The legislature of the state has, in Tex. Water Code, section
16.315, delegated the responsibility to local governmental units to
adopt regulations designed to minimize flood losses.
(Ordinance 2009-27 adopted 11/9/09)
(a)
The
drainageways, creeks and flood hazard areas of the city are subject
to periodic inundation that may result 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 that increase flood heights and velocities and by the
placement of structures and development of flood hazard areas by uses
vulnerable to floods and hazardous to other lands.
(c)
Development
of land can cause large quantities of soil to be displaced and transported
to downstream locations. Erosion can contaminate water supplies and
resources. A buildup of sediment degrades water quality, damages or
destroys valuable environmental resources and clogs watercourses,
which can cause flooding, thereby damaging public and private lands
and property.
(d)
Creeks
and floodplain areas are valuable resources deserving protection in
that they provide recreational opportunities, improve the aesthetics
of the community, convey stormwater runoff and filter some water quality
pollutants.
(Ordinance 2009-27 adopted 11/9/09)
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 and property;
(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 due to flooding
and erosion;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of floodprone areas in a manner as to minimize future floodprone areas;
(7)
Ensure
that potential buyers are notified that property is in an area of
special flood hazard;
(8)
Ensure
that those occupying special flood hazard areas assume responsibility
for their actions;
(9)
Minimize
development in floodplains to preserve the natural beauty and aesthetics
of the community;
(10)
Create a system of open space greenways for the benefit of the community
as described in the parkways and open space master plan;
(11)
Control and manage stormwater runoff, the sediment load and the pollutant
load from points and surfaces within developments; and
(12)
Establish a reasonable standard of design for development to minimize
potential flood and erosion damage.
(Ordinance 2009-27 adopted 11/9/09)
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 that 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 that are involved in the conveyance 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.
(Ordinance 2009-27 adopted 11/9/09)
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
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.
An area designated as AO, AH, AR/AO, AR/AH or VO on a community’s
flood hazard rate map with a 1 percent or greater chance of flooding
to a 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 of a community subject to a 1%
or greater chance of flooding in any given year. After detailed rate-making
has been completed, zone A usually is refined into zone 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 stormwater runoff for a drainage area with a 1% probability
of being equaled or exceeded in any year, also known as a 100-year
flood.
The elevation shown on the flood insurance rate map and found
in the accompanying flood insurance study for zone A, AE, AH, A1-30,
AR, V1-30, or VE that indicates the water surface elevation resulting
from the base flood.
A conditional letter of map revision consisting of the elements
required by the Federal Emergency Management Agency for prior approval
of a project in a special flood hazard area.
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 or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A non-basement building that is:
In the case of a building in zones A1-30, AE, A, A99, AO, AH,
B, C, X and D, [built] to have the top of the elevated floor, or,
in the case of a building in zone 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
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 44 CFR
60.3(e)(5) of the National Flood Insurance Program regulations.
Requires proposed floodplain alterations reducing stream
conveyance to allow a corresponding conveyance reduction on the opposite
stream bank. The right of equal conveyance applies to all owners and
uses and may be relinquished only by written agreement.
For the purposes of determining rates, structures for which
the “start of construction” commenced before the effective
date of the FIRM, or before these floodplain regulations, 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 initial effective date of
these floodplain regulations.
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.
The Federal Emergency Management Agency, charged with review
and approval of projects in special flood hazard areas.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map 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.
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 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.
Any land area susceptible to being inundated by water from
any source.
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, and any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Any combination of structural and non-structural 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.
The amount of stormwater runoff anticipated from a drainage
basin after full development based on the city comprehensive land
use map for a particular design storm frequency.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure:
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 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 that 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
the enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirement of 44 CFR 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. The specific definitions contained in V.T.C.A., Occupations
Code, chapter 1201, as amended, are hereby adopted by reference for
all purposes for this article.
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 1988, or other datum, to
which base flood elevations shown on a city’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 the initial FIRM or after December 31,
1974, whichever is later, including any subsequent improvements. For
floodplain management purposes, these are 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 structure improvements.
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 pouring
of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
A vehicle being:
Built on a single chassis;
Four hundred 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 recreation, 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, and manufactured homes.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before “start of construction”
of the improvement. This includes structures that have incurred “substantial
damage,” regardless of the actual repair work performed.
The term does not, however, include:
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 from the requirements of this article when
specific enforcement would result in an unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise
prohibited by this article. (For full requirements see 44 CFR 60.6
of the National Flood Insurance Program regulations.)
The failure of a structure or other development to be fully
compliant with the city’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required in 44
CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5)
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 1988 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(Ordinance 2009-27 adopted 11/9/09)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city and as determined by the city
floodplain administrator.
(Ordinance 2009-27 adopted 11/9/09)
(a)
The
areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled,
“Flood Insurance Study (FIS) Collin County, Texas and Incorporated
Areas” dated June 2, 2009, with accompanying flood insurance
rate maps dated June 2, 2009, or the most current approved version,
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.
(b)
The
areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled,
“Flood Insurance Study (FIS) Denton County, Texas and Incorporated
Areas” dated April 18, 2011, with accompanying flood insurance
rate maps dated April 18, 2011, or the most current approved version,
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.
(Ordinance 2011-16 adopted 3/14/11)
A floodplain development permit shall be required to ensure
conformance with the provisions of this article.
(Ordinance 2009-27 adopted 11/9/09)
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.
(Ordinance 2009-27 adopted 11/9/09)
(a)
This
article is not intended to repeal, abrogate or impair any existing
easements, covenants or deed restrictions.
(b)
However,
where this article and another ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ordinance 2009-27 adopted 11/9/09)
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.
(Ordinance 2009-27 adopted 11/9/09)
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 the 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 thereunder.
(Ordinance 2009-27 adopted 11/9/09)
