(a)
Statutory authorization.
The legislature of the state has
in the Flood Control Insurance Act, Texas Water Code, section 16.315,
delegated the responsibility of local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the city
council does ordain as follows.
(b)
Findings of fact.
(1)
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, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public health,
safety and general welfare.
(2)
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.
(c)
Statement of purpose.
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.
(d)
Methods of reducing flood losses.
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.
(Ordinance 2008-09-15-03, art. 1, adopted 9/15/08)
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.
Appurtenant structure.
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.
Area of shallow flooding.
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.
Area of special flood hazard.
Is 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.
Base flood.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
Base flood elevation (BFE).
The elevation 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 indicates the water surface
elevation resulting from the flood that has a 1-percent chance of
equaling or exceeding that level in any given year - also called the
base flood.
Basement.
Any area of the building having its floor subgrade (below
ground level) on all sides.
Breakaway wall.
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.
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 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.
Elevated building.,
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.
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.”
Existing manufactured home park or subdivision.
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.
Expansion to an existing manufactured home park or subdivision.
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).
Flood elevation study.
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.
Flood insurance rate map (FIRM).
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.
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.
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
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.
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.
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 ship building 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 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
or 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
or 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.
Manufactured home.
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.”
Mean sea level.
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.
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.
New manufactured home park or subdivision.
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.
Recreational vehicle.
A vehicle which is:
(1)
Built on a single chassis;
(2)
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.
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.
Riverine.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
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
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.
Structure.
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.
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 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 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:
(1)
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
(2)
Any alteration of a “historic
structure,” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure.”
Variance.
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.)
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 is presumed to be in violation
until such time as that documentation is provided.
Water surface elevation.
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 2008-09-15-03, art. 2, adopted 9/15/08)
(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 the areas
of special flood hazard.
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” Revised January 22, 2020, with accompanying
flood insurance rate maps and/or flood boundary-floodway maps (FIRM
and/or FBFM) revised January 22, 2020, 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, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(f)
Interpretation.
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.
(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 community or any official
or employee thereof for any flood damages that result from reliance
on this article or any administrative decision lawfully made hereunder.
(Ordinance 2008-09-15-03, art. 3, adopted 9/15/08; Ordinance 2020-02-18-02 adopted 2/18/20)
(a)
Designation of the floodplain
administrator.
The city engineer
is hereby appointed the floodplain administrator to administer and
implement the provisions of this article and other appropriate sections
of 44 CFR (Emergency Management and Assistance - National Flood Insurance
Program Regulations) pertaining to floodplain management.
(b)
Duties and responsibilities of
the 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 to ensure that the proposed building site project, 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 the Texas Water
Development Board (TWDB), and the Texas Commission on Environmental
Quality (TCEQ), 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
24.03.003(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
24.03.005.
(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, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by section 65.12.
(c)
Permit procedures.
(1)
Application for a development permit
shall be presented to the floodplain administrator on forms furnished
by him/her and may include, but not be limited to, plans in duplicate
drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, 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
24.03.005(b)(2).
(D) Description of the extent
to which any watercourse or natural drainage will be altered or relocated
as a result of proposed development.
(E) Maintain a record of all such information in accordance with subsection
(b)(1);
(2)
Approval or denial of a floodplain
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.
(J) The relationship of
the proposed use to the comprehensive plan for that area.
(d)
Variance procedures.
(1)
The city board of adjustment (board)
shall hear and render judgment on requests for variances from the
requirements of this article.
(2)
The board 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 floodplain administrator in
the enforcement or administration of this article.
(3)
Any person or persons aggrieved by
the decision of the board may appeal such decision in the courts 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
article.
(6)
Variances may be issued for new construction and substantial improvements to be erected on a lot of 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) have been fully considered. As the lot size increases beyond the 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 may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section
24.03.001(c)).
