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 town does ordain as follows.
(Ordinance 2011-0117-02 adopted 1/17/11)
(a)
The
flood hazard areas of the town 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 2011-0117-02 adopted 1/17/11)
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1)
Protect
human life and health;
(2)
Minimize
expenditure of public money for costly flood control projects;
(3)
Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4)
Minimize
prolonged business interruptions;
(5)
Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of floodprone areas in such a manner as to minimize future flood blight
areas; and
(7)
Insure
that potential buyers are notified that property is in a flood area.
(Ordinance 2011-0117-02 adopted 1/17/11)
In order to accomplish its purposes, this article uses the following
methods:
(1)
Restrict
or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights or
velocities;
(2)
Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3)
Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
(4)
Control
filling, grading, dredging and other development which may increase
flood damage;
(5)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2011-0117-02 adopted 1/17/11)
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
Flooding occurring on the surface of an alluvial fan or similar
landform which originates at the apex and is characterized by high-velocity
flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
A point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes unpredictable
and alluvial fan flooding can occur.
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
The land area that would be inundated by the 1-percent-annual
chance (100-year) flood based on future conditions hydrology.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s
flood insurance rate map (FIRM) with a 1 percent or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a 1 percent or greater chance of flooding in any given year. The area
may be designated as zone A on the flood hazard boundary map (FHBM).
After detailed rate-making has been completed in preparation for publication
of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or
V.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
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.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any 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 non-basement building, which has
its lowest elevated floor, raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
Existing construction may also be referred to as existing structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
See flood elevation study.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
area within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood modifying works are those constructed in conformance
with sound engineering standards.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any 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 ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
[of the Interior] to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A 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 non-elevation design requirement of section 60.3
of the National Flood Insurance Program regulations.
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term manufactured home does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which
base flood elevations shown on a community’s flood insurance
rate map are referenced.
For the purpose of determining insurance rates, structures
for which the start of construction commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the
start of construction commenced on or after the effective date of
a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See area of special flood hazard.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), includes
substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before start of construction of
the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure’s continued designation as a
historic structure.
The Town of Cross Roads, Texas.
A grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see section 60.6 of
the National Flood Insurance Program regulations.)
The failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
[of the National Flood Insurance Program regulations] is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
(Ordinance 2011-0117-02 adopted 1/17/11)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the town.
(Ordinance 2011-0117-02 adopted 1/17/11)
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 Denton
County, Texas and Incorporated Areas, dated April 18, 2011, with Flood
Insurance Rate Map (FIRM), dated April 18, 2011”; and any revisions
thereto are hereby adopted by reference and declared to be a part
of this article.
(Ordinance 2011-0117-02 adopted 1/17/11)
A floodplain development permit shall be required to ensure
conformance with the provisions of this article.
(Ordinance 2011-0117-02 adopted 1/17/11)
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 2011-0117-02 adopted 1/17/11)
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 2011-0117-02 adopted 1/17/11)
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 2011-0117-02 adopted 1/17/11)
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 2011-0117-02 adopted 1/17/11)
The mayor or designee is hereby appointed the floodplain administrator
to administer and implement the provisions of this article and other
appropriate sections of 44 CFR (Emergency Management and Assistance
- National Flood Insurance Program Regulations) pertaining to floodplain
management.
(Ordinance 2011-0117-02 adopted 1/17/11)
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 to ensure that the proposed
building site project, including the placement of manufactured homes,
will be reasonably safe from flooding.
(3)
Review,
approve or deny all applications for development permits required
by adoption of this article.
(4)
Review
permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental
agencies (including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
(5)
Where
interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions)
the floodplain administrator shall make the necessary interpretation.
(6)
Notify,
in riverine situations, adjacent communities and the State Coordinating
Agency which is the Texas Water Development Board (TWDB) and also
the Texas Commission on Environmental Quality (TCEQ), prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
(7)
Assure
that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(8)
When base flood elevation data has not been provided in accordance with section 3.07.007, 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 3.07.017–3.07.021 of this article.
(9)
When
a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted within zones
A1-30 and AE on the community’s FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
(10)
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by section 65.12.
(Ordinance 2011-0117-02 adopted 1/17/11)
(a)
Application
for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not
be limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing
and proposed structures, including the placement of manufactured homes,
and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
(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 section 3.07.018(2);
(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 section 3.07.014(1);
(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 property in times of flood for ordinary
and emergency vehicles;
(6)
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;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
(Ordinance 2011-0117-02 adopted 1/17/11)
(a)
The
appeal board, as established by the community, shall hear and render
judgment on requests for variances from the requirements of this article.
