HomeMy WebLinkAboutORD 2009-033 ORDINANCE NO. 2009-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING CHAPTER 7, BUILDING
AND CONSTRUCTION, ARTICLE X, FLOOD DAMAGE
PREVENTION, OF THE CITY CODE OF ORDINANCES OF
THE CITY OF GRAPEVINE, TEXAS IN ITS ENTIRETY AS
HEREINAFTER DESCRIBED AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine is currently a participant in the National Flood
Insurance Program (NFIP)administered by the Federal Emergency Management Agency
(FEMA); and
WHEREAS, the City of Grapevine has previously adopted a Flood Damage
Prevention Ordinance using FEMA's model ordinance as a condition of participation in the
NFIP; and
WHEREAS, FEMA has issued updated NFIP Maps with a new effective date; and
WHEREAS, FEMA has amended its model ordinance to reflect the date of the
effective NFIP Maps, September 25, 2009; and
WHEREAS, FEMA has advised participating cities that they must amend their
Flood Damage Prevention ordinances to mirror the revised model ordinance prior to the
date of the effective NFIP Maps to continue participation in the NFIP; and
WHEREAS, continued participation by the City of Grapevine in the NFIP is important
to the well being of the citizens of Grapevine.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this ordinance are true and
correct and are hereby incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. That Chapter 7, Building and Construction, Article X, Flood Damage
Prevention, is deleted in its entirety and replaced by a revised Article X, attached hereto
and incorporated herein as Exhibit "A".
Section 3. That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection,word, sentence or phrase shall
be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 4. That the fact that uninterrupted participation in the NFIP is important to
the citizens of the City of Grapevine creates an urgency and an emergency for the
immediate preservation of the public health, safety, and general welfare which requires that
this ordinance shall take effect immediately from and after its passage and it is accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 1st day of September, 2009.
APPROVED:
William D. Tate
Mayor
ATTEST:
ma..../.
Linda Huff f f
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2009-33 2
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Exhibit A
ARTICLE X. FLOOD DAMAGE PREVENTION*
*Editor's note: Ord. No. 94-87, § 1, adopted Oct. 18, 1994, amended Ch. 7, Art.
IX, in its entirety, providing new flood damage prevention provisions. Prior to
amendment, Art. IX pertained to similar subject matter, consisted of§§ 7-180--7-
195, and was derived from Ord. No. 87-18, § 1, adopted March 17, 1987, and
Ord. No. 87-44, adopted Aug. 4, 1987. Subsequently, Ord. No. 2005-15, § 7,
adopted March 1, 2005, renumbered Art. IX, §§ 7-180--7-197, as Art. X, §§ 7-
186--7-203.
Sec. 7-186. Statutory authorization.
The Legislature of the State of Texas has, in the Flood Control and
Insurance Act, Texas, Water Code, § 16.315, delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood losses.
Therefore, the City of Grapevine, Texas does ordain as follows:
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-187. Findings of fact.
(a) The flood hazard areas of Grapevine, Texas are subject to periodic
inundation which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, and
extraordinary public expenditures for flood protection and relief, all of
which adversely affect the public health, safety and general welfare.
(b) These flood losses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by
the occupancy of flood hazard areas by uses vulnerable to floods and
hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-188. Statement of purpose.
It is the purpose of this article to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(1) Protect human life and health;
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(2) Minimize expenditure of public money for costly flood control
projects;
(3) Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of floodprone areas in such a manner as to minimize
future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood
area.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-189. Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following
methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights, velocities or erosion;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the
accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage; and
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
to other lands.
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(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-190. Definitions.
Unless specifically defined below, words or phrases used in this article
shall be interpreted to give them the meaning they have in common usage and to
give this ordinance its most reasonable application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial
fan or similar landform which originates at the apex and is characterized by high-
velocity flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the
flow path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
Appurtenant Structure means a structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental
to the use of the principal structure.
Area of Future Condition Flood Hazard means the land area that would be
inundated by the 1-percent-annual chance (100 year) flood based on future
conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent
chance or greater annual chance of flooding to an average depth of one to three
feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
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. The area may be designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, AR/A1-30, AR/AE, AR/AE, AR/AO, AR/AH, ARIA, VO, V1-30, VE or V.
Base flood means the flood having a one percent chance of being equaled
or exceeded in any given year.
Base Flood Elevation (BFE) —The elevation shown on the Flood
Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance
Study (FIS) for Zones A, AE, AH, A1-30, AR, V1-V30, or VE that indicates the
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water surface elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year— also called the Base Flood.
Basement means any area of the building having its floor subgrade (below
ground level) on all sides.
Breakaway Wall means a wall that is not part of the structural support of
the building and is intended through its design and construction to collapse under
specific lateral loading forces, without causing damage to the elevated portion of
the building or supporting foundation system.
Critical feature means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire
system would be compromised.
Development means any man-made change to improved and 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.
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.
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 or tidal waters.
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(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
Flood Elevation Study means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of mudslides (i.e.,
mudflow) and/or flood-related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the
special flood hazard areas and the risk premium zones applicable to the
community.
