HomeMy WebLinkAboutORD 1994-087 ORDINANCE N0. 94-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
�' ` GRAPEVINE, TEXAS AMENDING THE CODE OF
ORDINANCES BY AMENDING ARTICLE IX OF CHAPTER 7
RELATING TO FLOOD DAMAGE PREVENTION IN ITS
ENTIRETY; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS (5200.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the effective date of the revision to the Flood Insurance Rate Map
(FIRM) is December 2, 1994; and
WHEREAS, cities are required to enact flood damage prevention regulations
which meet or exceed the minimum criteria stated in 44 CFR, Chapter I, Part 60.3 (d)
of the NFIP regulations prior to the effective date of the FIRM revisions; and
WHEREAS, review of the City of Grapevine Flood Damage Prevention Ordinance
� m by FEMA has revealed that the City's ordinance does not meet the minimum criteria
stated in 44 CFR, Chapter I, Part 60.3(d) of the NFIP regulation; and
WHEREAS, a city's eligibility for participation in the National Flood Insurance
Program is contingent upon the city enforcing the most current flood plain
management criteria adopted by the Federal Emergency Management Agency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . That Article IX of Chapter 7 of the City Code of the City of
Grapevine, Texas, relating to Flood Damage Prevention is hereby amended in its
entirety to read as in the attached Exhibit "A", attached hereto and made a part
hereof. All other existing sections, subsections, paragraphs, sentences, definitions,
phrases and words of said City Code are not amended, but shall remain intact and are
hereby ratified, verified and affirmed.
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Section 2. Any person, firm or corporation violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the
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Municipal Court, shall be fined in an amount not to exceed the sum of Two Hundred
Dollars (5200.00) for each offense and a separate offense shall be deemed committed
each day during or on which an offense occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
'�' in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
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validity of the remaining portions of this ordinance; and the City Council hereby
declares it would have passed such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas do not adequately address the imposition of the lot to lot drainage
policies and subsequent drainage inspection fees within the City creates an emergency
and the preservation of the public health, safety, and welfare requires that this
ordinance take effect immediately from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the t 8th day of October , 1994.
APPROVED:
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William D. Tate
,�,_� Mayor
ATTEST:
Linda uff
City Secretary
APPROVED AS TO FORM:
�i����
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John F. Boyle, Jr.
City Attorney
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ORD. N0. 94-87 2
EXHIBIT "A"
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BUILDING AND CONSTRUCTION
�� ARTICLE IX. FLOOD DAMAGE PREVENTION*
SECTION 7-180 Statutory authorization
The Legislature of the State of Texas has, in V.A.T.C.S. Water Code, Section 16.311,
delegated the responsibility of local governmental units to adopt regulations designed
to minimize flood losses in theirro%ofpromoting the pub/ic hea/th, safety andgenera/
we/fare of its citizenry. Therefore, the City Council of Grapevine, Texas does ordain
this article.
SECTION 7-181 Findings of fact
(1) 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 and impairment of the tax base, all of
� � which adversely affect the public health, safety and general welfare.
,�.,� (2) These flood loses 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.
SECTION 7-182 Statement of purpose
It is the purpose of this ordinance 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;
(2) Minimize expenditure of public money for costly flood control projects;
ffix (3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
�, a (4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
P mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
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(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone 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.
(8) /nsure that those who occupy f/ood areas assume responsibi/ity for their
action.
SECTION 7-183 Methods of reducing flood losses
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood due to water or erosion hazards, 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 or containment 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.
Section 7-184 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
Alluvial fan floodinu - means floodinq 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.
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�ex - means a point on an alluvial fan or similar landform below which the flow path
�' of the major stream that formed the fan becomes unnredictable and alluvial fan
flooding can occur.
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Area of shal/ow flooding- means a designated A0, AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance
of floodin4 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
ratemaking has been completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AE, AH, A0, A1-99, 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.
Basement - means any area of the building having its floor subgrade (below ground
level) on all sides.
� 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
� .a compromised.
Deve%pment- means any man-made change in 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 a nonbasement building (i) built, in the case of a building in
Zones A1-30, AE, A, A99, A0, AH, B, C, X, and D, to have the top of the elevated
floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the
lowest horizontal structure member of the elevated floor elevated above the ground
level by means of pilings, columns (posts and piers), or shear wa�ls parallel to the floor
of the water and (ii) adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base flood. In the case
of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters. In the case
of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed
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by means of breakaway walls if the breakaway walls meet the standards of Section
60.3(e)15) of the National Flood Insurance Program regulations.
