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 (referred to herein as “Hutto”
or “city”) does ordain as follows.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
The
flood hazard areas of the city are subject to periodic inundation,
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, 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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
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.
(b)
The
degree of regulation for flood protection established by this article
is considered reasonable for regulatory purposes and is based on maps
promulgated by FEMA that are required to be used as a condition of
obtaining flood insurance. These maps are 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. Neither the regulations in this article nor the issuance of
permits or other approvals granted pursuant to this article are intended
to imply that lands outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood
damage.
(c)
These
rules and regulations shall be applicable throughout the city. The
city’s special flood hazard areas identified by the effective
version of the FEMA scientific and engineering report with accompanying
flood insurance rate maps and flood boundary-floodway maps, and any
subsequent revisions or amendments thereto are hereby adopted by reference
and declared to be a part of this article. The provisions of this
article shall take precedence over any less restrictive conflicting
laws, ordinances, codes, or official determinations. For purposes
of this article, the city engineer shall determine which of these
conflicting laws are most restrictive and that decision shall be final.
(d)
The
FIS and the FIRM, and any subsequent revisions or amendments thereto
that are being administrated as provided in this article, are available
for public inspection in the office of the city engineer during normal
business hours. The city engineer shall be custodian of these records
for all purposes. Maps may also be made available on the city’s
website, but in the event of any conflict, the maps in the office
of the city engineer shall control and are the official version.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
This
article provides a regulatory system to monitor the review of plats
and permits to reduce the likelihood that development within the city
will increase the dangers of flooding. To accomplish its purposes,
this article uses the following methods:
(1)
Restrict or prohibit land 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 land uses vulnerable to floods, including facilities
which serve such land uses, be protected against flood damage at the
time of initial construction;
(3)
Maintain control of the alteration of natural floodplains, stream
channels, and natural protective barriers, which are involved in the
accommodation of floodwaters;
(4)
Mitigation of filling, grading, dredging and other development which
may increase flood damage; and prevent or regulate the construction
of flood barriers that will unnaturally divert floodwaters or that
may increase flood hazards to other lands.
(b)
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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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.
The planning and zoning commission of the City of Hutto as
appointed by the city council.
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.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s
flood insurance rate map (FIRM) with a one (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 one-percent or greater chance of flooding in any given year. The
area may be designated as zone A on the flood hazard boundary map
(FHBM). After detailed 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 one-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, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a one (1) percent chance
of equaling or exceeding that level in any given year - also called
the base flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
An open wooden lattice, insect screening, or any other suitable
building material approved by the city engineer that is not part of
the structural support of the associated structure and is intended
to collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the structure
or damage to the structural integrity of the structure on which breakaway
walls are used. In addition, breakaway walls must be designed so that
if carried downstream, they will not cause damage to any other structure.
Breakaway walls must have a design safe loading resistance of not
less than ten and not more than 20 pounds per square foot. Use of
breakaway walls that exceed a design safe [loading resistance of 20
pounds per square foot (either by design or when so required by city
or state codes) may] be permitted only if a professional engineer,
licensed in the state, certifies that the designs proposed meet the
following conditions:
Wall collapse shall result from water load less than that which
would occur during the base flood; and
The elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and nonstructural). Maximum
wind and water loading values to be used in this determination shall
each have a one-percent chance of being equaled or exceeded in any
given year (one hundred year means recurrence interval).
Facilities that materially affect the public health and welfare.
Such facilities include, but are not limited to:
Hospitals, nursing homes, blood banks, healthcare facilities
including those storing vital medical records, and housing likely
to contain certain occupants who may not be sufficiently mobile to
avoid death or injury during a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood;
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood;
Structures or facilities that produce, use, treat, store, or
dispose of highly volatile, flammable, explosive, toxic, and/or water-reactive
materials;
Drinking water plants and facilities, and wastewater treatment
plants and facilities; and
Schools, colleges, universities, and daycare centers.
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.
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.
A statement from an engineer or surveyor licensed by the
state on the most current FEMA form certifying that the lowest floor
of the structure has been elevated at least as high as required by
this article.
A fully enclosed area below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area
other than a basement. To qualify as an enclosure, the area must meet
the nonelevation design requirements of 44 CFR 60.3.
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).
The federal agency under which federal floodplain regulations
and related programs are administered.
