A.
Statutory Authorization.
1.
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.
2.
The City of Buda has been an active
participant community in the National Flood Insurance Program since
June 28, 2002.
B.
Findings of Fact.
1.
The flood hazard areas of Buda 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.
Statement of Purpose. It is the purpose
of these regulations 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 flood-prone 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.
Methods of Reducing Flood Losses.
In order to accomplish its purposes, these regulations use 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 flood waters;
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 flood waters or which
may increase flood hazards to other lands.
E.
Certificate of Adoption. It is hereby
found and declared by the City of Buda, that severe flooding has occurred
in the past within its jurisdiction and will certainly occur within
the future; that flooding is likely to result in infliction of serious
personal injury or death, and is likely to result in substantial injury
or destruction of property within its jurisdiction; in order to effectively
comply with minimum standards for coverage under the National Flood
Insurance Program; and in order to effectively remedy the situation
described herein, it is necessary that this ordinance become effective
immediately.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Lands to Which These Regulations
Apply. These regulations shall apply to all areas of special flood
hazard within the jurisdiction of the City of Buda.
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, Hays
County, Texas" dated September 2, 2005, with accompanying Flood Insurance
Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated
September 2, 2005, and any revisions thereto are hereby adopted by
reference and declared to be a part of this ordinance.
C.
Establishment of Floodplain Development
Permit. A Floodplain Development Permit shall be required to ensure
conformance with the provisions of this ordinance. The City shall
charge a fee for the issuance of the permit, which shall be set from
time to time by the City Council. The fee shall be payable at the
time the Application is submitted.
D.
Compliance. No structure or land
shall hereafter be located, altered, or have its use changed without
full compliance with the terms of this section and other applicable
regulations.
E.
Abrogation and Greater Restrictions.
This section is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this section
and another ordinance, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall
prevail.
G.
Warning and Disclaimer or Liability.
The degree of flood protection required by this ordinance 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 ordinance 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 ordinance 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 ordinance
or any administrative decision lawfully made hereunder.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Floodplain Administrator. The City
Engineer is hereby appointed the Floodplain Administrator to administer
and implement the provisions of this section and other appropriate
sections of 44 CFR (Emergency Management and Assistance - National
Flood Insurance Program Regulations) pertaining to floodplain management.
B.
Duties and Responsibilities of the
Floodplain Administrator. Duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to, the following:
1.
Maintain and hold open for public
inspection all records pertaining to the provisions of this section,
including all permit Applications and the action taken thereon under
C Permit Procedures.
2.
Review permit Application to determine
whether 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 these regulations.
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 Commission
on Environmental Quality, 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 4.06.02. B Basis for Establishing
the Areas of Special Flood Hazard, 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 4.06.04. Provisions for Flood
Hazard Reduction.
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 regulations regarding Revision to the FIRM of the National Flood Insurance Program, a community may approve certain development in Zones A1-30, AE, AH, on the City's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the City first completes all of the provisions required by Section 65.12 regulations regarding Revision to the FIRM.
C.
Permit Procedures.
1.
Application for a Development Permit
shall be presented to the Floodplain Administrator on forms furnished
by him/her and may include, but not be limited to, plans in duplicate
drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures,
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:
a.
Elevation (in relation to Mean Sea
Level), of the lowest floor (including basement) of all new and substantially
improved structures;
b.
Elevation in relation to Mean Sea
Level to which any nonresidential structure shall be floodproofed;
c.
A certificate from a registered professional
engineer or architect that the nonresidential floodproofed structure
shall meet the floodproofing criteria of 4.06.04. B Specific Standards;
d.
Description of the extent to which
any watercourse or natural drainage will be altered or relocated as
a result of proposed development;
e.
Maintain a record of all such information
in accordance with B.1 above;
2.
Approval or denial of a Development
Permit by the Floodplain Administrator shall be based on all of the
provisions of this section and the following relevant factors:
a.
The danger to life and property due
to flooding or erosion damage;
b.
The susceptibility of the proposed
facility and its contents to flood damage and the effect of such damage
on the individual owner;
c.
The danger that materials may be
swept onto other lands to the injury of others;
d.
The compatibility of the proposed
use with existing and anticipated development;
e.
The safety of access to the property
in times of flood for ordinary and emergency vehicles;
f.
The costs of providing governmental
services during and after flood conditions including maintenance and
repair of streets and bridges, and public utilities and facilities
such as sewer, gas, electrical and water systems;
g.
The expected heights, velocity, duration,
rate of rise and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site;
h.
The necessity to the facility of
a waterfront location, where applicable;
i.
The availability of alternative locations,
not subject to flooding or erosion damage, for the proposed use; and
j.
The relationship of the proposed
use to the comprehensive plan for that area.
k.