Flood Insurance Study (FIS) —see Flood Elevation Study
Floodplain or flood-prone area means any land area susceptible to being
inundated by water from any source (see definition of 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 a floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
Flood protection system means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the
area within a community subject to a "special flood hazard" and the extent of the
depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
Flood proofing means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities,
structures and their contents.
Floodway - see regulatory floodway
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Functionally dependent use means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to water.
The term includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair
facilities, 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:
(1) 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;
(2) 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;
(3) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by
the Secretary Interior; or
(4) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
a. By an approved state program as determined by the
Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without
approved programs.
Levee means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
Levee system means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage devices,
which are constructed and operated in accordance with sound engineering
practices.
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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 non-elevation design
requirement of Section 60.3 of the National Flood Insurance Program
regulations.
Manufactured home means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. 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.
Mean sea level means, for purposes of the National Flood Insurance
Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to
which base flood elevations shown on a community's Flood Insurance Rate Map
are referenced.
New construction means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start
of construction" commenced on or after the effective date of a floodplain
management regulation 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
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 on or after the effective date of
floodplain management regulations adopted by a community.
Recreational vehicle means a vehicle which is (i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light duty truck;
and (iv) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodway means the channel of a river or other watercourse
and the adjacent lands areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation by more
than a designated height.
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Riverine means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Special Flood Hazard Area — see Area of Special Flood Hazard
Start of construction (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)),
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 either the first placement of permanent
construction of a structure on a site, such as the pouring 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;
nor does it include excavation for basement, footings, piers or foundations 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 that alteration affects the external dimensions of
the building.
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.
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.
Substantial improvement means 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 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:
(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
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(2) Any alteration of a "historic structure", provided that the alteration
will not preclude the structure's continued designation as a "historic
structure".
Variance means a grant of relief by a community from the terms of a
floodplain management regulation (For full requirements see Section 60.6 of the
National Flood Insurance Program regulations.)
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 in Section 60.3(b)(5), (c)(4), (c)(10),
(d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
Water surface elevation means the height, in relation to the North
American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of
floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-191. Lands to which this article applies.
The article shall apply to all areas of special flood hazard within the
jurisdiction of the City of Grapevine.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-192. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report entitled,
"The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated
Areas," dated September 25, 2009 , with accompanying Flood Insurance Rate
Maps dated September 25, 2009 and any revisions thereto are hereby adopted
by reference and declared to be a part of this article.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 95-42, § 1, 6-20-95; Ord. No. 2005-15, §
7, 3-1-05)
Sec. 7-193. Establishment of development permit.
A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this article.
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(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-194. Compliance.
No structure or land shall hereafter be located, altered, or have its use
changed without full compliance with the terms of this article and other applicable
regulations.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-195. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this article and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-196. Interpretation.
In the interpretation and application of this article, all provisions shall be:
(1) considered as minimum requirements; (2) liberally construed in favor of the
governing body; and (3) deemed neither to limit nor repeal any other powers
granted under State statutes.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-197. Warning and disclaimer or liability.
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes. This article does not
imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This article shall
not create liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-198. Designation of the floodplain administrator.
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The Public Works Director or designee is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this article and other
appropriate sections of 44 CFR (Emergency Management and Assistance -
National Flood Insurance Program Regulations) pertaining to floodplain
management.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-199. Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the Floodplain Administrator shall include,
but not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this article.
(2) Review permit application to determine whether to ensure that the
proposed building site project, including the placement of
manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this article.
(4) Review permits for proposed development to assure that all
necessary permits have been obtained from those Federal, State or
local governmental agencies (including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334)
from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary
and actual field conditions) the Floodplain Administrator shall make
the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating agency which is the Texas Water Development Board
(TWDB) and also the Texas Commission on Environmental Quality
(TCEQ), prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency.
(7) Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
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(8) When base flood elevation data has not been provided in
accordance with section 7-192, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation data
and floodway data available from a Federal, State or other source,
in order to administer the provisions of section 7-202.
(9) When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A1-30 and AE 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 city.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may
approve certain development in Zones A1-30, AE, AH, on the
community's FIRM which increases the water surface elevation of
the base flood by more than one foot, provided that the community
first completes all provisions required by Section 65.12 .
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-200. Permit procedures.
(a) Application for a Floodplain Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include,
but not be limited to, plans in duplicate drawn to scale showing the
location, dimensions, and elevation of proposed landscape alterations,
existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas
of special flood hazard. Additionally, the following information is required:
(1) Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved
structures;
(2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the
floodproofing criteria of section 7-202(b)(2);
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(4) Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed
development.
(5) Maintain a record of all such information in accordance with section
7-199(1).
(b) Approval or denial of a Floodplain Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this article and the
following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the
injury of others;
(4) The compatibility of the proposed use with existing and anticipated
development;
(5) The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6) The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical and
water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where
applicable;
(9) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-201. Variance procedures.
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(a) The Appeal Board (The building code board of adjustment), as established
by the community, shall hear and render judgement on requests for
variances from the requirements of this article.
