(A)
Statutory
authorization.
The Legislature of the State of Texas
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 does ordain as follows.
(B)
Findings
of fact.
(1)
The special flood hazard areas of the City are subject to periodic
inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
(2)
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which cause an increase in flood
heights and velocities. Uses that are inadequately elevated, anchored,
floodproofed or otherwise protected from flood damage also contribute
to the flood loss.
(C)
Statement
of purpose.
It is the purpose of this article to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed:
(1)
To protect human life and health;
(2)
To minimize expenditure of public money for costly flood-control
projects;
(3)
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4)
To minimize prolonged business interruptions;
(5)
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
(6)
To 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;
(7)
To provide a means whereby potential buyers and adjacent property
owners may be notified that property is in an area of special flood
hazard and to attempt to insure that property one foot above the base
flood elevation is not imposed with flood hazard by development of
the area;
(8)
To insure that those who occupy the areas of special flood hazard
assume responsibility for their actions; and
(9)
To provide a uniform procedure by which all alterations to the floodway
and floodway fringe will be documented, reviewed, inspected and maintained
within guidelines herein established.
(D)
Methods
of reducing flood losses.
In order to accomplish its
purposes, this article uses the following methods and provisions for:
(1)
Restricting or prohibiting uses that are dangerous to health, safety,
or property in times of flood, or cause excessive increases in flood
heights or velocities.
(2)
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.
(3)
Controlling and regulating the alteration of natural floodplains,
stream channels and natural protective barriers, which are involved
in the accommodation of floodwaters.
(4)
Controlling and regulating filling, grading, dredging, and other
development which may increase flood damage.
(5)
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other lands.
(6)
Purchasing floodprone residential properties through a voluntary
acquisition process initiated by the property owner. The property
shall be dedicated to the city and maintained by the city in perpetuity
as open space for the conservation of natural floodplain functions
unless otherwise approved by the Director of Engineering.
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 6707, sec. 1, adopted 6/17/14; Ordinance 7382 adopted 11/15/2022)
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.
A request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
A designated AO, AH, AR/AO, AR/AH, or VO zone on the community’s
flood insurance rate map (FIRM) with a 1% chance 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% or greater chance of flooding in any given year. The area may
be designated as Zone A on the FHBM. After detailed ratemaking has
been completed in preparation for publication of the FIRM, the area,
Zone A, usually is refined into Zones A, AO, AH, A1-30, AE, AH, AO,
A1-99, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30,
VE, or V. For purposes of this ordinance, the term “special
flood hazard area” is synonymous in meaning with the phrase
“area of special flood hazard.”
The flood having a 1% 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 1% chance of equaling
or exceeding that level in any given year. Also called the base flood.
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.
An area of the City that is:
A primarily urbanized, built-up area that is a minimum of 20
contiguous acres, has basic urban infrastructure, including roads,
utilities, communications, and public facilities, to sustain industrial,
residential, and commercial activities, and:
Within which 75 percent or more of the parcels, tracts, or lots
contain commercial, industrial, or residential structures or uses;
Is a single parcel, tract, or lot in which 75 percent of the
area contains existing commercial or industrial structures or uses;
or
Is a subdivision developed at a density of at least two residential
structures per acre within which 75 percent or more of the lots contain
existing residential structures at the time the designation is adopted.
Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and contiguous on at least 3 sides to areas meeting the criteria of subsection (1) at the time the designation is adopted.
A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual “start of construction” of structures has occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent of the maximum building coverage or remaining building coverage allowed for a single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in subsection (1)(c).
Any manmade change in improved and unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
A nonbasement building: (1) built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or in the case of a building in zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
floor of the water; and (2) 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, 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 zones V1-30, VE, or V, elevated building also includes
a building otherwise meeting the definition of elevated building,
even though the lower area is enclosed by means of breakaway walls
if the breakaway walls meet the standards of section 60.3(e)(5) of
the National Flood Insurance Program regulations.
