The legislature of the State has, in Vernon’s Texas Civil
Statutes (V.T.C.A., Water Code, sections 16.315 to 16.318), delegated
the responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the Town does ordain
as follows.
(1971 Code, sec. 7 1/2-1)
(a) The
flood hazard areas of the Town 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.
(1971 Code, sec. 7 1/2-2)
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
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.
(1971 Code, sec. 7 1/2-3)
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 or
velocities;
(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 floodwaters;
(4) Control
filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(1971 Code, sec. 7 1/2-4)
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 article its most reasonable application.
Alluvial fan flooding.
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.
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.
Area of shallow flooding.
A designated AO, AH, or VO zone on a community’s flood
insurance rate map (FIRM), subject to a one (1) percent or greater
chance of flooding in any given year, to an average depth of one (1)
to three (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.
Area of special flood hazard.
The land in the floodplain within a community that is subject
to a one (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). Zone A usually is refined into zones A, AE, AH, AO, A1-99,
VO, V1-30, VE and V.
Base flood.
The flood having a one (1) percent or greater chance of being
equaled or exceeded in any given year.
Basement.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Critical feature.
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.
Any manmade 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.
A nonbasement building (i) built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or in the case of a building in zone V1-30,
VE, or V, to have the bottom of the lowest horizontal structural member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow 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 floodwaters. In the case of zone 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 by means of breakaway walls, if the breakaway walls met the
standards of section 60.3(e)(5) of the National Flood Insurance Program
regulations.
Existing construction.
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.”
Flood insurance rate map (FIRM).
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
Flood insurance study.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles and the water surface elevation
of the base flood, as well as the flood boundary-floodway map.
Flood or flooding.
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.
Floodplain management.
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.
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.
Floodproofing.
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.
Flood protection system.
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.
Floodway (regulatory floodway).
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.
Functionally dependent use.
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 shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Highest adjacent grade.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Historic structure.
Any structure that is:
(1)
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;
(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 of the 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.
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.
Levee system.
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.
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 nonelevation design requirement of section
60.3 of the National Flood Insurance Program regulations.
Mean sea level.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to
which base flood elevations shown on a community’s flood insurance
rate map are referenced.
New construction.
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.
Recreational vehicle.
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
(3)
Designed to be self-propelled or permanently towable by a light-duty
truck; and
(4)
Designed primarily not for use as a permanent dwelling but as
temporary living quarters 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
one hundred eighty (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. 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 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.
Structure.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground.
Subdivision.
The division or alteration of any tract of land situated
within the corporate limits in two (2) or more parts for the purpose
of laying out any subdivision of any tract of land or any addition
to the Town, or for laying out or altering an existing building site
or any building sites, streets, alleys or parts or other portions
intended for public use or for the use of purchasers or owners of
lots fronting thereon or adjacent thereto, for the purpose, whether
immediate or future, of creating building sites. Subdivision includes
resubdivision or the alteration of established building sites composed
of all or portions of previously established lots or tracts.
Substantial damage.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty (50) percent of the market value of the structure
before the damage occurred.
Substantial improvement.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty (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 where the work to
be performed is limited to, and for the sole purpose of, correcting
any and all existing violations of State or local health, sanitary,
or safety code specifications which have been identified by the local
Code Enforcement Official; or
(2)
Any alteration of a historic structure, provided that the alteration
would not preclude the structure’s continued designation as
a historic structure.
Variance.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article. (For full requirements see section
60.6 of the National Flood Insurance Program regulations.)
Violation.
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.
Water surface elevation.
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.
(1971 Code, sec. 7 1/2-11)
The article shall apply to all areas of special flood hazard
within the jurisdiction of the Town.
(1971 Code, sec. 7 1/2-16)
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 Town of Highland
Park,” dated August 23, 2001, 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.
(1971 Code, sec. 7 1/2-17)
Development permits (floodplain permit, building permit) shall
be required to ensure conformance with the provisions of this article
and other applicable ordinances and regulations required.
(1971 Code, sec. 7 1/2-18)
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 Town ordinances and regulations.
(1971 Code, sec. 7 1/2-19)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another chapter, ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(1971 Code, sec. 7 1/2-20)
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.
(1971 Code, sec. 7 1/2-21)
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 areas of
special flood hazard 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.
(1971 Code, sec. 7 1/2-22)