The board of adjustment of the town shall serve as the appeal board.
(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.
(c)
Any
person or persons aggrieved by the decision of the appeal board may
appeal such decision in the courts of competent jurisdiction.
(d)
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.
(e)
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.
(f)
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 3.07.015(b) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(g)
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 (section 3.07.003).
(h)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(i)
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.
(j)
Prerequisites
for granting variances:
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(2)
Variances shall only be issued upon:
(A)
Showing a good and sufficient cause;
(B)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(C)
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.
(3)
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.
(k)
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 2011-0117-02 adopted 1/17/11)
In all areas of special flood hazards the following provisions
are required for all new construction and substantial improvements:
(1)
All
new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2)
All
new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(3)
All
new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4)
All
new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
(5)
All
new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system;
(6)
New
and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system and discharge
from the systems into floodwaters; and
(7)
On-site
waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(Ordinance 2011-0117-02 adopted 1/17/11)
In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 3.07.007, section 3.07.014(8), or section 3.07.019(c), 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 to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standards of this subsection, as proposed in section 3.07.015(a)(3), are satisfied.
(2)
Nonresidential construction.
New construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to 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 capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect
shall develop and/or review structural design, specifications, and
plans for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards
of practice as outlined in this subsection. A record of such certification
which includes the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3)
Enclosures.
New construction and substantial improvements,
with fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
(A)
A minimum of two openings on separate walls having a total net area
of not less than 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 1 foot above grade.
(C)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4)
Manufactured homes.
(A)
Require that all manufactured homes to be placed within zone A on
a community’s FHBM or FIRM shall be installed using methods
and practices which minimize flood damage. For the purposes of this
requirement, manufactured homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in addition to applicable state
and local anchoring requirements for resisting wind forces.
(B)
Require that manufactured homes that are placed or substantially
improved within zones A1-30, AH, and AE on the community’s FIRM
on sites: (i) outside of a manufactured home park or subdivision;
(ii) in a new manufactured home park or subdivision; (iii) in an expansion
to an existing manufactured home park or subdivision; or (iv) in an
existing manufactured home park or subdivision on which a manufactured
home has incurred “substantial damage” as a result of
a flood, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to two (2) feet above the
base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
(C)
Require that manufactured homes be placed or substantially improved
on sites in an existing manufactured home park or subdivision with
zones A1-30, AH and AE on the community’s FIRM that are not
subject to the provisions of subsection (4) of this section be elevated
so that either:
(i)
The lowest floor of the manufactured home is at two (2) feet above
the base flood elevation; or
(ii)
The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(5)
Recreational vehicles.
Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM either: (A) be on the site for fewer than 180 consecutive days; (B) be fully licensed and ready for highway use; or (C) meet the permit requirements of section 3.07.015(a), 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 2011-0117-02 adopted 1/17/11)
(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 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.07.007 or section 3.07.014(8) of this article.
(d)
Base
flood elevation data shall be generated by a detailed engineering
study for all zone A areas, within 100 feet of the contour lines of
zone A areas, and other streams not mapped by FEMA, as indicated on
the community’s FIRM.
(e)
All
subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(f)
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 2011-0117-02 adopted 1/17/11)
Located within the areas of special flood hazard established in section 3.07.007, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1)
All
new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated to two (2) feet
above the base flood elevation or the highest adjacent grade at least
as high as the depth number specified in feet on the community’s
FIRM (at least 2 feet if no depth number is specified); or
(2)
All
new construction and substantial improvements of nonresidential structures:
(A)
Have the lowest floor (including basement) elevated to two (2) feet
above the base flood elevation or the highest adjacent grade at least
as high as the depth number specified in feet on the community’s
FIRM (at least two feet if no depth number is specified); or
(B)
Together with attendant utility and sanitary facilities be designed
so that below the base specified flood depth in an AO zone, or below
the base flood elevation in an AH zone, level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 3.07.015(a)(3), 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 2011-0117-02 adopted 1/17/11)
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 two thousand
dollars ($2,000.00) for each violation, and in addition shall pay
all costs and expenses involved in the case. Each day a violation
occurs is a separate offense. Nothing herein contained shall prevent
the town from taking such other lawful action as is necessary to prevent
or remedy any violation. All remedies, whether civil or criminal,
are cumulative.
(Ordinance 2011-0117-02 adopted 1/17/11)
