The legislature of the state, in chapter 16 of the Texas Water
Code, has conferred upon local government units the authority to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry. Therefore, the city council does hereby
adopt the following floodplain management regulations.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.301)
(a)
The
flood hazard areas of the city are subject to periodic inundation
which can result 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.
(b)
These
flood losses are caused by uses that are inappropriately placed and/or
inadequately elevated, floodproofed, or protected from flood damage.
The cumulative effect of obstructions in areas of special flood hazards,
which increase flood heights and velocities, also contribute to the
flood loss.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.302)
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, and streets and bridges located
in areas of special flood hazard;
(6)
Help
maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
(7)
Ensure
that potential buyers are notified that property is in an area of
special flood hazard; and
(8)
Ensure
that those who occupy the areas of special flood hazard assume responsibility
for their actions.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.303)
In order to accomplish its purposes, this article includes methods
and provisions to:
(1)
Restrict
or prohibit uses which are dangerous to health, safety, and property
due to water or erosion hazards, or which result in damaging increases
in erosion or 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 help accommodate or channel floodwaters;
(4)
Control
filling, grading, dredging, and other development which may increase
flood damage; and
(5)
Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.304)
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
A use which is incidental and subordinate to the principal
use of the parcel of land on which it is located.
A geomorphologic feature characterized by a cone- or fan-shaped
deposit of boulders, gravel, and fine sediments that have been eroded
from mountain slopes, transported by flood flows, and then deposited
on the valley floors, and which is subject to flash flooding, high
velocity flows, debris flows, erosion, sediment movement and deposition,
and channel migration.
The point of highest elevation on an alluvial fan, which
on undisturbed fans is generally the point where the major stream
that formed the fan emerges from the mountain front.
A request for a review of the floodplain administrator’s
interpretation of any provision of this article.
A designated AO or AH zone on the flood insurance rate map
(FIRM). The base flood depths range from one to three feet, a clearly
defined channel does not exist, the path of flooding is unpredictable
and indeterminate, and velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See “Special flood hazard area.”
The land within a community which is most likely to be subject
to severe flood-related erosion losses. The area may be designated
as zone E on the flood insurance rate map (FIRM).
The area subject to severe mudslides (i.e., mudflows). The
area is designated as zone M on the flood insurance rate map (FIRM).
A flood which has a one percent chance of being equaled or
exceeded in any given year (also called the “100-year flood”).
“Base flood” is the term used throughout this article.
Any area of the building having its floor subgrade (i.e.,
below ground level) on all sides.
Any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material, which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by floodwaters. A breakaway wall shall
have a safe design loading resistance of not less than ten and no
more than twenty pounds per square foot. Use of breakaway walls must
be certified by a registered engineer or architect and shall meet
the following conditions:
See “Structure.”
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A point of vertical ground elevation reference to be shown
on the FIRM for comparison to the BFE. ERMs shall be referenced to
the National Geodetic Vertical Datum (NGVD) or the North American
Vertical Datum (NAVD).
The advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
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).
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters,
the unusual and rapid accumulation or runoff of surface waters from
any source, and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the flood insurance rate map,
the flood boundary and floodway map, and the water surface elevation
of the base flood.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves
or currents of water exceeding anticipated cyclical level 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 a flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding.
The operation of an overall program of corrective and preventive
measures for reducing flood-related erosion damage, including but
not limited to emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
A land area adjoining the shore of a lake or other body of
water, which, due to the composition of the shoreline or bank and
high water levels or wind-driven currents, is likely to suffer flood-related
erosion damage.
Any land area susceptible to being inundated by water from
any source (see “Flooding”).
The individual appointed to administer and enforce the floodplain
management regulations.
The operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
This article and other zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such
as grading and erosion control) and other applications of police power
which control development in floodprone areas. This term describes
federal, state or local regulations in any combination thereof which
provide standards for preventing and reducing flood loss and damage.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet floodproofing.)
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 foot. Also referred to as “regulatory floodway.”
That area of the floodplain on either side of the “regulatory
floodway” where encroachment may be permitted.
As related to division 4 (Variance Procedures) of this article,
means that the variance granted must not cause fraud on or victimization
of the public. In examining this requirement, the board of adjustment
of the city will consider the fact that every newly constructed building
adds to government responsibilities and remains a part of the community
for fifty to one hundred years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all
those years to increased risk of damage from floods, while future
owners of the property and the community as a whole are subject to
all the costs, inconvenience, danger, and suffering that those increased
flood damages bring. In addition, future owners may purchase the property,
and [be] unaware that it is subject to potential flood damage, and
can be insured only at very high flood insurance rates.
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, and does not include long-term storage or
related manufacturing facilities.
The local governing unit (i.e., county or municipality) that
is empowered to adopt and implement regulations to provide for the
public health, safety and general welfare of its citizenry.
Related to division 4 (Variance Procedures) of this article
means the exceptional hardship that would result from a failure to
grant the requested variance. The board of adjustment of the city
requires that the variance be exceptional, unusual, and peculiar to
the property involved. Mere economic or financial hardship alone is
not exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one’s
neighbors likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to
a different use than originally intended.
