The legislature of the state has in the Flood Control Insurance
Act, Texas Water Code, section 16.315, delegated the responsibility
to local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the city council does ordain as follows.
(1987 Code, ch. 3, sec. 11A; 2001
Code, sec. 3.1001; Ordinance 2511-432, art. 1, sec. A, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
(a)
The flood hazard areas of 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.
(b)
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(1987 Code, ch. 3, sec. 11B; 2001
Code, sec. 3.1002; Ordinance 2511-432, art. 1, sec. B, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
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)
Ensure that potential buyers are notified that property is in
a flood area.
(1987 Code, ch. 3, sec. 11C; 2001
Code, sec. 3.1003; Ordinance 2511-432, art. 1, sec. C, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
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.
(1987 Code, ch. 3, sec. 11D; 2001
Code, sec. 3.1004; Ordinance 2511-432, art. 1, sec. D, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
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 structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
The land area that would be inundated by the 1-percent annual
chance (100-year) flood based on future conditions hydrology.
A 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.
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.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
The elevation shown on the flood insurance rate map (FIRM)
and found in the accompanying flood insurance study (FIS) for zones
A, AE, AH, A1-A30, AR, VI-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year- also called base flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any man-made 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.
For insurance purposes, a nonbasement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
For the purposes of determining 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 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.
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.
See "flood elevation study."
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
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.
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.
See "regulatory floodway."
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
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
[of the Interior] to qualify as a registered historic district;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A man-made 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
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.
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
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.
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.
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.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See "area of special flood hazard."
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.
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.
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.
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:
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
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 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.)
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 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.
(1987 Code, ch. 3, sec. 11E; 2001
Code, sec. 3.1005; Ordinance 2511-432, art. 2, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
(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 Bastrop County,
Texas and Incorporated Areas," dated May 9, 2023, with accompanying
flood insurance rate maps and/or flood boundary-floodway maps (FIRM
and/or FBFM) dated May 9, 2023, and any revisions thereto, are hereby
adopted by reference and declared to be a part of this article.
(c)
Establishment of development permit.
A floodplain
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.
(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 man-made 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.
(1987 Code, ch. 3, sec. 11F; 2001
Code, sec. 3.1006; Ordinance 2511-432, art. 3, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
(a)
Designation of floodplain administrator.
The building
official 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 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 also 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 3.04.006(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 3.04.008.
(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 1 foot, provided that the community first completes all of the provisions required by section 65.12.
(c)
Permit procedures.
(1)
Application for a floodplain 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 3.04.008(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 section 3.04.007(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.
(d)
Variance procedures.
(1)
The city council shall hear and render judgment on requests
for variances from the requirements of this article.
(2)
The city council 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 city
council 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) of this section 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 city council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 3.04.003).
(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, or extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
(C)
Any applicant 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:
(1987 Code, ch. 3, sec. 11G; Ordinance
adopting 2001 Code; 2001 Code, sec. 3.1007; Ordinance 2511-432, art. 4, adopted 11/14/05; Ordinance adopting 2020 Code; Ordinance 2023-632 adopted 4/10/2023)
(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 3.04.006(b), section 3.04.007(b)(8), or subsection (c)(3) of this section, the following provisions are required:
(1)
Residential construction.
New construction and substantial improvements 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 3.04.007(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, 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 being 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 (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
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 (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of section 3.04.007(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.
(c)
Standards for subdivision proposals.
(2)
All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet the floodplain development permit requirements of section 3.04.006(c) and section 3.04.007(c) and the provisions of this section.
(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 3.04.006(b) or section 3.04.007(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 3.04.006(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 to
or above the base flood elevation or 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 to or above
the base flood elevation or 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 subsection, as proposed in section 3.04.007(c) 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.
(e)
Floodways.
Located within areas of special flood hazard established in section 3.04.006(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.
(1987 Code, ch. 3, sec. 11(H); 2001
Code, sec. 3.1008; Ordinance 2511-432, art. 5, secs. A–E, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
If any section, clause, sentence, or phrase of this article
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
(Ordinance 2023-632 adopted 4/10/2023)
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 according to city ordinance,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation.
(Ordinance 2511-432, art. 5, sec.
G, adopted 11/14/05; Ordinance 2023-632 adopted 4/10/2023)
