(a) 
Construction practices of earth-filling and earth-excavating on lots and land tracts to elevate the land above local flooding threats, or to divert existing runoff patterns, often disrupt the natural or existing historical drainage patterns onto and off of neighboring lots or land tracts.
(b) 
All development within the city affects the special flood hazard areas, because all lands in the city drain to streams that flow through special flood hazard areas as defined by national flood insurance maps for the community of Lufkin.
(c) 
Mitigation of increased runoff for all development in the city is necessary and critical in order to protect the health, safety, and welfare of the citizenry generally and to further FEMA objectives.
(1995 Code, sec. 150.185; Ordinance 3323 adopted 6/16/1998)
The city has a substantial governmental interest in requiring and enforcing mitigation regulations. These regulations will benefit all property owners in the city and will be applied proportionately in accordance with scientific methodology. It is the purpose of this article to promote the public health, safety and general welfare by implementing provisions designed to:
(1) 
Minimize public and private costs associated with flooding in residential and business areas by reducing flooding conditions in the city through more effective methods of developed runoff mitigation;
(2) 
Provide protection to citizens from certain uncontrolled actions of others that may negatively impact the value of private property;
(3) 
Protect development inside and outside special flood hazard areas from the cumulative effect of development in the city at large;
(4) 
Reduce the proliferation of small, local detention ponds;
(5) 
Help enhance an increasing, stable tax base by offering the option of replacing small, local detention on valuable uplands with space in large regional detention in lower value lowlands.
(1995 Code, sec. 150.186; Ordinance 3323 adopted 6/16/1998)
In order to accomplish its purpose, this article uses the following methods:
(1) 
Require all development to mitigate the effects of increased runoff created by said development;
(2) 
Require a conditional development permit for all lot and land filling, and excavation or runoff barrier construction;
(3) 
Commit regional detention space to initiate the alleviation of existing flooding;
(4) 
Where applicable and available, offer regional detention space for development projects as an alternative to small local detention ponds.
(1995 Code, sec. 150.187; Ordinance 3323 adopted 6/16/1998)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Acre-foot.
The volume of space equivalent to 12 inches (one foot) of water on one acre of land.
Detention facilities.
Include but are not limited to basins, ponds, restricted-outlet ditches, depressed grading and/or paving, pipes, channels, and floodplains that cause rainfall runoff to leave an area more slowly than it otherwise would.
Development.
All construction on land that creates new surface disturbances that result from filling, excavating or surfacing activities on the land. For purposes of this article, “development” does not include adding a floor to a building, building on an existing slab, replacing an existing slab, replacing an existing slab or pavement with a new slab or pavement of the same size at existing grades, or other activities that do not change the amount of impervious cover on the land or the grades of said land or surfaces.
Development permit.
A formal document, approved by the city engineer or his or her designee, issued by the city, permitting construction of the project applied for, including but not limited to a building permit, development permit, approved and signed construction plans and specifications, or developer agreement.
Equivalent impervious area.
The area of impervious land equal in new runoff potential to a mixture of pervious and impervious land that is larger in total area.
Flood or flooding.
A general and temporary condition of partial or complete inundation of normally dry land area.
Impervious areas.
Areas of land or other surfaces that intercept rainfall, preventing it from being absorbed into that surface.
Local detention.
A detention feature built within the property lines of a proposed or existing development for the purpose of mitigating only the developed runoff from that development.
Mitigation.
Employment of physical or management means of limiting the impact of development upon the existing surroundings; limiting the effects of increased runoff due to development activities.
Official benchmark.
Any formally installed monument placed at a known elevation above mean sea level in reference to the NAD 83 State Plane Coordinate System that is accepted by the city. Monument locations will be provided by the city engineering department.
Public drainageway.
Any channel, pipe, ditch, swale, street, paved way, creek, or river which clearly lies within the public domain as a legal right-of-way, easement, public fee title in agency having jurisdiction, or historically incontestable public prescriptive right, and which bears no reasonable risk of individual private proscription.
Regional detention.
Detention that is effective over an area of land that includes more than one development project.
Replacement detention.
Detention of developed runoff at a site other than the site responsible for increasing runoff.
Special flood hazard area.
The land in the floodplain within a community subject to a 1% chance of flooding in any given year, according to published national flood rate insurance maps.
Water surface elevation.
The height above mean sea level, in relation to the NAD 83 State Plane Coordinate System (or any other datum specified), of floods of various magnitudes.
(1995 Code, sec. 150.188; Ordinance 3323 adopted 6/16/1998)
Any person, firm or corporation who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall build in violation of any detailed statement or specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively, be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $2,000.00, and each and every day that such violation or noncompliance shall exist shall be deemed a separate offense. If any person, firm or corporation violates any of the provisions of this article or fails to comply herewith, the city, in addition to imposing the criminal penalties provided herein, may additionally institute any appropriate civil or criminal actions or proceedings allowed by law to prevent, restrain, correct, or abate any illegal act, conduct, business, or use in or about any land within its jurisdiction.