Any material that is placed in an area and increases the
elevation of that area or displaces water volume.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
The official insurance rate map promulgated by the federal
insurance administrator of FEMA that delineates both the special flood
hazard areas and the risk premium zones applicable to the city, as
amended and supplemented from time to time. Under certain circumstances
as provided in this article, the effective FIRM may be supplemented
with additional flood elevation data for purposes of the administration
of this article.
See flood elevation study.
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.
Any land area susceptible to being inundated by water from
any source (see flooding).
The city engineer.
A permit issued under the provisions of this article for
any development of a site located within a the city’s special
flood hazard area. The term shall also include a permit for the placement
of a recreational vehicle for more than six (6) months in a city special
flood hazard area.
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, or 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.
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 the Texas Inventory of Historic Places;
or
Other historic designation acceptable to the city engineer.
A manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used 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 design requirements of this article or any other
state or federal statute, rule, or regulation.
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.
The value of a structure as established by one of the following:
The improvement value assigned to the structure by the central
appraisal district for the county in which the structure is located;
The computed actual cash value as determined by the FEMA-approved
Substantial Damage Estimator (SDE) methodology;
An appraisal performed by a certified real estate appraiser
licensed by the Texas Appraiser Licensing and Certification Board;
or
Any other similar method acceptable to the city engineer.
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.
Includes, but is not limited to: small business concerns,
churches, schools, farm buildings (including grain bins and silos),
pool houses, clubhouses, recreational buildings, mercantile structures,
agricultural and industrial structures, warehouses, hotels and motels
with normal room rentals for less than six (6) months’ duration,
and nursing homes.
Base floodwaters will not inundate the land or damage structures
to be removed from the SFHA and that any subsurface waters related
to the base flood will not damage existing or proposed buildings.
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.
Any structure that is considered to be a domicile or is used
for residential purposes for six (6) months or more. Residential structures
include but are not limited to a single-family home, multiple unit
apartment buildings, a residential condominium, or a manufactured
or modular home.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Areas subject to a 0.2 percent chance of flooding in any
given year; areas of one (1) percent annual chance of flood with average
depths of less than one (1) foot or with drainage areas less than
one (1) square mile, and areas protected by levees from one (1) percent
annual chance of flood.
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.
An edifice or building of any kind or piece of work that
is artificially built up or composed of parts joined together in a
definite manner, including, but not limited to, a modular home, a
manufactured home, or a gas or liquid storage tank when such tank
is principally located above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent of the market value of the structure
before the damage occurred. “Substantial damage” also
means flood-related damage sustained by a structure on two separate
occasions during a ten (10) year period for which the cost of repairs
at the time of each flood event, on the average, equals or exceeds
twenty-five (25) 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 thirty-five (35)
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.”
Those areas subject to high velocity waters, including, but
not limited to, hurricane wave wash or tsunamis.
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
44 CPR 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.
Any river, channel or stream for which base flood elevations
have been identified in the flood insurance study for the city.
(Ordinance O-19-01-03-8B adopted 1/3/19)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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 Williamson
County, Texas,” dated September 26, 2008, with accompanying
flood insurance rate maps and/or flood boundary-floodway maps (FIRM
and/or FBFM) dated September 26, 2008, and any revisions thereto are
hereby adopted by reference and declared to be a part of this article.
(Ordinance O-19-01-03-8B adopted 1/3/19)
A floodplain development permit shall be required to ensure
conformance with the provisions of this article.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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 O-19-01-03-8B adopted 1/3/19)
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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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 O-19-01-03-8B adopted 1/3/19)
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 O-19-01-03-8B adopted 1/3/19)
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 recreational vehicles
or 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 ensure that all necessary licenses,
approvals, and/or 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 FEMA.
(7)
Cooperate
with the responsible local, state, and federal agencies to maintain
the flood-carrying capacity of the altered or relocated portion of
any watercourse within the city.
(8)
Ensure
that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(9)
When base flood elevation data has not been provided in accordance with section 6.06.007, 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 sections 6.06.017–6.06.021.
(10)
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.
(11)
Under the provisions of 44 CFR 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 one (1)
foot, provided that the community first completes all of the provisions
required by section 65.12.
