]
5
(27) Special Flood Hazard Area. The land in the Floodplain within a community
subject to one percent or greater chance of flooding in any given year. [New
definition]
(28) Start of Construction. [for other than new construction or substantial
improvements under the coastal Barrier Resources Act (Pub. L. 97-348)] It
includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement , or other improvement was within 180 days of
the permit date. The actual start means the first placement of permanent
construction of a structure on a site, such as the poring of slab or footings, the
installation of piles, the construction of columns, or 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; nor does it include the installation of streets and/or walkways;
not does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; not does it include the installation on the
property of accessory buildings, 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 the alteration affects the
external dimensions of the building. [New definition]
(29) Structure. Anything constructed or erected, on the ground, or attached to the
ground including, but without limiting the generality of the foregoing: buildings,
factories, sheds, cabins, mobile homes, manufactured homes, other similar
items, and walled and roofed buildings, including gas or liquid storage tanks that
are principally above ground. [Unchanged definition]
(30) Substantial Damage. Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its condition before the damage occurred
would equal or exceed 50 percent of the market value of the structure before the
damage occurred. [Unchanged definition]
(31) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction" of the
improvement. This term includes structures which incurred "substantial damage"
regardless of the actual repair work performed. The term does not, however,
include either (1) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions, or (2) any alteration
necessary to the structure's continued designation as a "historic structure".
[Unchanged definition]
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(32) Variance. A grant of relief to a person from the requirements of this ordinance
which permits construction in a manner otherwise prohibited by this ordinance
where specific enforcement would result in unnecessary hardship. [New
definition]
The Planning and Zoning Commission reviewed this request at their meeting of
June 21, 1995, and recommended that these amendments be approved.
ALTERNATIVES:
1. The City Council can approve the amendments to the City Council that the Flood
Plain Regulations as proposed above.
2. The City Council can deny approval of the amendments to the City Council that
the Flood Plain Regulations, as proposed above.
3. The City Council can table this request for additional information from staff.
MANAGER'S RECOMMENDATION:
It is the recommendation of the City Manager that the proposed changes to the Flood
Plain Regulations be approved to bring them into compliance with National Flood
Insurance Program.
Attachment
h\bpokaf\f1ood.725
7
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ADDING NEW SUBSECTIONS 9.5(2)(k) and 95.(2)(1);
REPEALING SECTION 9.11 AND RE-ADOPTING THAT SECTION
REVISED; REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY AND ESTABLISHING AN EFFECTIVE DATE;
ALL FOR THE PURPOSE OF ADOPTING CHANGES IN THE FLOOD
PLAIN REGULATIONS AS REQUESTED BY THE FEDERAL EMERGENCY
MANAGEMENT ADMINISTRATION TO MEET THE NATIONAL FLOOD
INSURANCE PROGRAM STANDARDS.
BE IT ENACTED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
adding new subsections 9.5(2)(k) and 9.5(2)(1) as follows:
"(k) For all new and substantially improved structures:
(i) Fully enclosed areas below the"lowest floor"(not including basements)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 meet or exceed the
following minimum criteria:
a. A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above
grade.
C. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(ii) New and substantially improved structures must be designed (or modified)
and adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(iii) New and substantially improved structures must be constructed with
electrical,heating,ventilation,plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(1) Recreational vehicles placed on sites within zones AI-30,AH,and AE on the Flood
Insurance Rate Map (FIRM) established for the City of Ames shall either:
(i) Be on the site for fewer than 180 consecutive days and be fully licensed and
ready for highway use, or
(ii) Meet the permit, elevation and anchoring requirements for "manufactured
homes".
A recreational vehicle is ready for highway use if it is on its wheels or jacking system; is
attached to the site only by disconnect type utilities and security devices, and has no permanent
attached additions."
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 9.11 as it now exists and enacting a new Section 9.11 as follows:
"Sec. 9.11. DEFINITIONS. Unless specifically defined below, words or phrases in this chapter
shall be interpreted so as to give the meaning they have in common usage and to give this chapter
1
its most reasonable application.
