A. 
Authority.
Section 16.315, Tex. Water Code (the Flood Control Insurance Act) delegates the responsibility to local governmental units to adopt regulations that are designed to minimize flood losses. The City Council adopts this Division pursuant to this grant of authority. The regulations of this Division are intended to set out requirements that are not less stringent than those which are required for participation in the National Flood Insurance Program.
B. 
Findings of Fact.
The City Council finds that:
1. 
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.
2. 
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.
C. 
Purpose.
It is the purpose of this Division 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 sanitary sewer lines; streets and bridges located in floodplains;
6. 
Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and
7. 
Ensure that potential buyers are notified that property is in a flood area.
D. 
Interpretation.
In the interpretation and application of the floodplain management regulations, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the City; and
3. 
Deemed neither to limit or repeal any other powers granted under state statutes or the City’s Home Rule Charter.
E. 
Methods.
In order to accomplish its purposes, this Division sets out regulations that:
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; and
5. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Applicability.
This Division applies to all areas of special flood hazard within the jurisdiction of the City.
B. 
Basis for Establishing the Areas of Special Flood Hazard.
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 the DeWitt County, Texas and Incorporated Areas (City of Cuero, Community ID #480196), dated January 6, 2011,” with accompanying Flood Insurance Rate Maps and/or Flood Boundary - Floodway Maps (FIRM and/or FBFM) dated January 6, 2011, and any revisions thereto are hereby adopted by reference and declared to be a part of this Division.
C. 
Establishment of a Floodplain Development Permit.
A floodplain development permit shall be required to ensure conformance with the provisions of this Division.
D. 
Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Division and other applicable regulations.
E. 
Abrogation and Greater Restrictions.
This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, conditions, or restrictions (CCRs). However, where this Division and another ordinance, easement, covenant, condition, or restriction (e.g., a deed restriction) conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. 
Warning and Disclaimer of Liability.
The degree of flood protection required by this Division 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 man-made or natural causes. This Division 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 Division shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Division or any administrative decision lawfully made hereunder.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
This Section sets out the general and specific standards for flood hazard reduction.
B. 
General Standards for Flood Hazard Reduction.
1. 
Generally.
The requirements of this subsection apply to all new construction and substantial improvements in areas of special flood hazard.
2. 
Resistance to Hydrodynamic and Hydrostatic Loads.
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.
3. 
Construction to Minimize Flood Damage.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
4. 
Flood Damage Resistant Materials.
All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
5. 
Protection of Building Service Facilities.
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.
6. 
Protection of Water Supply Systems.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
7. 
Protection of Sanitary Sewer Systems.
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.
8. 
Location of On-Site Waste Disposal Systems.
On-lot sanitary sewage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
9. 
Limitations on Fill.
a. 
No fill shall be placed within a special flood hazard area unless the effect of the fill on water storage and water quality is fully mitigated in one or more of the following ways:
i. 
Excavation of a volume of soil comparable to the volume that was filled to bring the surface of the land to the base flood elevation. However, excavation is prohibited at depths that would be likely to:
a. 
Increase the velocity of stormwater flows;
b. 
Cause significant new erosion; or
c. 
Expose groundwater to contamination by pollutants which may be present in stormwater runoff;
ii. 
A stormwater management system is installed or improved in a location and manner that compensates for the removal of the filled area from the floodplain; or
iii. 
If the compensatory storage is provided in the floodplain, the combination of filling, compensatory storage, and detention is intended to lower the flood elevation by increasing channel capacity.
b. 
If fill is placed, the applicant shall provide a Hydraulics and Hydrology (H&H) study, which shall verify full mitigation, or, alternatively, support [supply] a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA).
C. 
Specific Standards for Flood Hazard Reduction.
1. 
Generally.
The requirements of this subsection apply to all areas of special flood hazards where base flood elevation data has been provided as set forth in:
a. 
Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard;
b. 
Section 13.202B.5., Floodplain Information and Determination; or
c. 
Subsection D.3., Generation of Base Flood Elevation Data, of this Section.
2. 
Residential Construction.
New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), duct work, exposed plumbing, and electrical components elevated at least one 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 is satisfied (see Section 14.303D., Floodplain Development Permit).
3. 
Nonresidential Construction.
a. 
New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either:
i. 
Have the lowest floor (including basement) elevated at least one foot above the base flood elevation; or
ii. 
Together with attendant utility and sanitary facilities, be designed so that below an elevation that is two feet above the base flood elevation, 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. This option is only allowed if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in Section 14.303E., Floodplain Development Variance, are met.
b. 
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.
c. 
A record of such certification which includes, if applicable, the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
4. 
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 one foot above grade; and
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.
5. 
Manufactured Homes.
a. 
Manufactured Homes in Zone A.
All manufactured homes to be placed within special flood hazard area Zone A 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. 
Manufactured Homes in Zones A1-30, AH, and AE.