(12)
In the carrying out of the duties prescribed to the floodplain administrator
he or she is granted the right to enter private property only to survey
the conditions of the regulatory floodplains and to provide maintenance
as required.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
Application
for a floodplain development permit shall be presented to the floodplain
administrator with the application fee as specified in the city’s
development fees table and 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, appurtenant structures, and the location of
the foregoing in relation to areas of special flood hazard. Additionally,
the following information is required:
(1)
Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(2)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure shall meet the floodproofing
criteria of sections 6.06.017–6.06.021;
(4)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(5)
Maintain a record of all such information in accordance with sections
6.06.013– 6.06.016;
(b)
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:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to 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;
(6)
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;
(7)
The necessity to the facility of a waterfront location, where applicable;
(8)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
(c)
All
elevation requirements noted in this article shall be documented using
the elevation certificate, FEMA 81-31, and shall be certified by a
registered professional engineer, surveyor, or architect, and shall
be submitted to the floodplain administrator.
(d)
Whenever
the city engineer finds that there are grounds for revocation of a
floodplain development permit, he or she shall give written notice
to the permittee by personal service or certified mail, return receipt
requested, addressed to the permittee at the address set forth on
the application for floodplain development permit. The notice may
require that any work on the property currently underway is to stop
immediately, that a stop order is being issued, and shall set forth:
(1)
The specific grounds upon which the floodplain development permit
in question may be revoked;
(2)
The fact that there will be a hearing before the appeal board in
which the city will seek the revocation of the floodplain development
permit;
(3)
The date, time, and place of such hearing;
(4)
The fact that the permittee may appear in person or be represented
by an attorney; and
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
The
appeal board, as established by the community, shall hear and render
judgment on requests for variances from the requirements of this article.
(b)
The
appeal 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 in times of flood for ordinary and emergency vehicles;
(1)
Any person or persons aggrieved by the decision of the appeal board
may appeal such decision to the city council.
(2)
Any person or persons aggrieved by the decision of the city council
may appeal such decision in the courts of competent jurisdiction.
(3)
The floodplain administrator shall maintain a record of all actions
involving an appeal and shall report variances to FEMA upon request.
(4)
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.
(5)
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 section 6.06.014(b) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(6)
Upon consideration of the factors noted above and the intent of this
article, the appeal board may attach such conditions to the granting
of variances as it deems necessary to further the purpose and objectives
of this article, as described in sections 6.06.001–6.06.004.
(7)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(8)
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.
(9)
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.
(10)
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:
(Ordinance O-19-01-03-8B adopted 1/3/19)
Hearings pursuant to this article and concerning the revocation
of floodplain development permits shall be conducted as follows:
(1)
All hearings shall be held by the appeal board unless otherwise expressly stated. The chair of the appeal board or, in the chair’s absence, the vice chair of the appeal board, shall serve as the hearing officer for all hearings held hereunder, moderating the discussion and ensuring the rules of this section are observed. However, no person shall perform the duties of hearing officer under this section if that person has participated in the investigation or has prior knowledge of the allegations or circumstances discovered in the course of said investigation, except as may be set forth in the notice given consistent with the manner described by section 6.06.014(d).
(2)
All
hearings shall be conducted under rules consistent with the nature
of the proceedings; provided, however, that the following rules shall
apply to such hearings:
(A)
All parties shall have the right to representation by a licensed
attorney, though an attorney is not required.
(B)
Each party may present witnesses in his or her own behalf.
(C)
Each party has the right to cross-examine all witnesses.
(D)
Only evidence presented before the appeal board at such hearing may
be considered in rendering the final order.
(3)
If
the permittee fails to appear at the hearing at the date and time
specified, the city engineer shall establish a case on behalf of the
city that presents sufficient evidence, that unless it were otherwise
rebutted, shows that grounds exist for revocation of the floodplain
development permit in question.
(4)
After
completion of the presentation of evidence by all parties appearing,
the appeal board shall make written findings and render a written
order as to whether or not there are grounds for revocation of the
floodplain development permit. If there are such grounds, the appeal
board shall revoke the floodplain development permit; provided, the
board may, in the interest of justice, take such other lesser actions
as the appeal board may deem appropriate including, but not limited
to, the temporary suspension of the permit, the revision of the permit,
or the addition of conditions to the permit. A true and accurate copy
of the appeal board’s order shall be personally delivered or
mailed by certified mail, return receipt requested, to the permittee.