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
Existing construction may also be referred to as existing structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the City.
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 area between the floodway and the boundary of the base
or 100-year flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland and tidal waters;
The unusual and rapid accumulation or runoff of surface waters
from any source; or
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in subsection (1)(b) of this definition and are akin to
a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited
along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition. a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; or (3) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
The official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the City. A FIRM that has
been made available digitally is called a “Digital Flood Insurance
Rate Map” or “DFIRM.”
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, water surface elevation
of the base flood, as well as the flood boundary-floodway map. Also
known as a “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
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 (see definition of flooding).
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
one (1) foot.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
Any floor usable for the following purposes; which include
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used for storage purposes only is not a habitable
floor.
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;
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
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. For
floodplain management purposes, the term manufactured home also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes,
the term manufactured home does not include park trailers, travel
trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community’s flood insurance
rate map are referenced.
For the purposes 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 the City 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 the City.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including State and local governments
and agencies.
A structure is principally above ground if at least 51% of
the actual cash value of the structure, less land value, is above
ground.
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.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
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,
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 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. Structure can also mean any physical
body which is capable of diverting floodwaters.
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 repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty (50) percent of the market
value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred.
For the purposes of this definition substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article. (For full requirements, see
section 60.6 of the National Flood Insurance Program regulations.)
The failure of a structure or other development to be fully
compliant with the City’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations is presumed to
be in violation until such time as that documentation is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 6707, sec. 1, adopted 6/17/14; Ordinance 7052, sec. 25, adopted 5/7/19)
(A)
Lands
to which this article applies.
This article shall apply
to all locations in or near areas of special flood hazards within
the jurisdiction of the City, as delineated in the last published
National Flood Insurance Program maps and all letters of map amendment
or revision thereto.
(B)
Basis
for establishing the areas of special flood hazard.
The
areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in scientific and engineering reports entitled
“The Flood Insurance Study for the Dallas County, Texas and
Incorporated Areas,” “The Flood Insurance Study for Collin
County, Texas and Incorporated Areas,” and “The Flood
Insurance Study for Rockwall County, Texas and Incorporated Areas,”
with accompanying flood insurance rate maps (FIRM), dated July 7,
2014, June 2, 2009, and September 26, 2008, respectively, and any
amendments/revisions thereto are hereby adopted by reference and declared
to be a part of this article.
(C)
The following FIRM maps and associated flood insurance study (FIS), as approved by FEMA on the dates listed in subsection (B) above, and any amendments or revisions thereto, are hereby effective and adopted for use and shall supersede any FIRM maps or FIS previously adopted for their specific coverage:
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(D)
Establishment
of development permit.
A development permit shall be
required to ensure conformance with the provisions of this article.
(E)
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.
(F)
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 conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
(H)
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 occasion,
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.
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 4442, sec. 1, adopted 8/21/90; Ordinance 4696, sec. 1, adopted 7/20/93; Ordinance 5587, sec. 1, adopted 8/7/01; Ordinance 5703, sec. 1, adopted 2/4/03; Ordinance 6323, secs. 1, 2, adopted 6/16/09; Ordinance 6707, sec. 1, adopted 6/17/14)
(A)
Designation
of the floodplain administrator.
The Director of Engineering
is hereby appointed the floodplain administrator to administer and
implement the provisions of this article and other appropriate sections
of 44 CFR (National Flood Insurance Program Regulations) pertaining
to floodplain management.
(B)
Duties
and responsibilities of the floodplain administrator.
Duties and responsibilities of the floodplain administrator shall
include, but not be limited to, the following:
(1)
Maintain and hold open for public inspection all records pertaining
to the provisions of this article.
(2)
Review permit application to determine whether proposed building
site will be reasonably safe from flooding.
(3)
Review, approve or deny all applications for development permits
required by this article.
(4)
Review permits for proposed development to determine 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 may make the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities and the state
water development board, 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 31.102(B), the floodplain administrator may 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 31.104.