(1) Appeal. A request for review of the Building Official's interpretation of any
provision of this ordinance or request for a variance.
(2) Area of Shallow Flooding. A designated AO or AH zone on a community's Flood
Insurance Rate Map(FIRM)with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel is unpredictable and sheer velocity flow
may be evident. Such flooding is characterized by ponding or sheet flow.
(3) Base Flood. The flood having a one percent chance of being equaled or exceeded
in any given year for a given area.
(4) Base Flood Elevation (BFE). The height to which the base flood is estimated to
rise.
(5) Basement. Any area of the building having its floor subgrade(below ground level)
on all sides.
(6) Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures,mining, dredging, filling, grading,paving,
excavation or drilling operations or storage of equipment or materials.
(7) Existing Construction. Structures for which the "start of construction"commenced
before the effective date of the initial FIRM (January 1, 1981). "Existing construction" may also
be referred to as "existing structures".
(8) Existing Factory-built Home Park or Subdivision. A factory-built home park or
subdivision for which the construction of facilities for servicing the lots on which the factory-built
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 complete before the
effective date of the floodplain management regulations adopted by the community.
(9) Factory-Built Home. A structure,transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a"recreational
vehicle".
(10) Factory-built Home Park or Subdivision. A parcel(or continuous parcels)of land
divided into two or more factory-built home lots for rent or sale.
(11) Flood or Flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b) the
usual and rapid accumulation of runoff of surface waters from any source.
(12) Flood Fringe. That area of the floodplain,outside the floodway,that on the average
is likely to be flooded once every 100 years(i.3. that has a one percent chance of flood occurrence
in any one year).
(13) Flood Insurance Rate Map (FIRM). An official map of a community, on which
the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing
insurance rates applicable to the community.
(14) Flood Insurance Study. The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles,as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
(15) Floodplain. Any land area susceptible to being inundated by water from any source
(see definition of flooding).
(16) Flood Proofing. A combination of structural provisions,changes,or adjustment to
properties and structures subject to flooding primarily for the reduction or elimination of flood
damages to properties,water and sanitary facilities, structures, and contents of buildings in a flood
hazard area.
(17) Floodway or Regulatory Floodway. The channel of the river or 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 tenth (.1) foot.
(18) Floodway Fringe. Those portions of the flood plain, other than the floodway,
2
which can be filled, levied, or otherwise obstructed without causing substantially higher flood
levels or flow velocities.
(19) Freeboard. A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard tends to compensate for the many unknown
factors that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action,clogged bridge openings,and the hydrological
effect of urbanization of the water shed.
(20) General Flood Plain. Area of the floodway fringe and the floodway combined.
(21) Highest Adjacent Grade. The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(22) Historic Structure. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirement for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as
contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as 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:
(i) By either an approved state program as determined by the Secretary
of the Interior or
(ii) Directly by the Secretary of the Interior in states without approved
programs.
(23) Lowest Floor. The lowest floor of the lowest enclosed area(including basement).
An unfinished or flood-resistance 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
non-elevation design requirements of this ordinance.
(24) New Construction. 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 regulation adopted by a community and includes any subsequent
improvements to such structure.
(25) Overlay District. It is a district in which additional requirements act in conjunction
with the underlying zoning district(s).
(26) Principally Above Ground. Principally above ground means that at least 51
percent of the cash value of the structure is above ground.
(27) Recreational Vehicle. A vehicle which is(a)build on a 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 quarters for recreational, camping travel or seasonal use.
(28) Special Flood Hazard Area. The land in the Floodplain within a community
subject to one percent or greater chance of flooding in any given year.
(29) Start of Construction. [for other than new construction or substantial
improvements under the coastal Barrier Resources Act (Pub. L. 97-348)] It includes substantial
improvement, and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was
within 180 days of the permit date. The actual start means the first placement of permanent
construction of a structure on a site,such as the poring of slab or footings,the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
3
such as clearing,grading and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, 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 the alteration affects the external
dimensions of the building.