(5)
In
the event a floodplain development permit is revoked, suspended, or
revised hereunder by the appeal board, the city shall not be liable
to any person for any refund of any part of any fees.
(6)
The
revocation, suspension, or revision of a floodplain development permit
may be appealed to the city council upon the filing of a written application
with the city secretary within ten (10) calendar days after the appeal
board’s decision is rendered. An appeal of a revocation, suspension,
or revision of a floodplain development permit shall not operate to
suspend the appeal board’s order pending such an appeal.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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)
All
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;
(7)
On-site
disposal systems, including but not limited to sewage treatment plants
and septic tank systems located on the site of the structure, shall
be located to avoid impairment to them or contamination from them
during flooding;
(8)
Property
owners of lots within the SFHA shall routinely mow and remove debris
from all properties within the SFHA to minimize drainage and flooding
problems; and
(9)
Fully
enclosed areas below the lowest floor that are used solely for parking,
building access, or storage in an area other than a basement and that
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 architect or professional engineer
licensed in the state.
(Ordinance O-19-01-03-8B adopted 1/3/19)
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in sections 6.06.006–6.06.021,
the following provisions are required:
(1)
Residential construction.
New construction and substantial
improvement of any residential structure shall have the lowest floor
(including basement, ductwork, exposed plumbing, and electrical components),
elevated to a minimum of eighteen (18) inches above the base flood
elevation based upon fully developed watershed conditions. 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 sections 6.06.013–6.06.016, is
satisfied.
(A)
At least one (1) primary entry road to a residential structure shall
be elevated at least twelve (12) inches above the base flood elevation
based upon fully developed watershed conditions to allow entry and
exit of vehicles during a flood event.
(B)
The lowest floor of a residential structure that is outside of the
SFHA shall be elevated twelve (12) inches above the natural grade
or the crown of the road, whichever is higher.
(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 a minimum of eighteen (18) inches above the base flood
level based on fully developed watershed conditions or together with
attendant utility and sanitary facilities, be designed so that the
structure is watertight to a minimum of eighteen (18) inches above
the base flood level based on fully developed watershed conditions
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. This requirement also
applies to all “critical facilities” within a shaded X
or V zone.
(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 one (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 one (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 on a permanent foundation
such that the bottom of the lowest horizontal structural member of
the chassis of the manufactured home is elevated to a minimum of eighteen
(18) inches above the base flood level based on fully developed watershed
conditions 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;
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be elevated on a permanent foundation such that the bottom of
the lowest horizontal structural member of the chassis of the manufactured
home is elevated to a minimum of eighteen (18) inches above the base
flood elevation based on fully developed watershed conditions and
be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
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(5)
Recreational vehicles.
Require that recreational vehicles
placed on sites within zones Al-30, AH, and AE on the community’s
FIRM either:
(A)
Be on the site for fewer than one hundred eighty (180) consecutive
days;
(B)
Be fully licensed and ready for highway use; or
(C)
Meet the permit requirements of sections 6.06.013–6.06.016,
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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall be consistent with sections 6.06.001–6.06.004
of this article.
(b)
All
proposals for the development of subdivisions including the placement
of manufactured home parks and subdivisions shall meet floodplain
development permit requirements of sections 6.06.006–6.06.012,
sections 6.06.013–6.06.016, and the provisions of sections 6.06.017–
6.06.021 of this article.
(c)
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 fifty (50) lots
or five (5) acres, whichever is lesser, if not otherwise provided
pursuant to sections 6.06.006–6.06.012, or sections 6.06.013–6.06.016,
of this article.
(d)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(e)
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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
Located within the areas of special flood hazard established
in sections 6.06.006–6.06.012, are areas designated as shallow
flooding. These areas have special flood hazards associated with flood
depths of one (1) to three (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 a minimum of
eighteen (18) inches above the base flood elevation based on fully
developed watershed conditions or the highest adjacent grade at least
as high as the depth number specified in feet on the community’s
FIRM (at least two (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 a minimum
of eighteen (18) inches above the base flood elevation based on fully
developed watershed conditions or the highest adjacent grade at least
as high as the depth number specified in feet on the community’s
FIRM (at least two (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 sections 6.06.013–6.06.016 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.
(Ordinance O-19-01-03-8B adopted 1/3/19)
Floodways located within areas of special flood hazard established
in sections 6.06.006– 6.06.012, 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 (1), above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 6.06.017–6.06.021.
