Loading...
HomeMy WebLinkAbout2003-069 - Amendments to Chapter 455 of the Municipal CodeBILL NO. 2003-69 ORDINANCE NO. 2003-69 AN ORDINANCE AMENDING CHAPTER 455 OF THE RIVERSIDE CITY COllE BY AMENDING SECTION 455.030, 455.100, 455.110 AND 455.130 REGARDING THE ESTABLISHMENT OF LEVEE CRITICAL ZONE DEVELOPMENT REGULATIONS AND THE ADMINISTRATION THEREOF WHEREAS, the City of Riverside, Missouri is charged with protecting the public health, safety and welfare, and desires to do so fairly and responsibly; and WHEREAS, the City, in cooperation with the United States Army Corps of Engineers and the Riverside-Quindaro Bend Levee District of Platte County, Missouri, has and is engaged in the construction of a levee (the "Levee") which will protect portions of the City from the hazards, dangers and damage of flooding along the Missouri River and Line Creek; and WHEREAS, in order to protect the public health, safety and welfare, and to receive the needed protection, it is necessary to protect the integrity of the Levee; and WHEREAS, proper flood hazard prevention measures include protecting the integrity of the Levee by requiring consistent, uniform and planned development within its vicinity; and WHEREAS, the City has in place certain City Code provisions which address flood hazard prevention; and WHEREAS, consistent with proper flood hazard prevention measures, the City staff has developed and presented certain proposed regulations and restrictions concerning development of property within certain vicinities of the Levee (the "Proposed Regulations"); and WHEREAS, the Planning and Zoning Commission of the City (the "Commission"), at a meeting on June 26, 2003, held a public hearing regarding, and considered, the Proposed Regulations; and WHEREAS, the Commission, subsequent to the public hearing on the Proposed Regulations, recommended approval of the same, on June 26, 2003; and WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, held a public hearing regarding, and considered, the Proposed Regulations and the above recommendation of the Commission, at its meeting on July 1, 2003. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Section 455.030 of the Municipal Code of the City of Riverside is hereby amended by adding the following definitions which shall be implemented in alphabetical order within such Section, and which shall read, in their entirety, as follows: COKPS: The United States Army Corps of Engineers. CRITICAL AREA: the area of land extending five hundred (500) feet riverward and seven hundred fifty (750) feet landward from the centerline of the L-385 Levee Project of the Levee District. L-385 LEVEE PROJECT: The levee project consisting of the Riverside Levee and the Quindaro Bend Levee in the City constructed pursuant to the Project Cooperation Agreement between the Levee District and the Corps. LF,VEE DISTRICT: The Riverside-Quindaro Bend Levee District, of Platte County, Missouri. Section 2. Chapter 455 of the Municipal Code of the City of Riverside is hereby amended by modifying Section 455.100 which shall read, in its entirety, as follows: SECTION 455.100: ESTABLISHMENT OF A DEVELOPMENT PERMIT A. Permit and Application. A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 455.040 or within the critical area as defined in Section 455.030. No person, firm, corporation, unit of Government or other entity shall initiate any such development or improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article IL Application for a Development Permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any non-residential structure is to be floodproofed. 3. Certification from a registered professional engineer or architect that the non- residential floodproofed structure will meet the floodproofing criteria in Article V, Section 455.170. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. If the development in question will take place within the critical area, the application must be accompanied by a writing from the Levee District stating that: 2 (a) the work proposed in the designs, plans and specifications submitted to the Levee District has no adverse impact on the flood protection project; and (b) all costs and expenses related to review of the designs, plans and specifications have been paid or reimbursed to the Levee District by the applicant. B. Final Approval or Disapproval. Upon receiving and reviewing a complete application for a Development Permit, the Codes Enforcement shall notify the party initiating the development of the Codes Enforcement Officer's unconditional approval, conditional approval, or disapproval. Unconditional Approval. In the event of an unconditional approval, the party may commence the proposed development only in the manner and scope specifically described in the designs, plans and specifications submitted to the Levee District and the Codes Enforcement Officer and approved by both entities. 2. Conditional Approval. In the event that approval is conditioned on certain events or modifications, the party initiating the development shall not commence the same unless and until all conditions have been met or satisfied and the Codes Enforcement Officer has provided to the initiating party a writing evidencing such satisfaction. 3. Disapproval In the event that the Codes Enforcement Officer disapproves the proposed development, for any reason, the party seeking to initiate such development shall immediately and finally cease all activities and shall not, in any manner, pursue or commence the proposed development. C. Completion. In the event that the proposed development is approved or is conditionally approved, and all conditions have been satisfied, then within four (4) weeks of completion of the development the party initiating the same shall furnish three (3) copies of as-built drawings of the development to the Codes Enforcement Officer and one (1) to the Levee District. In addition, upon request by the Codes Enforcement Officer, such request to be made in its sole discretion, the party initiating the development shall furnish to the Codes Enforcement Officer three (3) copies of an operations and maintenance plan for the development in a format approved and finally accepted by the Codes Enforcement Officer. Section 3. Chapter 455 of the Municipal Code of the City of Riverside is hereby amended by modifying Section 455.110 which shall read, in its entirety, as follows: SECTION 455.110: APPLICATION FOR DEVELOPMENT PERMIT To obtain a development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every development permit application submitted pursuant to this Chapter shall: 3 Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work; 2. Identify and describe the work to be covered by the development permit; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Indicate the assessed value of the structure and the fair market value of the improvement; 5. Specify whether development is located in designated flood fringe or floodway, or in the critical area; 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 Codes Enforcement Officer; 8. Be accompanied by designs, plans and specifications for proposed construction which must, for any work within a critical area, comply with all Corps guidelines, rules and criteria for construction on or adjacent to Federal levees; 9. Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority; and 10. If the proposed development is located in the critical area, be accompanied by a writing from the Levee District stating that the work proposed in the designs, plans and specifications submitted to the Levee District has no adverse impact on the flood protection project. Section 4. Section 455.130 of the Municipal Code of the City of Riverside is hereby amended by adding the following subsection 12 which shall read, in its entirety, as follows: SECTION 455.130: DUTIES AND RESPONSIBILITIES OF THE CODES ENFORCEMENT OFFICER Duties of the Codes Enforcement Officer shall include, but not be limited to: Review all applications for development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied. 2. Review all applications for development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or 4 Local Governmental Agencies from which prior approval is required by Federal, State or local law. 3. When base flood elevation data has not been provided in accordance with Article III, Section 455.040, then the Code Enforcement Officer shall obtain, review, and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source, in order to administer the provisions of Article V. 4. Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. 5. Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which the new or substantially improved non-residential structures have been floodproofed. 6. When floodproofing techniques are utilized for a particular non-residential structure the Code Enforcement Officer shall obtain certification from a registered professional engineer or architect. 7. Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency. 8. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished. 9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field condition) or the critical area, the Codes Enforcement Officer shall make the necessary interpretation; provided, however, with respect to the critical area, the Codes Enforcement Officer shall first obtain the concurrence of the Levee District with respect to any such determination. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. 10. Issue development permits for all approved applications. 11. 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. 12. Review all correspondence from, and confer and cooperate with, the Levee District in the review and final approval of all Development Permits concerning development in the critical area. 5 Section 5. This Ordinance shall take effect immediately. Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Passed this 1st day of July, 2003. Betty Burch ayor ATTEST': ~' ~ /~ -~ C Y CLERK 6