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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
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construction" may also be referred to as "existing structures."
Existinp manufactured home�vark 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
ads .
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.
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
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Flood insurance rate map (FIRM) - means an official map of a communitv, on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
Flood insurance study - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of
the base flood, as well as the Flood Boundary-Floodway Map.
Floodplain or flood-prone area - means any land area susceptible to being inundated
by water from any source (see definition of flooding).
Floodplain manaqement- means the oqeration 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.
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Floodplain management regulations - means zoning ordinances, subdivision
� regulations, building codes, health regulations, special .2urpose ordinances (such as
a floodplain ordinance, gradinq ordinance and erosion control ordinancel and other
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applications of police power. The term describes such state or local regulations. in
any combination thereof, which provide standards for the qurpose of flood dama4e
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 areas 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 proofina - means any combination of structural and non-structural additions,
changes, or adj..ustments to structures which reduce or eliminate flood damage to real
estate or imqroved real property, water and sanitary facilities, structures and their
contents.
Floodway (regulatory floodwavl - means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood
� without cumulatively increasing the water surface elevation more than
a designated height.
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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:
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interiorl or preliminarily determined by the Secretarv
of the Interior as meeting the requirements for individual listing on the National
Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributin�to the historical significance of a registered historic district or a district
�� , preliminarilv determined by the Secretary to qualify as a registered historic district;
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(cl Individually listed on a state inventory of historic alaces in states with
historic preservation programs which have been approved bv the Secretary of Interior;
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�� (d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(1 ) By an approved state program as determined by the Secretary of the
Interior or;
(2) Directly by the Secretary of the Interior in states without approved
programs.
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.
Lowest floor - means the lowest floor of the lowest enclosed area (including
5 basementl. 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
�.a,a 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 parcelsl 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
National Geodetic Vertical Datum (NGVD) of 1929 or other dat�m, to which base
flood elevations shown on a community's Flood Insurance Rate Map are referenced.
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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 anv
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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 bv 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 vehic% - 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�ermanently towable by a light duty truck; and livl designed
primarily not for use as a permanent dwelling but as temporarv living auarters for
recreational, camping, travel, or seasonal use.
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 man�factured
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 buildinq, whether or not that alteration affects the external
dimensions of the buildina.
Structure - means 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.
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Substantialimprovement- 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
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 conditions
or (2) Any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
Variance - is a grant of relief to a person from the requirement of this ordinance when
s�ecific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this
ordinance. (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)(51, (c1(4), (c1(10), (d1(3), (e)(21, (e)(4), or
r (e)(5) is presumed to be in violation until such time as that documentation is provided.
�, .. Water surface e%vation - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Section 7-185 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.
Section 7-186 Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for
the City of Grapevine, Texas," dated May 17, 1982, with accompanying flood
insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be a part of this
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article. The flood insurance study is on file in the Department of Public Works, 307
W. Dallas Road, Grapevine, Texas.
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Section 7-187 Establishment of development permit
A development permit shall be required to ensure conformance with the provisions of
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this article.
Section 7-188 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.
Section 7-189 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.
Section 7-190 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.
Section 7-191 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 city or any
official or employee thereof for any flood damages that result from reliance on this
article or any administrative decision lawfully made thereunder.
Section 7-192 Designation of the floodplain administrator
�,,, The city's public works director is hereby appointed the floodplain administrator to
administer and implement the provisions of this article and other appropriate sections
of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain
� ,�, management.
� � Section 7-193 Duties & 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 proposed building site,
including the placement of manufactured homes, will be reasonably safe from floodinq
and determine the proximity of the bui/ding site with the f/oodway.
(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 Natural Resources Conservation Commission,
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.
(8) When base flood elevation data has not been provided in accordance with
Section 7-186, 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 7-196.
(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
� v city'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
�, .:r point within the city.
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(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, the city may approve certain development in
Zones A1-30, AE, AH, on the city's FIRM which increases the water surface elevation
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Qf the base flood by more than one foot provided that the city first applies for a
conditional FIRM revision through FEMA.
Section 7-194 Permit procedures
(1) Application for a 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 nature, location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, fi/l, storage of materia/s, drainage
faci/ities and the location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
a. Elevation (in relation to mean sea level►, of the lowest floor lincluding
basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
c. A certificate from a registered professional engineer that the
� .; nonresidential floodproofed structure shall meet the floodproofing criteria of Section
7-196(b)(21;
d. Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Section
7-193(11.