(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 City’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 City.
(C)
Permit
procedures.
(1)
Application for a development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not
be limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing
and proposed structures, 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 31.104(B)(2).
(d)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(e)
Maintain a record of all such information in accordance with subsection
(B)(1).
(2)
Approval or denial of a development permit by the floodplain administrator
shall be based on all of the provisions of this article and the following
relevant factors:
(a)
The danger to life and property due to flooding or erosion damage.
(b)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(c)
The danger that materials may be swept onto other lands to the injury
of others.
(d)
The compatibility of the proposed use with existing and anticipated
development.
(e)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(f)
The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems.
(g)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
(h)
The necessity to the facility of a waterfront location, where applicable.
(i)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
(j)
The relationship of the proposed use to the comprehensive plan for
that area.
(D)
Variance
procedures.
(1)
The City Council may 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 one-half 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 one-half 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.
(8)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(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 applicant to whom 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 for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use provided that:
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 6707, sec. 1, adopted 6/17/14; Ordinance 7052, sec. 26, adopted 5/7/19)
(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 or located with the minimum required freeboard set forth in sections 31.104(B) and 31.104(D) 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 31.102(B), section 31.103(B)(8), or subsection (C)(3), the following provisions are required:
(1)
Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated two (2) feet above the base flood elevation. The bottom of all associated machinery and equipment shall be elevated a minimum of one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in section 31.103(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 two (2) feet 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 capacity of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect
shall develop and 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 subject
to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, valves, or the coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(4)
Manufactured homes.
(a)
All manufactured homes to be placed within zone A shall be installed
using methods and practices which minimize flood damage. For the purpose
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)
All manufactured homes, including machinery and equipment, shall be elevated in compliance with subsection (1) above.
(c)
All manufactured homes to be placed or substantially improved within
zones A1-30, AH and AE on the FIRM shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
two (2) feet above the base flood elevation; and be securely anchored
to an adequately anchored foundation system in accordance with the
provision of subsection (a) above.
(5)
Recreational vehicles.
Recreational vehicles placed on sites within zones A1-30, AH, and AE on the flood insurance rate maps either: (a) be on the site for fewer than 1809 consecutive days; or (b) be fully licensed and ready for highway use; or (c) meet the permit requirements of section 31.103(C)(1) and the elevation and anchoring requirements for manufactured homes in subsection (4) above. 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.
(6)
Lowest finished floor elevations.
Any requirement contained
in this article regarding the certification of the lowest finished
floor elevation of a building or structure shall mean the as-built
elevation of the building or structure. A certification based upon
construction plans shall only be valid during the course of construction
and an as-built certification shall be submitted upon the completion
of construction. The certification shall be in the form prescribed
by the Federal Emergency Management Agency under the National Flood
Insurance Program.
(C)
Standards
for subdivision proposals.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions, which contain greater than 30 lots or 3 acres, whichever is less, if not otherwise provided pursuant to section 31.102(B) or section 31.103(B)(8) of this article.
(4)
All subdivision proposals, including manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure
to flood hazards.
(5)
All subdivision proposals, including 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 31.102(B), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1)
All new construction and substantial improvements of residential
structures shall have the lowest floor (including basement, machinery,
and equipment) elevated above the highest adjacent grade a minimum
of one (1) foot higher than the depth number specified in feet on
the FIRM (at least three (3) feet if no depth number is specified).
(2)
All new construction and substantial improvements of nonresidential
structures:
(a)
Shall have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the FIRM (at least two (2) feet if no depth number is specified);
or
(b)
Together with attendant utility and sanitary facilities shall 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 the effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 31.103(C)(1)(a), are satisfied.
(4)
Within zones AH or AO adequate drainage paths shall be provided around
structures on slopes, to guide floodwaters around and away from proposed
structures.
(E)
Floodways.
