This chapter shall be known, and may be cited, as the Flood
Damage Prevention Ordinance of the City of Pflugerville, Texas.
(Ordinance 254-87-04-28, passed 4-28-87)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Terms not defined herein shall be construed in accordance
with customary usage.
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 from the requirements of this chapter
or for the review of an interpretation made by the Floodplain Administrator
of any provision of this chapter.
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 zone designated as AO, AH, or VO on a communitys flood
insurance rate map (FIRM) and having a 1% or greater chance of flooding
to an average depth of one to three feet in any given year. An area
of shallow flooding does not have a clearly defined channel, does
have an unpredictable path of flooding, may show evidence of a velocity
flow, and may have flooding characterized by ponding or sheet flow.
Any land situated in floodplain subject to a 1% or greater
chance of flooding in any given year. Such 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, AO, Al-99, VO,
V1-30, VE, or V.
A flood having a 1% chance of being equaled or exceeded in
any given year.
The elevations shown on the Flood Insurance Rate Map (FIRM)
and found in the accompanying Flood Insurance Study (FIS) for Zones
A, AE, AH, Al-A30, AR, V1-V30, or VE that indicated the water surface
elevation resulting from the flood that has a 1-percent chance of
equaling or exceeding that level in any given year.
Any area of a 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 or 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 of 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 flood insurance 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.
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 of the city.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
An official map of a community on which the Federal Emergency
Management Agency has delineated the boundaries of flood or mudslide
(i.e., mudflow) related erosion areas having special hazards and designated
such areas as Zones A, M, and/or E.
An official map of a community 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.
The official report provided by the Federal Emergency Management
Agency containing flood profiles, water surface elevation of the base
flood, as well as the flood boundary-floodway map.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
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.
Those physical structural works, such as hurricane tidal
barriers, dams, reservoirs, levees, or dikes, for which funds have
been authorized, appropriated, and expended and which have been constructed
in conformance with sound engineering standards specifically to modify
flooding and to reduce the extent of the areas within a community
subject to “special flood hazard” and the depths of associated
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.
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.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
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.
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, or preliminarily determined by the Secretary
of the Interior as meeting the requirements for individual listing,
in the National Register of Historic Places (a listing maintained
by the Department of the Interior);
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;
Individually listed on a state inventory of historic places
under any such program which has been approved by the Secretary of
the Interior;
A manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering standards, 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 of a building,
including the basement. An unfurnished 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 §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. For
flood plain management purposes, the term MANUFACTURED HOME also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes,
the term MANUFACTURED HOME does not include park trailers, travel
trailers, and other similar vehicles.
A parcel (or continuous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 FIRM are
referenced.
For the purpose of determining insurance rates, structures,
for which ”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; floodplain management, structures for which “start
of construction” commenced on or after the effective date of
a floodplain management regulation adopted by the city, 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 by the city.
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.
Flood related damage sustained by a structure on two separate
occasions during a 10-year period for which the cost of repairs at
the time of each such flood event, on the average, equals or exceeds
25% of the market value of the structure before the damage occurred.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
(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 of issuance of a building
permit, provided the actual start of construction, repair, reconstruction,
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 a 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;
the installation of streets and/or walkways; the excavation for basement,
footings, piers, or foundations or the erections of temporary forms;
nor the installation of on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of
the main structure.
A walled and roofed building situated principally above ground
and includes manufactured homes and gas or liquid storage tanks.
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% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: (1) before the improvement or repair is started,
or (2) if the structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition SUBSTANTIAL
IMPROVEMENT is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either (1) any
project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions, or (2) any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
Relief from the requirements of this chapter when specific
enforcement would result in unnecessary hardship, thereby permitting
construction or development in a manner otherwise prohibited by this
chapter. (For full requirements see §60.6 of the National Flood
Insurance Program regulations).
The failure of a structure or other development to be fully
in compliance with the community’s flood plain management regulations.
A structure or other development without an elevation certificate
or other required certifications or evidence of compliance, as required
in §§60.3 (b) (5), (c) (4), (c) (10), (d) (3), (e) (2),
(e) (4), or (e) (5) of the National Flood Insurance Program regulations,
are presumed to be in violation until such time as the required documentation
is obtained.
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 flood plains of coastal
or riverine areas.
(Ordinance 254-87-04-28, passed 4-28-87; Am. Ordinance 379-93-05-25, passed 5-25-93; Ordinance
970-08-10-14, passed 10-14-08; Ordinance 1180-14-06-24, § 1, passed 6-24-14)
The regulations set out in this chapter shall apply to all areas
of special flood hazard within the corporate limits of the city.
(Ordinance 254-87-04-28, passed 4-28-87)
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 Travis
County and Incorporated Areas,” dated August 18, 2014, with
accompanying flood insurance rate maps (FIRMs) dated August 18, 2014,
and any revisions thereto are hereby adopted by reference and declared
to be a part of this chapter.
(Ordinance 254-87-04-28, passed 4-28-87; Am. Ordinance 379-93-05-25, passed 5-25-93; Ordinance
970-08-10-14, passed 10-14-08; Ordinance 1180-14-06-24, § 2, passed 6-24-14)
No structure or tract of land shall hereafter be located, altered,
or have its use changed without full compliance with the provisions
of this chapter and other applicable regulations.
(Ordinance 254-87-04-28, passed 4-28-87 Penalty, see § 151.99)
(A)
In
interpreting and applying the provisions of this chapter, the provisions
shall be deemed to be minimum requirements, shall be liberally construed
in favor of the governing body, and shall be deemed neither to limit
nor repeal any other powers granted under state statutes.
(B)
It
is not intended by this chapter to interfere with, abrogate, or annul
any easements, covenants, or other agreements between parties, or
any statute, local ordinance, or regulation, except that, if this
chapter imposes a greater restriction or higher standards, this chapter
shall control.
(C)
The
degree of flood protection required by this chapter 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 chapter 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 chapter 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 chapter
or any administrative decision lawfully made thereunder.
(Ordinance 254-87-04-28, passed 4-28-87)