Technical review of a permit Application
for sound engineering practices may be performed by either the City
Engineer or by an appointed Professional Engineer.
D.
Waiver Procedures.
1.
Following recommendations from the
City Engineer, Director of Planning, and Planning and Zoning Commission,
the City Council shall hear and render judgment on requests for waivers
from the requirements of this section.
2.
The City Council shall hear and render
judgment on an appeal only when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this section.
3.
Any person or persons aggrieved by
the decision of the City Council may appeal such decision in the courts
of competent jurisdiction.
4.
The Floodplain Administrator shall
maintain a record of all actions involving an appeal and shall report
waivers to the Federal Emergency Management Agency upon request.
5.
Waivers 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
section.
6.
Waivers 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 C.2 above have been fully considered. As the lot size increases
beyond the 1/2 acre, the technical justification required for issuing
the waiver increases.
7.
Upon consideration of the factors
noted above and the intent of these regulations, the City Council
may attach such conditions to the granting of waivers as it deems
necessary to further the purpose and objectives of this section (4.06.01.
C Statement of Purpose).
8.
Waivers shall not be issued within
any designated floodway if any increase in flood levels during the
base flood discharge would result.
9.
Waivers 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 waiver is the
minimum necessary to preserve the historic character and design of
the structure.
10.
Prerequisites for granting waivers:
a.
Waivers shall only be issued upon
a determination that the waiver is the minimum necessary, considering
the flood hazard, to afford relief.
b.
Waivers shall only be issued upon:
i.
Showing a good and sufficient
cause;
ii.
A determination that
failure to grant the waiver would result in exceptional hardship to
the Applicant, and
iii.
A determination that
the granting of a waiver will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
c.
Any Application to which a waiver
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.
d.
Waivers 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
2017-13 adopted 10/2/2017)
A.
General Standards. In all areas of
special flood hazards the following provisions are required for all
new construction and substantial improvements:
1.
If a structure is damaged or destroyed
to an extent less than 50 percent of the market value of the structure
before the damage occurred, restoration shall be permitted. If the
destruction equals or exceeds 50 percent of the market value of the
structure before damage occurred, restoration of such building or
structure shall not be permitted. Substantial damage is cumulative
of the total value of restorations from all flood events to that structure.
A structure shall be deemed to be substantially improved or substantially
damaged when the cumulative cost of improvements or damage repairs,
when combined incrementally over a 10-year period of time, equals
or exceeds 50 percent of the market value of the structure.
2.
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.
All new construction or substantial
improvements shall be constructed by methods and practices that minimize
flood damage;
4.
All new construction or substantial
improvements shall be constructed with materials resistant to flood
damage;
5.
All new construction or substantial
improvements shall be constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities
that are designed or located so as to prevent water from entering
or accumulating within the components during conditions of flooding;
6.
All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
flood waters into the system;
7.
New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the system and discharge from the systems into flood
waters; and,
8.
On-site waste disposal systems shall
be located to avoid impairment to them or contamination from them
during flooding.
B.
Specific Standards. In all areas
of special flood hazards where Base Flood Elevation data has been
provided as set forth in 4.06.02. B Basis for Establishing the Areas
of Special Flood Hazard, 4.06.03. B.8, or C.3, the following provisions
are required:
1.
Residential Construction. New construction
and substantial improvement of any residential structure shall have
the lowest floor (including basement), elevated to or above the regulatory
flood datum. A registered Professional Engineer, Architect, or Land
Surveyor shall submit a certification to the Floodplain Administrator
that the standard of this subsection as proposed in 4.06.03. C.1.a
is satisfied. When a residential structure is intended to be constructed
in an Approximate A Zone, Base Flood Elevation data shall be determined
using the same engineering standards and methods that are used to
develop a Flood Elevation Study, and the lowest floor elevation of
the residential structure shall be elevated to or above the regulatory
flood datum. The lowest floor elevation of a residential structure
that is outside of an Area of Special Flood Hazard shall be elevated
12 inches above the adjacent grade or the adjacent street crown, whichever
is higher.
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 or above the regulatory flood datum
or, together with attendant utility and sanitary facilities, be designed
so that below the regulatory flood datum 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. When a nonresidential
structure is intended to be constructed in an Approximate A Zone,
Base Flood Elevation data shall be determined using the same engineering
standards and methods that are used to develop a Flood Elevation Study.
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 shall 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 1 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 shall 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 or above the regulatory flood datum 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 this subsection 4 be
elevated so that either:
i.
The lowest floor of the manufactured
home is at or above the regulatory flood datum, 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.
a.
Require that recreational vehicles
placed on sites within Zones A1-30, AH, and AE on the community's
FIRM either:
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.
6.
Prohibitions within Areas of Special
Flood Hazard.
a.