(b) The Appeal Board shall hear and render judgement on an appeal only
when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this article.
(c) Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision to the courts of competent jurisdiction.
(d) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this article.
(f) 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 the relevant factors in section 7-
200(b) of this article have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the
variance increases.
(g) Upon consideration of the factors noted above and the intent of this article,
the Appeal Board may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this article
(section 7-188).
(h) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(j) Prerequisites for granting variances.
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(1) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(2) Variances shall only be issued upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and
(iii) 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.
(3) Any application to which a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation below a minimum of two feet above the base flood
elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(k) 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 (i) the criteria
outlined in section 7-201(a)--(i) are met, and (ii) 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.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Sec. 7-202. Provisions for flood hazard reduction.
(a) General standards. In all areas of special flood hazards the following
provisions are required for all new construction and substantial
improvements.
(1) All new construction or substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
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(4) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system
and discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(b) Specific standards. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i) section 7-192, (ii)
section 7-199(8), or (iii) section 7-202(c)(3), the following provisions are
required:
(1) Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor
(including basement), elevated to a minimum of two (2) feet above
the base flood elevation. All new residential construction shall have
an access elevation at or above the base flood elevation. No
residential construction shall be permitted in the floodway. A
registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the
standard of this subsection as proposed in section 7-200(a)(1), is
satisfied.
(2) Nonresidential construction. New construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to a minimum of two (2) feet above the base flood level or
together with attendant utility and sanitary facilities, be designed so
that below two (2) feet above the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall
develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods
of construction are in accordance with accepted standards of
practice as outlined in this subsection. A record of such certification
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which includes the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained by
the Floodplain Administrator.
(3) Enclosures. New construction and substantial improvements, with
fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other than
a basement and which 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:
a. A minimum of two openings on separate walls 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.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within
Zone A on a community's FHBM or FIRM shall be installed
using methods and practices which 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. This requirement is in addition to applicable state
and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH, and AE on
the city's FIRM on sites (i) outside of a manufactured home
park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured
home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be
elevated on a permanent foundation such that the lowest
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floor of the manufactured home is elevated to a minimum of
two (2) feet above the base flood elevation and be securely
anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with Zones A1-30, AH and AE on the
community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
(i) The lowest floor of the manufactured home is at or
above a minimum of two (2) feet above the base flood
elevation; or
(ii) The manufactured home chassis is supported by
reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36
inches in height above grade, and be securely
anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral
movement.
(5) Recreational vehicles. Require that recreational vehicles placed on
sites within Zones A1-30, AH, and AE on the community's FIRM
either (i) be on the site for fewer than 180 consecutive days, (ii) be
fully licensed and ready for highway use, or (iii) meet the permit
requirements of section 7-200(a), and the elevation and anchoring
requirements for"manufactured homes" in paragraph (4) of this
section. 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.
(c) Standards for subdivision proposals.
(1) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with sections 7-
187, 7-188, and 7-189 of this article.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall
meet Floodplain Development Permit requirements of section 7-
193, section 7-200 and the provisions of section 7-202 of this
article.
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(3) Base flood elevation data shall be generated for subdivision
proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Section 7-192 or Section 7-199(2) of this
ordinance.
(4) Base flood elevation data shall be generated by a detailed
engineering study for all Zone A areas, within 100 feet of the
contour lines of Zone A areas, and other streams not mapped by
FEMA, as indicated on the community's FIRM.
(5) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
(6) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
(d) Standards for areas of shallow flooding (AO/AH zones). Located within the
areas of special flood hazard established in section 7-192, are areas
designated as shallow flooding. These areas have special flood hazards
associated with flood depths of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures shall have the lowest floor(including basement) elevated
to two (2) feet above the base flood elevation or the highest
adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number
is specified).
(2) All new construction and substantial improvements of non-
residential structures shall;
(i) Have the lowest floor (including basement) elevated to two
(2) feet above the base flood elevation or the highest
adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if
no depth number is specified), or;
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(ii) Together with attendant utility and sanitary facilities be
designed so that below the base specified flood depth in an
AO zone, or below the Base Flood Elevation in an AH Zone,
level the structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of
this section, as proposed in section 7-200, are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
(e) Floodways. Located within areas of special flood hazard established in
section 7-192, are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(1) Encroachments are prohibited, 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.
(2) If section 7-202(e)(1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood
hazard reduction provisions of section 7-202.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
Section 7-203, Severability
If any section, clause, sentence, or phrase of this Article is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this
Ordinance.
Section 7-204, Penalties for non compliance
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No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this court order
and other applicable regulations. Violation of the provisions of this court order by
failure to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this court order or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than
$2,000.00 for each violation, and in addition shall pay all costs and expenses
involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent City from taking such other lawful action as is
necessary to prevent or remedy any violation.
(Ord. No. 94-87, § 1, 10-18-94; Ord. No. 2005-15, § 7, 3-1-05)
I Secs. 7-205--7-206. Reserved.
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