The legislature of the state has, in Texas Water Code, section
16.311 et seq., delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Now,
therefore, be it ordained by the city council that the city does ordain
as follows.
(1986 Code, ch. 3, sec. 8:A)
(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,
disruption of commerce and governmental services, 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.
(b)
These
flood losses are caused 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.
(1986 Code, ch. 3, sec. 8:B)
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.
(1986 Code, ch. 3, sec. 8:C)
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; and
(5)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(1986 Code, ch. 3, sec. 8:D)
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.
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 review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
A designated AO, AH, or VO zone on a community’s flood
insurance rate map (FIRM) with a one-percent chance or greater annual
chance of flooding 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.
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 zone A, AE, AH, AO, A1-99, VO,
V1-30, VE or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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 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.
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 zones 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 meet
the standards of section 60.3(e)(5) of the National Flood Insurance
Program regulations.
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 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. The report contains flood profiles and the water surface elevation
of the base flood, as well as the flood boundary-floodway map.
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
areas within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such 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.
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
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.
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
to qualify as a registered historic district;
Individually listed on 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 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 non-elevation design requirement 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
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.
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.
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.
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 manufactured 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 building, whether or not that alteration
affects the external dimensions of the building.
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-damage 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 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 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 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.)
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 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.
(1986 Code, ch. 3, sec. 8:E)
(a)
Lands to which this article applies.
This article shall
apply to all areas of special flood hazard within the jurisdiction
of the city.
(b)
Basis for establishing 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 City of Cameron, Texas,” dated July
24, 1991, 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.
(c)
Establishment of development permit.
A development permit
shall be required to ensure conformance with the provisions of this
article.
(d)
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.
(e)
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 conflict or overlap, whichever imposes the more stringent
restriction shall prevail.
(g)
Warning and disclaimer of 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 manmade 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 officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
(1986 Code, ch. 3, sec. 8:F)
(a)
Designation of floodplain administrator.
The city manager
is hereby appointed the floodplain administrator to administer and
implement the provisions of this article and other appropriate sections
of 44 CFR (the National Flood Insurance Program Regulations) pertaining
to floodplain management.
(b)
Duties and responsibilities of 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 applications to determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding.
(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 state commission on environmental quality,
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 3.12.006(b), 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 3.12.008.
(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 community’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 point within the community.
(10)
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, and AH on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.
(c)
Permit procedures.
(1)
Application for a development permit shall be presented to the floodplain
administrator on forms furnished by him and may include, but is not
to be limited to, plans in duplicate drawn to scale showing the location,
dimensions and elevation of proposed landscape alterations, existing
and proposed structures, 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 (including
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 or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 3.12.008(b)(2); and
(D)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
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A record of all such information shall be maintained in accordance with section 3.12.007(b)(1).
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(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;
(E)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(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 floodwaters 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; and
(J)
The relationship of the proposed use to the comprehensive plan for
that area.
(d)
Variance procedures.
(1)
The board of adjustment (appeal board) as established by the city
shall hear and render judgment on requests for variances from the
requirements of this article.
(2)
The board of adjustment shall hear and render judgment on an appeal
only when it is alleged there is an error in any requirement, decision
or determination made by the city manager in the enforcement or administration
of this article.
(3)
Any person or persons aggrieved by the decision of the board of adjustment
may appeal such decision in a court of competent jurisdiction.
(4)
The floodplain administrator shall 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 inventory of historic places, without regard to
the procedures set forth in the remainder of this section.
(6)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) 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 subsection (c)(2) of this section have been fully considered. As the lot size increases beyond one-half (1/2) 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 board of adjustments may attach such conditions to the
granting of variances as it deems necessary to further the purpose
and objectives of this article.
(8)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9)
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude 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 a showing of good and sufficient
cause, a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and a determination that
the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances; and
(C)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below 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 a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
(1986 Code, ch. 3, sec. 8:G)
(a)
General standards.
(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 buoyancy;
(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
minimize or eliminate infiltration of floodwaters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharge from the systems into floodwaters; and
(7)
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 3.12.006(b), section 3.12.007(b)(8), or subsection (c)(3) of this section, 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 or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in section 3.12.007(c)(1)(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 or above the base flood level or, 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 and effects
of buoyancy. A registered professional engineer or architect shall
develop and/or review structural design, specifications, and plans
for the construction 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 level) to
which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3)
Enclosures.
New construction and substantial improvements
with fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage 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 architect 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
a community’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 requirement is in addition to applicable state
and local anchoring requirements for resisting wind forces.
(B)
Require that manufactured homes that are placed or substantially
improved within zones A1-30, AH, and AE on the community’s FIRM
on sites (1) outside of a manufactured home park or subdivision, (2)
in a new manufactured home park or subdivision, (3) in an expansion
to an existing manufactured home park or subdivision, or (4) 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 or 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 to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of subsection (b)(4) of this section be elevated so that either:
(i)
The lowest floor of the manufactured home is at or 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 and is securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(5)
Recreational vehicles.
Require that recreational vehicles placed on sites within zones A1-30, AH and AE on the community’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 requirements of section 3.12.007(c)(1) and the elevation and anchoring requirements for manufactured homes in subsection (b)(4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
(c)
Standards for subdivision proposals.
(2)
All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet the development permit requirements of section 3.12.006(c) and section 3.12.007(c), and the provisions of this section.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.12.006(b) or section 3.12.007(b)(8) of this article.
(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.
(d)
Standards for areas of shallow flooding (AO/AH zones).
Located within the areas of special flood hazard established in section 3.12.006 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 flooding 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 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 specified).
(2)
All new construction and substantial improvements of nonresidential
structures:
(A)
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 specified); or
(B)
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 or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 3.12.007(c)(1), are satisfied.
(4)
Require within zone AH or AO adequate drainage paths around structures
on slopes, to guide floodwaters around and away from proposed structures.
(1986 Code, ch. 3, sec. 8:H)