(30) Structure. Anything constructed or erected, on the ground, or attached to the
ground including,but without limiting the generality of the foregoing: buildings, factories, sheds,
cabins, mobile homes,manufactured homes, other similar items, and walled and roofed buildings,
including gas or liquid storage tanks that are principally above ground.
(31) Substantial Damage. Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before the damage occurred would equal or exceed
50 percent of the market value of the structure before the damage occurred.
(32) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage" regardless of the actual repair work performed. The
term does not, however, include either (a) any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement officer and which are the minimum necessary to assure
safe living conditions or(b) any alteration necessary to the structure's continued designation as a
"historic structure.
(33) Variance. A grant of relief to a person from the requirements of this ordinance
which permits construction in a manner otherwise prohibited by this ordinance where specific
enforcement would result in unnecessary hardship."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out in Section 1.9 of the Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 1995.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
0357
4
� Y M�N
Z Federal Emergency Management Agency
Region VII
y0 o b 911 Walnut Street, Room 300
Kansas City, MO 64106
DEC 21 1994
The Honorable Larry R. Curtis
Mayor, City of Ames
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
Dear Mayor Curtis:
On Wednesday, November 9, 1994, Ross Richardson of this office
met with City officials (see enclosed attendance record) . The
purpose of the meeting was to assess the effectiveness of your
community' s floodplain management program in meeting the criteria
for participation in the National Flood Insurance Program (NFIP) .
Additionally, the visit provided technical assistance to your
staff.
During the visit the following areas of your program were
reviewed.
1. The adequacy of the existing floodplain management
ordinances in meeting the provisions for participation in
the NFIP, outlined in 44 CFR 60.3 .
2 . The adequacy of existing mapping supplied by the Federal
Emergency Management Agency (FEMA) in the form of a Flood
Insurance Study (FIS) /Flood Boundary and Floodway Map
(FBFM) and a Flood Insurance Rate Map (FIRM) .
3 . The adequacy of an existing floodplain development
permit/application and the associated elevation and
floodproofing certificates for verifying and recording "as-
built" elevations for elevated or floodproofed
developments.
4. The adequacy of written administrative procedures for the
issuing, tracking and recording of the above permit/
certification process.
5. All floodplain development permits, permits for new or
substantially improved structures and associated "as built"
certificates that have been issued in the past year. This
review included any variances that have been issued in the
same time period.
6. The procedures followed for the enforcement of floodway
provisions of the NFIP and those other provisions dealing
with watercourse alterations or maintenance of carrying
capacity.
7. The conformance of variance procedures to FEMA guidelines.
8. The review of the last Biennial Report submitted to this
office.
9. A review of the "Buyout" program under DR-0996-IA.
Based on the results of our review, the following assessment and
time frame for corrective action is provided.
1. On October 1, 1986, the NFIP standards were revised
requiring participating communities to update their
floodplain management regulations.
The FEMA Regional Office has approved your community' s
Floodplain Management Ordinance Number 3176 which was
passed on June 1, 1992.
However, at this time, a revision is necessary to comply
with NFIP standards. The City must -amend its floodplain
management regulations with the enclosed definition
section. Please add those definitions into Section 9 .11
which currently do not appear.
Somehow, Section 9.5 (2) (d) which was adopted in Ordinance
Number 2979 on May 26, 1987 was omitted when the above
referenced Ordinance Number 3176 was passed. Therefore,
the City must amend its floodplain management regulations
to include the enclosed subpart (d) .
In addition, the following "recreational vehicle" text must
be placed in Section 9.5 :
"Require that recreational vehicles placed on sites within
Zones Al-30, AH and AE on the community' s FIRM either:
1 . Be on the site for fewer than 180 consecutive days.
2 . Be fully licensed and ready for highway use, or
3 . Meet the permit, elevation and anchoring requirements
for "manufactured homes" .
A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only
by disconnect type utilities and security devices, and has
no permanent attached additions. "
2
2 . The FIRM and FBFM were reviewed and found to reflect
current potential flooding conditions. However, the City
has annexed several areas but is implementing the Story
County---maps for floodplain management purposes. The new
City map will be submitted to our National Office for their
files to consider if a map revision is justified in the
future.