(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:
(i) Showing a good and sufficient
cause;
(ii) A determination that
failure to grant the variance would result in exceptional hardship
to the applicant; and
(iii) A determination that
the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(C) Any application to which
a variance is granted shall be given written notice that the structure
will be permitted to be built with the 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:
(A) The criteria outlined in subsections
(d)(1) through
(9) are met; and
(B) The structure or other
development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
(Ordinance 2008-09-15-03, art. 4, adopted 9/15/08; Ordinance 2020-02-18-02 adopted 2/18/20)
(a)
General standards.
In all areas of special flood hazards the
following provisions are required for all new construction and substantial
improvements:
(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
24.03.003(b), section
24.03.004(b)(8), or subsection
(c)(3), 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 a minimum of one foot 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
24.03.004(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 a minimum of one foot 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, and shall certify that the design
and methods of construction are 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
on separate walls having a total net area of not less than 1 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 1 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 (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) 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 with zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of subsection
(4) of this section be elevated so that either:
(i) The lowest floor of
the manufactured home is a minimum of one foot 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 be 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:
(A) Be on the site for fewer
than 180 consecutive days;
(B) Be fully licensed and
ready for highway use; or
(C) Meet the permit requirements of section
24.03.004(c)(1), and the elevation and anchoring requirements for “manufactured homes” in subsection
(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.
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(c)
Standards for subdivision proposals.
(1)
All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with section
24.03.001(b),
(c), and
(d) of this article.
(2)
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of section
24.03.003(c), section
24.03.004(c) and the provisions of section
24.03.005 of this article.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section
24.03.003(b) or section
24.03.004(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
24.03.003(b), are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths 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; 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 2 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 2 feet if no depth number is specified); or
(B) Together with attendant
utility and sanitary facilities be designed so that below the base
specified flood depth in an AO zone, or below the base flood elevation
in an AH zone 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
24.03.004(c) are satisfied.
(4)
Require within zones AH or AO adequate
drainage paths around structures on slopes, to guide floodwaters around
and away from proposed structures.
(e)
Floodways.
Located within areas of special flood hazard established in section
24.03.003(b), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1)
Encroachments are prohibited, including
fill, new construction, substantial improvements and other development
within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(2)
If subsection
(e)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3)
Under the provisions of 44 CFR chapter
1, section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by section 65.12.
(f)
Zone A.
In all areas of special flood hazard where base flood
elevations have not been established (zone A), the following provisions
shall apply;
(1)
All new construction and substantial
improvements of residential structures have the lowest floor (including
basement) elevated 2 or more feet above the highest adjacent grade.
(2)
All new construction and substantial
improvements of nonresidential structures:
(A) Have the lowest floor
(including basement) elevated 2 or more feet above the highest adjacent
grade; or
(B) Together with attendant
utility and sanitary facilities be designed so that below the base
specified flood depth in an AO zone, or below the base flood elevation
in an AH zone, 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
24.03.004(c) are satisfied.
(Ordinance 2008-09-15-03, art. 5, adopted 9/15/08)
Any construction, modification, improvement,
land cut or fill violation of this article is hereby declared a public
nuisance and the continuation of such activity may be enjoined by
a court of competent jurisdiction.
(Ordinance 2008-09-15-03, art. 6, adopted 9/15/08)
Whenever the standards and specifications
in this article conflict with those contained in another ordinance,
the most stringent or restrictive provision shall govern.
(Ordinance 2008-09-15-03, art. 7, adopted 9/15/08)
No structure or land shall hereafter
be constructed, located, extended, converted, or altered without full
compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article by failure to comply with
any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this article or fails to comply with any of
its requirements shall upon conviction thereof be fined not more than
$500.00 for each violation, and in addition shall pay all costs and
expenses involved in the case. Each day that such violation continues
shall be a separate offense. Nothing herein contained shall prevent
the city from taking such other lawful action as is necessary to prevent
or remedy any violation.
(Ordinance 2008-09-15-03, art. 9, adopted 9/15/08)