The legislature of the state has in section 16.315 of the Texas
Water Code delegated the responsibility and authority to local government
units to adopt regulations designed to minimize flood losses.
(Ordinance 613-10 adopted 3/8/10)
(a)
The
flood hazard areas of the city are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
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.
(Ordinance 613-10 adopted 3/8/10)
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;
(2)
Minimize
expenditures of public money for costly flood control projects;
(3)
Minimize
the need for rescue and relief efforts associated with flooding and
expenses associated with those relief efforts;
(4)
Minimize
prolonged business interruptions;
(5)
Minimize
damage to public facilities and utilities such as water and gas mains;
electric, telephone, and sewer lines; and streets and bridges located
in floodplains;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of floodprone areas and minimizing future flood blight areas; and
(7)
Insure
that potential buyers are afforded proper notice if a property is
located in a floodprone area.
(Ordinance 613-10 adopted 3/8/10)
In order to accomplish its purpose, this article uses the following
methods:
(1)
Restricts
or prohibits uses that are dangerous to health, safety, or property
in times of flood, or cause excessive increases in flood heights or
velocities;
(2)
Requires
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3)
Controls
the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of floodwaters;
(4)
Controls
filling, grading, dredging, and other development which may increase
flood damage; and
(5)
Prevents
or regulates the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 613-10 adopted 3/8/10)
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.
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.
A request for a variance or a request for a review of the
building inspector’s interpretation of any provision of this
article.
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.
The land area that would be inundated by the 1-percent-annual
chance (100-year) flood based on future conditions hydrology.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s
flood insurance rate map (FIRM), with a 1-percent or greater annual
chance of flooding to an average depth of 1 to 3 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.
The land in the floodplain within a community subject to
a 1-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, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or
V.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
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-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year. Also referred to as the
base flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any manmade 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.
For insurance purposes, a nonbasement building, which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
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.
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.
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).
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e. mudflow)
and/or flood-related erosion hazards.
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.
See flood elevation study.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
Any combination of structural and nonstructural 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.
See regulatory floodway.
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. The term does not include long-term storage
or related manufacturing facilities.
Any floor usable for the following purposes: working, sleeping,
eating, cooking, recreation, or any combination thereof. A floor used
for storage purposes only is not a habitable floor.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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
[of the Interior] to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A manmade 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.
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.
The lowest floor of the lowest enclosed area (including a
basement). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement 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 nonelevation design requirements of
section 60.3 of the National Flood Insurance Program regulations.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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. The term 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.
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.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
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.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See area of special flood hazard.
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: (1) 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 (2) the placement of a manufactured home on a foundation. Permanent
construction does not include any of the following: land preparation,
such as clearing, grading, or filling the installation of streets
and/or walkways; excavation for basements, 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.
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.
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.
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:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure’s continued designation as a
historic structure.
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.)
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)
of the National Flood Insurance Program regulations is presumed to
be in violation until such time as that documentation is provided.
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.
(Ordinance 613-10 adopted 3/8/10)
(a)
This
article shall apply to all tracts of land proposed for development
within the jurisdiction of Navasota, Texas.
(b)
Exceptions.
The following uses shall be exempt from
the permitting requirements of this article but must otherwise meet
all of the requirements of this article:
(1)
Customary and incidental grounds maintenance, landscaping, and gardening.
(2)
Improvements by a homeowner on property used as the owner’s
principal residence where that property lies outside of the designated
area of special flood hazard.
(3)
Uses by a landowner of their property for bona fide agricultural
purposes where the property lies outside of the designated area of
special flood hazard.
(Ordinance 613-10 adopted 3/8/10)
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 Navasota,
Texas, Grimes County,” dated April 3, 2012, 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 article.
(Ordinance 667-12 adopted 2/27/12)
A development permit shall be required to ensure conformance
with provisions of this article.
(Ordinance 613-10 adopted 3/8/10)
No structure or land within an area of special flood hazard
shall hereafter be located, altered or have its use changed without
full compliance with the terms of this article and other applicable
regulations.
(Ordinance 613-10 adopted 3/8/10)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another article, ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(Ordinance 613-10 adopted 3/8/10)
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.
(Ordinance 613-10 adopted 3/8/10)
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 manmade or natural
causes. This article does not imply that land outside the area of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damage. This article shall not create liability
on the part of the city or any officer or employee thereof for any
flood damage that results from reliance on this article or any administrative
decision lawfully made hereunder.
(Ordinance 613-10 adopted 3/8/10)