(2) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this article and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury
� � of others;
d. The compatibility of the proposed use with existing and anticipated
,�,;� development;
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e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
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f. 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;
g. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable, expected
at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for
that area.
Section 7-195 Variance procedures
(1) The building code board of adjustment as established by the city shall hear
�a:� and render judgement on requests for variances from the requirements of this article.
(2) The building code board of adjustment 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.
(3) Any person or persons aggrieved by the decision of the building code board
of adjustment may appeal such decision to the V.A.T.C.S. Water Code, Section
16.311 .
(4) The floodplain administrator sha►I maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management Agency
upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the State Inventorv
of Historic Places without regard to the procedures set forth in the remainder of this
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article.
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(6) 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 7-194 (2) have been fully considered. As the
lot size increases beyond the one-half acre, the technical justification required for
issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this article,
the building code board of adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this article
(Section 7-182).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels duriny the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures
u.pon a determination that the proposed re�.air or rehabilitation will not �reclude 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.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief.
� � b. 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.
c. Any application to whom 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 2 (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.
(11) Variances may be issued by the city 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 7-195111-(9) are met,
and (ii) the structure or other development is protected by methods that minimize
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flood damages during the base flood and create no additional threats to public safety.
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Section 7-196 Provisions for flood hazard reduction
a. General standards
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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 buoyancv;
(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;
(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
��,� 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,
(71 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 Section 7-186, Section 7-19318), or Section 7-196(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 12) feet above the base flood elevation. A// new residentia/
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construction shall have an access e%vation at or above the base f/ood e%vation. No
residentialconstruction shallbe permitted in the floodway. A registered professional
engineer or land surveyor shall submit a certification to the floodnlain administrator
�,., that the standard of this subsection as pro�osed in Section 7-19411►a, 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)
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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 shall develop
and/or review structural desiqn, 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 which includes the specific elevation (in relation to mean sea levell to
which such structures are floodproofed shall be maintained by the Floodqlain
Administrator.
(3) Enclosures - new construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking of vehicles.
buifding access or storaae 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 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.
(4) Manufactured homes -
a. Require that all manufactured homes to be placed within Zone A on he
city'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 reauirement is in addition to applicable State and local
anchoring repuirements 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.�ark 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 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 city's FIRM that are not subject to the provisions of paragraqh (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 121 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, p/aced on stab/e soi/no more than ten (10l feet apart,
and be securely anchored to an adequately anchored foundation system to resist
flotation, cottapse, and lateral movement.
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(5) Recreational vehicles - RecLuire that recreational vehicles qlaced on sites
within Zones A1-30 AH and AE on the city'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 rec�uirements of Section 7-194(1), and the elevation and anchoring
requirements for "manufactured homes" in paragraph (41 of this section. A
recreational vehicle is ready for highway use if it is on its wheels or jacking svstem,
is attached to the site only by c�uick 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 7-181, 7-182, and 7-183 of
this article.
(2) All proposals for the development of subdivisions including the placement
of manufactured home parks and subdivisions shall meet Development Permit
u requirements of Section 7-187; Section 7-194 and the provisions of Section 7-196
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.
(4) All subdivision proposals including the placement of manufactured home
���� parks and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(5) 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.
(dl Standards for areas of shallow flooding (AO/AH zones)
Located within the areas of special flood hazard established in Section 7-186, are
areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel does
not exist and where the path of ftooding 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 above 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 specifiedl.
(2) All new construction and substantial improvements of non-residential
structures shall;
(i) have the lowest floor (including basement) elevated above 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 specifiedl, or;
(ii) together with attendant utility and sanitary facilities be designed so
that below 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 of effects of buoyancy.
(3) A registered professional engineer shall submit a certification to the
floodplain administrator that the standards of this Section, as proposed in Section 7-
194(1)a, 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.
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(e) Floodways
Floodways - located within areas of special flood hazard established in Section 7-186,
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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 unl s
it has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard enqineerinqpractice that the proposed encroachment would
not result in any increase in flood levels within the city during the occurrence of the
base flood discharqe.
(2) If Section 7-196(e)11) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of Section 7-196.
Section 7-197 Penalty for violation
Any person vio/ating any of the provisions of this artic% sha//be deemed gui/ty of a
misdemeanor and, upon conviction thereof, sha//be fined in a sum not to exceed two
hundred do/lars (�200.001 and a separate offense sha//be deemed committed upon
�.,.,. each day during or on which a vio/ation occurs or continues after the notice period
provided herein has expired. The court sha// order remova/ and abatement of the
nuisance.
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