(3)
Under
the provisions of 44 CFR 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.
(4)
The
drilling of water, gas, and/or oil wells is prohibited within the
boundaries of the regulatory floodway as delineated on the community’s
FIRM.
(5)
The
storage of hazardous materials, in any form, is prohibited within
the boundaries of the regulatory floodway as delineated on the community’s
FIRM.
(6)
Before
development may occur within the floodway fringe area, a hydrologic
and hydraulic study must be accomplished to determine the effects
of such development. Those effects shall not exceed any of the provisions
of this article.
(7)
If
fill material is to be used to elevate any structures in zone A, A1-30,
AE, AO, AH, AR, or A99, the following will apply:
(A)
Fill material must be compacted to at least ninety-five (95) percent
of Standard Laboratory Maximum Density (Standard Proctor) according
to ASTM Standard D-698.
(B)
Fill soils must be fine grained soils of low permeability, such as
those classified as CH, CL, SC, or ML according to ASTM Standard D-2487, “Classification
of Soils for Engineering Purposes.” See table 1804.2 in the “2000
International Building Code (IBC)” or latest version for descriptions
of these soil types.
(C)
The fill material must be homogeneous and isotropic; that is, the
soil must be all of one material, and the engineering properties must
be the same in all directions.
(Ordinance O-19-01-03-8B adopted 1/3/19)
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 violating any provision of this article within the corporate limits
of the city shall be guilty of a misdemeanor punishable by a fine
of not less than $250.00 nor more than $2,000.00. Each day that any
violation continues shall constitute a separate offense. Nothing herein
contained shall prevent city council from taking such other lawful
action as is necessary to prevent or remedy any violation.
(Ordinance O-19-01-03-8B adopted 1/3/19)
(a)
The
city, acting through the city attorney or any other attorney representing
the city, is hereby authorized to file an action in a court of competent
jurisdiction to:
(1)
Enjoin any person from violating the terms, conditions, and restrictions
of any floodplain development permit issued under this article;
(2)
Enjoin the violation of the of the provisions of this article;
(3)
Recover civil penalties for violation of the terms, conditions, and
restrictions of any floodplain development permit issued under this
article;
(4)
Recover civil penalties for violation of the provisions of this article;
or
(5)
Recover damages from an owner of a site in an amount adequate for
the city to undertake any construction or other activity necessary
to bring about compliance with this article.
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This authority is in addition to any other authority the city
may have under a contract or another ordinance, statute, or regulation.
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(b)
The
city, acting through the city attorney or any other attorney representing
the city, is hereby authorized to enter into an agreement in lieu
of litigation to achieve compliance with the terms, conditions, and
restrictions of any floodplain development permit issued under this
article, or with the provisions of this article.
(c)
The
city engineer is authorized to:
(1)
Whenever any work authorized by a floodplain development permit is
being performed contrary to the provisions of this article, or other
pertinent laws or ordinances implemented through the enforcement of
this article, order the work (other than work to cure a violation)
stopped by notice in writing served on any person(s) performing the
work or causing the work to be performed. Any such person(s) shall
forthwith stop the work until authorized by the city engineer to proceed
with the work.
(2)
At the time a stop order is issued, the person performing the work
and the floodplain development permittee shall be given notice of
a right to a hearing on the matter pursuant to the hearing provisions
of the ordinance or statute under which the underlying construction
permit was granted. Upon request, such a hearing shall be held within
three (3) business days unless the permittee or the person(s) performing
the work request an extension of time. Any stop order that has been
issued shall remain in effect pending any hearing that has been requested
unless the stop order is withdrawn by the city engineer.
(3)
File a certificate of noncompliance in the county deed records for
properties that the city engineer determines to be in violation of
the provisions of this article; for which a temporary damage repair
permit is issued; or for which a substantial damage determination
persists for six (6) months or more.
(4)
File a certificate of compliance in the county deed records for properties
which have resolved a floodplain violation, obtained a permit to replace
a temporary flood damage repair permit, or appealed or otherwise resolved
a substantial damage determination.
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As authorized by section 1316 of the National Flood Insurance
Act of 1968, as amended, request that FEMA deny flood insurance coverage
for any property that has been determined to be in violation of the
provisions of this article.
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(Ordinance O-19-01-03-8B adopted 1/3/19)