3 . The Floodplain Development Permit/Application was found to
be acceptable for floodplain development .
The FEMA Elevation/Floodproofing Certificates are used for
floodplain development.
4. The administrative procedures are adequate for issuing,
tracking and recording of the above process.
S. Floodplain Development Permits issued during the last
calendar year were reviewed.
In a conversation with the Iowa Department of Natural
Resources (IDNR) , they confirmed that a State floodplain
development permit was issued to the Iowa Department of
Transportation (IDOT) for the new Dayton Road overpass at
Highway 30. This permit is acceptable for *local floodplain
management purposes, in accordance with the IDOT/IDNR
Memorandum of Understanding and IDOT' s policies and
procedures manual.
The following eight structures, which have been permitted
by the City, requires elevation certificates:
a. 1521 East Lincoln Way.
b. 416 Grandwood.
c. 538 South Duff Avenue.
d. 808 East Lincoln'Way.
e. 215 Freel Drive.
f. 811 South Duff Avenue.
g. 1400 South Dayton Avenue.
h. 1006 South Dayton Avenue, Lot 45 .
Of the approximate 50 substantially damaged structures in
the 111993 Flood" , fifteen structures are awaiting the FEMA
buyout programs, thirty-four trailers have been removed and
one commercial structure will not be reoccupied.
The City did notify property owners of flood damaged
structures so that they would know that the buildings were
damaged and required floodplain development permits .
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The appropriate permits were.. issued by the City with the
exception of three structures on South Maple Street (445
South Maple and a woodcutters shack and trailer on same
lot) .
The City is required to provide the status of the three
structures on South Maple Street, the eight elevation
certificates and a report on a quarterly basis until
documentation on all fifteen structures is provided to our
office.
6. The City has had problems with illegal filling in the Squaw
Creek floodway. The City has been monitoring this activity
and has demonstrated that most of these problems have been
resolved.
In the unresolved case, the City must provide documentation
to our office to demonstrate that the materials stored at
811 South Duff Avenue have been removed from the floodway.
The City has adopted a more restrictive floodway which was
provided by the Rock Island Corps of Engineers. Our office
encourages communities to exceed NFIP minimum standards and
this type of regulatory tool will assist in. reducing future
flood losses. If changes are made to this requirement,
please inform our office.
7 . The variance procedures were reviewed and meet FEMA
guidelines for handling variance requests that may be
presented for' floodplain development.
8 . The 1993 Biennial Report was reviewed and found to be in
order.
9. The "Buyout" Programs are being administered by the City' s
Department of Planning and Housing.
FEMA 404 Hazard Mitigation funds have been approved to
purchase twenty-six structures .
The City has applied for the Section 1362 program, a part
of the NFIP, for the purchase of the Arcadia Lodge. The
application is pending awaiting a decision from the City on
the status of this structure.
In summary, you are reminded that to continue participation in
good standing in the NFIP, the following ACTION ITEMS must be
submitted on or before the DUE DATE. These are keyed to the
number in the aforementioned review.
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ACTION ITEM DUE DATE
1. Amend the Floodplain July 3, 1995
Management Ordinance.
2 . NONE 2
3 . NONE 400
4. NONE - IS'
S. Provide 8 elevation certificates. April 3, 1995
Provide quarterly report on April 3, 1995
the status the 15 flood damaged
properties.
Provide status of structures on April 3, 1995
South Maple Street.
6. Provide documentation of floodway April 3, 1995
removal at 811 S. Duff Avenue.
7 . NONE
8. NONE
9 . NONE
If assistance is needed during the above time frame, Ross
Richardson at (816) 283-7005 will be able to assist you.
Sincerely,
2gAA�
Stephen R. Harrell, Director
Mitigation Division
Enclosures
CC : Jeff Pearson, Building Official w/enclosures
Brian O'Connell, Planning Director w/enclosures
Bill Cappuccio, NFIP State Coordinator
Ross Richardson, CCO
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