The Legislature of the state has in the Flood Control Insurance
Act, Tex. Water Code, sec. 16.315, delegated the responsibility of
local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the City Council does ordain as follows.
(Ordinance 2011-14a adopted 5/14/11)
(A) The
flood hazard areas of the city are subject to periodic inundation,
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety, and general welfare.
(B) These
flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
flood-proofed, or otherwise protected from flood damage.
(Ordinance 2011-14a adopted 5/14/11)
It is the purpose of this chapter 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:
(A) Protect
human life and health;
(B) Minimize
expenditure of public money for costly flood control projects;
(C) Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(D) Minimize
prolonged business interruptions;
(E) Minimize
damage to public facilities and utilities such as water and gas mains;
electric, telephone, and sewer lines; and streets and bridges located
in floodplains;
(F) Help
maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood
blight areas; and
(G) Ensure
that potential buyers are notified that property is in a flood area.
(Ordinance 2011-14a adopted 5/14/11)
In order to accomplish its purposes, this chapter uses the following
methods:
(A) 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;
(B) Require
that uses vulnerable to floods, including facilities, which serve
such uses, be protected against flood damage at the time of initial
construction;
(C) Control
the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of floodwaters;
(D) Control
filling, grading, dredging, and other development which may increase
flood damage; and
(E) Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2011-14a adopted 5/14/11)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
ALLUVIAL FAN FLOODING.
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.
APEX.
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.
APPURTENANT STRUCTURE.
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.
AREA OF SHALLOW FLOODING.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community’s
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three 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.
AREA OF SPECIAL FLOOD HAZARD.
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 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.
BASE FLOOD.
The flood having a 1% chance of being equaled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE).
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.
BASEMENT.
Any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL.
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.
CRITICAL FEATURE.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
DEVELOPMENT.
Any human-made 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.
DISTRICT.
The city is divided into districts for the purpose of formulating
a Zoning and Planning Ordinance that allows property owners to determine
what type of housing and businesses will be allowed in the city. Districts
I and III (map attached to Ord. 2011-14a codified herein) allow single-family
dwellings, including manufactured homes, to be built in these districts,
but no commercial building. District II allows only single-family
built homes, excluding manufactured homes or commercial buildings.
District IV allows commercial building only. No single-family or manufactured
homes may be built in District IV.
ELEVATED BUILDING.
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.
EXISTING CONSTRUCTION.
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.
EXISTING MANUFACTURED HOME DISTRICT.
A manufactured home district 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.
EXPANSION TO AN EXISTING MANUFACTURED HOME DISTRICT.
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).
FLOOD or FLOODING.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters; or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD ELEVATION STUDY.
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.
FLOOD HAZARD BOUNDARY MAP (FHBM).
An official map of a community, issued by the Administrator,
where the boundaries of the flood, mudslide (i.e., mudflow) related
erosion areas having special hazards have been designated as Zones
A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM).
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.
FLOODPLAIN MANAGEMENT.
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.
FLOODPLAIN MANAGEMENT REGULATIONS.
Zoning ordinances, 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.
FLOOD PROTECTION SYSTEM.
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.
FLOOD-PROOFING.
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.
FUNCTIONALLY DEPENDENT USE.
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.
HIGHEST ADJACENT GRADE.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE.
Any structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
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;
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
(4)
Individually listed on a local inventory or historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program as determined by the Secretary
of the Interior; or
(b)
Directly by the Secretary of the Interior in states without
approved programs.
LEVEE.
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.
LEVEE SYSTEM.
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.
LOWEST FLOOR.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
or 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 the
National Flood Insurance Program sec. 60.3 regulations.
MANUFACTURED HOME.
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 concrete foundation when connected to the required utilities.
MANUFACTURED HOME does not include a “recreational vehicle”.
MEAN SEA LEVEL.
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.
NEW CONSTRUCTION.
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.
NEW MANUFACTURED HOME DISTRICT.
A manufactured home district 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.
RECREATIONAL VEHICLE.
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.
REGULATORY FLOODWAY.
The channel of a river or other watercourse and the adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height. Communities must regulate development in these
floodways to ensure that there are no increases in upstream flood
elevations. For streams and other watercourses where FEMA has provided
base flood elevations (BFEs), but no floodway has been designated,
the community must review floodplain development on a case-by-case
basis to ensure that increases in water surface elevations do no occur,
or identify the need to adopt a floodway if adequate information is
available.
RIVERINE.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, and the like.
START OF CONSTRUCTION.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), being 16
U.S.C. secs. 3501 et seq., 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.
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.
SUBSTANTIAL DAMAGE.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to it’s before damaged condition
would equal or exceed 50% of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before “start of construction”
of the improvement. This 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”.
VARIANCE.
A grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see the National Flood
Insurance Program sec. 60.6 regulations.)
VIOLATION.
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
the National Flood Insurance Program sec. 60.3(b)(5), (c)(4), (c)(10),
(d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in VIOLATION until
such time as that documentation is provided.
WATER SURFACE ELEVATION.
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 2011-14a adopted 5/14/11)
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(Ordinance 2011-14a adopted 5/14/11)
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the Flood Insurance Rate Map (FIRM),
Community Number 480695, dated 4/4/11, and any revisions thereto are
hereby adopted by reference and declared to be a part of this chapter.
(Ordinance 2011-14a adopted 5/14/11)
A floodplain development permit shall be required to ensure
conformance with the provisions of this chapter.
(Ordinance 2011-14a adopted 5/14/11)
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
chapter and other applicable regulations.
Penalty, see sec. 150.99
(Ordinance 2011-14a adopted 5/14/11)
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ordinance 2011-14a adopted 5/14/11)
In the interpretation and application of this chapter, all provisions
shall be considered as minimum requirements, liberally construed in
favor of the governing body, and deemed neither to limit nor repeal
any other powers granted under state statutes.
(Ordinance 2011-14a adopted 5/14/11)
The degree of flood protection required by this chapter 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 human-made or
natural causes. This chapter 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 chapter 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 chapter
or any administrative decision lawfully made hereunder.
(Ordinance 2011-14a adopted 5/14/11)