Portions of the areas of special flood hazard, established in section 31.102(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)
The placement of any manufactured home within the floodways is prohibited.
Other encroachments are prohibited, including fill, new construction,
substantial improvements and other development unless certification
by a professional registered engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(F)
Penalties
for noncompliance.
No structure or land shall hereafter
be constructed, located, extended, converted or altered without full
compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article by failure to comply with
any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this article or fails to comply with any of
its requirements shall upon conviction thereof be fined not more than
$500.00 for each violation and in addition shall pay all costs and
expenses involved in the case. Nothing herein contained shall prevent
the City from taking such other lawful action as is necessary to prevent
or remedy any violation.
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 4717, sec. 1, adopted 10/19/93; Ordinance 6707, sec. 1, adopted 6/17/14; Ordinance 7349 adopted 8/2/22)
The City may make inspections of construction or development within any area of special flood hazard established in section 31.102(B). Records shall be maintained of as-built elevations and the location of the development with reference to the floodway limits. Costs of subsequent inspections required by noncomplying construction or development may be billed directly to the developer requesting the final inspection at current standard industry rates.
(Ordinance 4078, sec. 1, adopted 3/10/87; Ordinance 6707, sec. 1, adopted 6/17/14)
(A)
The
following provisions shall apply to all proposed development within
the Rowlett and Spring Creek 100-year floodplains, as more particularly
described on the Albert H. Halff Associates, Inc., series April 1987
topographical maps, Project AVO-8470, Sheets 6-7, 18-20, 31-34, 45-57,
59-66 and 72-78:
(1)
Base flood elevations (BFE) for the 100-year flood event that reflect
ultimate development land use throughout the watershed shall be used
for design and planning of floodplain development.
(2)
Development within the floodplain shall be permitted only if it can
be demonstrated that there will be no rise in the base flood elevation.
(3)
Fill volumes shall be balanced (+/- 15%) by excavation volumes to
preserve overall valley storage within the floodplain. Areas excavated
shall be landscaped to restore a natural cover.
(4)
The bed and banks of Rowlett and Spring Creeks shall be left in a
natural state to control erosive velocities, prevent excessive downstream
discharges and preserve the natural effect of the stream. Exceptions
are permitted for major bridge crossings, public welfare and safety.
(5)
Increases to existing average velocities shall be allowed to a maximum
average velocity of no greater than six (6) feet per second.
(6)
Significant stands of trees and other environmental features within
the floodplain shall be preserved.
(Ordinance 4114, sec. 1, adopted 8/4/87; Ordinance 6707, sec. 1, adopted 6/17/14)
Federal Emergency Management Agency (FEMA) letter of map amendment (LOMA). Upon request by a property owner, the Engineering Department may prepare a FEMA compliant LOMA for the individual property. The property owner will provide the City with a FEMA-compliant elevation certificate. The property owner shall pay the City a nonrefundable fee in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. The fee is due before the City begins work. The work will be accomplished within the City’s typical operating schedule.
(Ordinance 5847, sec. 9, adopted 9/7/04; Ordinance 6707, sec. 1, adopted 6/17/14; Ordinance 7052, sec. 27, adopted 5/7/19; Ordinance 7363 adopted 9/6/2022)
(A)
The
Director of Engineering is authorized to solicit applications from
potential property owners whose residential property is susceptible
to flooding. For the purpose of this section, a residential property
shall be defined as a single-family, single-family attached or duplex.
(B)
The
Director of Engineering is authorized to negotiate and execute all
documents and instruments necessary to acquire the highest prioritized
property applications with the purchases being approved by City Council.
(C)
Acquired
properties shall be dedicated to the City and maintained by the City
in perpetuity as open space for the conservation of natural floodplain
functions unless otherwise directed or approved by the Director of
Engineering.
(D)
The
buyout shall be in accordance with the current Engineering Department’s
Floodprone Property Buyout Program Guidelines.
(Ordinance 7382 adopted 11/15/2022)