(1995 Code, sec. 150.999(B); Ordinance 3323 adopted 6/16/1998)
(a) 
The city engineer, or his designee, is hereby authorized to administer and implement the provisions of this article and other appropriate regulations and standards pertaining to flood hazard reduction in the city.
(b) 
Duties and responsibilities of the administrator or his or her designee shall include, but not be limited to, the following: establish within the intent and purposes of this article the criteria, standards, and procedures for administration and enforcement of drainage and flood mitigation for all development, including but not limited to the implementation of a system for approving and issuing development permits.
(1995 Code, sec. 150.189; Ordinance 3323 adopted 6/16/1998)
(a) 
Development permit required.
A development permit is required for all development in accordance with this article.
(b) 
Permit procedures.
(1) 
Development permits required by this article for all development projects within the city shall be reviewed only after application is made on a form provided by the administrator or his or her designee, including, but not limited to, a site plan prepared by a registered engineer or surveyor depicting existing and proposed site improvements and a drainage plan with elevations based upon official benchmarks. The required drainage plan shall provide for delivery of the design event runoff from the project property to a public drainageway easement or drainage or street right-of-way, including provisions for acceptance, mitigation, and conveyance of excess runoff created by the proposed development. Building permits and signed, approved formal engineered plans and specifications shall also qualify as development permits.
(A) 
Provisions must be made for constructing mitigation of rainfall runoff rates in excess of historical runoff rates for all projects in accordance with the city’s drainage criteria manual.
(B) 
For those projects electing replacement detention mitigation by reserving space in a regional detention basin, the development permit application must include a detailed engineering report that demonstrates the runoff mitigation equivalence of replacement detention in a regional detention basin to local or on-site mitigation. This report will form the basis for negotiation that will result in a development agreement between the city and the developer. Execution of the development agreement by the developer and the city manager or his or her designee will complete the requirements for a development permit when replacement detention, available in a regional detention basin, is elected. Existing small local detention ponds may be abandoned only if an acceptable plan for replacement detention in a regional detention basin is submitted in accordance with this article and a development agreement is executed. Cost shall be based on the low bid of at least two bidders for the excavation and transport of material from the regional detention facility at the time of the agreement.
(2) 
Approval or denial of a development permit by the administrator or his or her designee will be based on the following factors:
(A) 
Risk of localized flooding posed to existing development;
(B) 
Access limitations to the proposed development in times of flooding, including but not limited to requirements of the emergency management director;
(C) 
Risk of flood damage to the proposed project;
(D) 
Cost of services to the proposed development during and after flooding;
(E) 
Availability of alternatives to the proposed project;
(F) 
Level of mitigation provided by the proposed development;
(G) 
Relationship of the development to the zone of influence of the local regional detention facility. The zone of influence shall be as defined by the city engineer for each regional facility.
(c) 
Variances.
The city council shall hear and render judgment on requests for variances from the requirements of this article when there is an alleged error in any requirement, decision, or determination made by the administrator in the enforcement or administration of this article which contravenes the intent of this article, including but not limited to unique site characteristics, timing of proposed development, or conflicts with existing contracts.
(1995 Code, sec. 150.190; Ordinance 3323 adopted 6/16/1998; Ordinance 417 adopted 6/15/1999)
All project proposals under this article in the city shall meet the following standards:
(1) 
The city’s drainage criteria manual;
(2) 
Master drainage plans for Cedar Creek, Hurricane Creek, and Mill Creek;
(3) 
Existing and approved local area drainage plans not superseded by subsection (1) above;
(4) 
Standard practices and published records and methodology known to established and qualified practitioners of hydrology and hydraulics;
(5) 
Rules, regulations, and procedures issued by the administrator designated herein in accordance with the plans, studies, and methodology listed above.
(1995 Code, sec. 150.191; Ordinance 3323 adopted 6/16/1998)
This article shall apply to all areas of land within the incorporated limits of the city and the city’s extraterritorial jurisdiction (ETJ) in accordance with the city’s subdivision ordinance, and as allowed by law.
(1995 Code, sec. 150.192; Ordinance 3323 adopted 6/16/1998)
The flood protection practices required by this article are considered reasonable for regulatory purposes and are based on scientific and engineering considerations. Floods greater than design floods may occur, and flood depths may be increased by man-made or natural causes. This article does not imply that all lands intended to be protected will be free from floods 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 hereunder.
(1995 Code, sec. 150.193; Ordinance 3323 adopted 6/16/1998)
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 by the city charter or state, federal or other applicable law or regulation.
(1995 Code, sec. 150.194; Ordinance 3323 adopted 6/16/1998)
No structure or land shall hereafter be located, altered, or have its hydrologic or hydraulic nature changed without full compliance with the terms of this article and all other applicable regulations.
(1995 Code, sec. 150.195; Ordinance 3323 adopted 6/16/1998)