All manufactured homes that are placed or substantially improved within special flood hazard area Zones A1-30, AH, and AE, 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, shall be:
i. 
Elevated on a permanent foundation such that the lowest structural member of the manufactured home is elevated at least one foot above the base flood elevation; and
ii. 
Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c. 
Manufactured Homes in Zones A1-30, AH, and AE (Existing Manufactured Home Parks and Subdivisions).
All manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE that are not subject to the provisions of subsection C.5.b., of this subsection be elevated so that either:
i. 
The lowest structural member of the manufactured home is at least one foot 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:
a. 
No less than 36 inches in height above grade; and
b. 
Securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
6. 
Recreational Vehicles.
a. 
Recreational vehicles that are placed on sites within Zones A1-30, AH, and AE shall:
i. 
Be on the site for fewer than 180 consecutive days; or
ii. 
Be fully licensed and ready for highway use, or
iii. 
Meet the permit requirements of Section 14.303D., Floodplain Development Permit, and the elevation and anchoring requirements for “manufactured homes” in subsection C.5., of this subsection.
b. 
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.
D. 
Standards for Subdivision Proposals.
1. 
Generally.
All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall be designed in light of the findings of fact contained in Section 6.201B., Findings of Fact, and in a manner that is consistent with Section 6.201C., Purpose, and Section 6.201E., Methods.
2. 
Permit Requirements.
All proposals for the development of subdivisions (including the placement of manufactured home parks and subdivisions) shall meet Floodplain Development Permit requirements of Section 14.303D., Floodplain Development Permit, and Division 6.200, Floodplain Management and Flood Damage Prevention.
3. 
Generation of Base Flood Elevation Data.
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 five acres, whichever is lesser, if not otherwise provided pursuant to Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, and Section 13.202B.5.a., Floodplain Information and Determination.
4. 
Adequate Drainage Required.
All subdivision proposals (including the placement of manufactured home parks and subdivisions) shall have adequate drainage to reduce exposure to flood hazards.
5. 
Arrangement of Development.
The standards of Part 2, Density, Intensity, Bulk and Scale, allow for the use of varied lot sizes and/or housing types in order to achieve the permitted density and protect the required amount of open space. In the application of these standards, parcels proposed for development shall be located outside of special flood hazard areas if possible.
6. 
Modification of Open Space Ratio.
Not less than 30 percent of the special flood hazard area of a parcel proposed for development shall be protected as common open space. This area is counted towards the open space ratio required by Section 3.101, Development Standards for New Residential Neighborhoods, then the larger open space ratio applies.
7. 
Elevated Primary Access Required.
The primary access to the subdivision (the access that connects to the highest order street or that provides the most direct route to the largest number of lots in the subdivision, as determined by the City Engineer) shall be elevated to or above the base flood elevation to allow for access by emergency vehicles.
8. 
Location of Public Utilities and Facilities.
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 distribution systems located and constructed to minimize or eliminate flood damage.
E. 
Standards for Areas of Shallow Flooding (AO/AH Zones).
1. 
Generally.
Located within the areas of special flood hazard established in Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, are areas designated as areas of shallow flooding. These areas have special flood hazards associated with flood depths 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; therefore, the provisions of this subsection shall apply.
2. 
Elevation of New Construction and Substantial Improvements (Residential).
All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated to the highest of the following:
a. 
One foot above the depth number specified on the applicable FIRM; or
b. 
One foot above the highest adjacent grade; or
c. 
One foot above the highest abutting curb elevation.
3. 
Elevation of New Construction and Substantial Improvements (Nonresidential).
a. 
All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to the highest of the following:
i. 
One foot above the depth number specified on the applicable FIRM; or
ii. 
One foot above the highest adjacent grade; or
iii. 
One foot above the highest abutting curb elevation.
b. 
In the alternative to elevating the building, the building may be floodproofed such that, together with attendant utility and sanitary facilities, it is designed so that below an elevation that is one foot above the depth number specified for the AO Zone, or below an elevation that is one foot above the base flood elevation in an AH Zone, 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. This option is allowed only if the Floodplain Administrator finds that the criteria for a floodplain variance that are set out in subsection 14.303E., Floodplain Development Variance, are met.
4. 
Certification Required.
A registered professional engineer, architect (for floodproofing options only), or registered professional land surveyor (for building elevation options only) shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied. See Section 14.303D., Floodplain Development Permit.
5. 
Drainage Paths.
Within Zones AH and AO, adequate drainage paths around structures shall be provided on slopes, to guide floodwaters around and away from proposed structures.
F. 
Floodways.
1. 
Generally.
Located within areas of special flood hazard established in Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, 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 provisions of this subsection shall apply:
2. 
Encroachments Prohibited.
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3. 
Permitted Exceptions.
a. 
If subsection F., of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6.202, General Provisions, and this Section; and
b. 
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
(Ordinance 2015-30 adopted 10/30/15)