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
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 by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
A human-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accord with sound engineering practices.
The lowest floor of the lowest enclosed area, including basement
(see “basement” definition).
An unfinished or flood-resistant enclosure below the lowest
floor that is 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 it conforms to applicable
non-elevation design requirements, including, but not limited to:
The wet floodproofing standard in section 3.05.061.
The anchoring standards in section 3.05.061(4).
The construction materials and methods standards in section 3.05.061(5).
The standards for utilities in section 3.05.062.
For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see “basement”
definition). This prohibition includes below-grade garages and storage
areas.
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 attached 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.
Shall be determined by estimating the cost to replace the
structure in new condition and adjusting that cost figure by the amount
of depreciation which has accrued since the structure was constructed.
The cost of replacement of the structure shall be based on a square
foot cost factor determined by reference to a building cost estimating
guide recognized by the building construction industry. The amount
of depreciation shall be determined by taking into account the age
and physical deterioration of the structure and functional obsolescence
as approved by the floodplain administrator, but shall not include
economic or other forms of external obsolescence. Use of replacement
costs or accrued depreciation factors different from those contained
in recognized building cost estimating guides may be considered only
if such factors are included in a report prepared by an independent
professional appraiser and supported by a written explanation of the
differences.
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.
Describes a condition where there is a river, flow or inundation
of liquid mud down a hillside, usually as a result of a dual condition
of loss of brush cover and the subsequent accumulation of water on
the ground, preceded by a period of unusually heavy or sustained rain.
An area with land surfaces and slopes of unconsolidated material
where the history, geology, and climate indicate a potential for mudflow.
For floodplain management purposes, structures for which
the “start of construction” commenced on or after the
effective date of floodplain management regulations adopted by this
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 this community.
As corrected in 1988, is a vertical control used as a reference
for establishing elevations. If a datum other than NAVD 88 is used,
then use the datum listed as the reference datum on the applicable
FIRM panel for use on elevation certificate completion.
Includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
See “Base flood.”
As related to division 4 (Variance Procedures) of this article
means that the granting of a variance must not result in anything
which is injurious to safety or health of an entire community or neighborhood,
or any considerable number of persons, or unlawfully obstruct the
free passage or use, in the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
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
more foot.
To bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of this article or otherwise deterring future similar violations,
or reducing state or federal financial exposure with regard to the
structure or other development.
Flood-related damages sustained by a structure on two occasions
during a ten-year period, for which the cost of repair, at the time
of each flood event, on the average, equals or exceeds 25% of the
market value of the structure before the damage occurred.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
See “Area of shallow flooding.”
An area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM
as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
Includes substantial improvement and other proposed new development
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 from the date
of the permit. 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 a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building that is principally above ground;
this includes a gas or liquid storage tank or 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 proposed
new development of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure before the 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
would not preclude the structure’s continued designation as
a historic structure.
See “Coastal high hazard area” [sic].
A grant of relief from the requirements of this article which
permits construction in a manner that would otherwise by prohibited
by this article.
The failure of a structure or other development to be fully
compliant with this article. A structure other development without
the elevation certificate, other certifications, or other evidence
of compliance required in this article 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.
A lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically.
“Watercourse” includes specifically designated areas in
which substantial flood damage may occur.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.305; Ordinance adopting 2019 Code)
This article shall apply to all areas of special flood hazards
within the jurisdiction of the city.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.306)
The areas of special flood hazard identified by the Federal
Insurance and Mitigation Administration (FIMA) of the Federal Emergency
Management Agency (FEMA) in the flood insurance study (FIS) dated
April 15, 1981 and accompanying flood insurance rate maps (FIRMs)
and flood boundary and floodway maps (FBFMs), dated October 15, 1981,
and all subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this article. This FIS and
attendant mapping is the minimum area of applicability of this article
and may be supplemented by studies for other areas which allow implementation
of this article and which are recommended to the city council by the
floodplain administrator. The study, FIRMs and FBFMs are on file at
city hall.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.307)
(a)
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 requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a class C misdemeanor
as provided for in section 16.3221 of the Texas Water Code. Any person
who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2000.00 per
day, with each violation and each day of a continuing violation being
a separate offense.
(b)
Nothing
herein shall prevent the city from taking such lawful action as is
necessary to prevent or remedy any violation, including bringing a
suit seeking injunctive relief and attorney’s fees.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.308)
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 966 adopted 10/20/04; 2004 Code, sec. 3.309)
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 granted under state statutes.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.310)
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by human-made or natural
causes. This article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This article shall not create
liability on the part of the city, any officer or employee thereof,
the state, or the Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, for any flood damages that result
from reliance on this article or any administrative decision lawfully
made hereunder.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.311)
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. Violations 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 $2,000.00 for
each day of violation, each day of violation being a separate offense,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein shall prevent the city from taking such other lawful
action as is necessary to prevent or remedy any violation.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.312; Ordinance adopting 2019 Code)