No Floodplain Development Permit
Application shall be approved for any structure or parking area that
encroaches on an Area of Special Flood Hazard unless:
b.
No encroachments, including fill,
new construction, substantial improvements, or other development,
shall be permitted within an Area of Special Flood Hazard 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. Such
encroachment shall not cause an adverse effect on the Area of Special
Flood Hazard or surrounding properties, and shall otherwise comply
with the requirements of this section.
c.
No fill material shall be used to
elevate any structure in Zones A, A1-30, AE, AO, AH, AR, or A99, unless:
i.
The fill material is compacted to
not less than 95 percent of the maximum dry density conforming to
Texas Department of Transportation Test Method Tex-114-E, "Laboratory
Compaction Characteristics & Moisture-Density Relationship of
Subgrade & Embankment Soil";
ii.
The fill material is
comprised of fine grained soils of low permeability, such as those
classified as CH, CL, SC, or ML according to ASTM Standard D-2487,
"Standard Practice for Classification of Soils for Engineering Purposes
(Unified Soil Classification System)"; and
iii.
The fill material is
homogeneous and isotropic (specifically, that the soil is all of one
material and the engineering properties are the same in all directions).
7.
Critical Facilities. Construction
and substantial improvement of any critical facility, such as EMS,
fire department, and police department, shall have the lowest floor
(including basement), elevated to or above the regulatory flood datum
or the 500-year floodplain elevation, whichever is higher in elevation.
A registered Professional Engineer, Architect, or Land Surveyor shall
submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in 4.06.03. C.1.a is satisfied.
8.
Hazardous Materials. Construction
and substantial improvement of any hazardous materials storage area
or structure, shall be elevated to or above the regulatory flood datum
or the 500-year floodplain elevation, whichever is higher in elevation.
A registered Professional Engineer, Architect, or Land Surveyor shall
submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in 4.06.03. C.1.a is satisfied.
9.
Elevation Certificate.
C.
An Elevation Certificate is required
for all new development regulated by this ordinance. All elevation
requirements noted in this ordinance shall be documented using the
NFIP Elevation Certificate, FEMA Form 086-0-33, as amended, which
shall be certified by a registered Professional Engineer, Architect,
or Land Surveyor, and submitted to the Floodplain Administrator. Standards
for Areas of Shallow Flooding (Awah Zones, as defined by FEMA).
Located within the areas of special
flood hazard established in 4.06.02. B 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 or 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 3 feet if no depth number is specified).
2.
All new construction and substantial
improvements of nonresidential structures;
a.
Have the lowest floor (including
basement) elevated to or above the Base Flood Elevation or the highest
adjacent grade at least as high as the depth number specified in feet
on the City's FIRM (at least 3 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 4.06.03. C are
satisfied.
4.
Require within Zones AH or AO adequate
drainage paths around structures on slopes, to guide flood waters
around and away from proposed structures.
D.
Floodways. Floodways located within
areas of special flood hazard established in 4.06.02. B are areas
designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall
apply:
1.
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.
2.
If 1 above is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of this 4.06.04. Provisions for
Flood Hazard Reduction.
3.
Under the provisions of 44 CFR Chapter 1, Section 65.12 regulations regarding Revision to the FIRM of the National Flood Insurance Program, 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 regulations regarding Revision to the FIRM.
4.
A final Site Plan may not be approved
unless the proposed development will not result in additional identifiable
adverse flooding on other property.
E.
Standards for Subdivision Proposals.
1.
All subdivision proposals including
the placement of manufactured home parks and subdivisions shall be
consistent with 4.06.01. B Findings of Fact, 4.06.01. C Statement
of Purpose, 4.06.01. D Methods of Reducing Flood Losses of this section.
2.
All proposals for the development
of subdivisions including the placement of manufactured home parks
and subdivisions shall meet Floodplain Development Permit requirements
of 4.06.02. C Establishment of Floodplain Development Permit, 4.06.03.
C Permit Procedures and the provisions of 4.06.04. Provisions for
Flood Hazard Reduction of this section.
3.
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 4.06.02. B Basis for Establishing
the Areas of Special Flood Hazard or 4.06.03. B.8 of this ordinance.
4.
All subdivision proposals including
the placement of manufactured home parks and subdivisions shall have
adequate drainage provided to reduce exposure to flood hazards.
5.
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.
6.
At least one entry street of collector
grade or higher classification into a subdivision shall be elevated
to or above the Base Flood Elevation to allow entry and exit of vehicles
during a base flood event.
F.
Improved Open Drainage Courses and
Enclosed Drainage Structures.
1.
All improvements to open drainage
courses and enclosed drainage structures in areas of special flood
hazard shall be designed by a registered Professional Engineer in
accordance with the City's Drainage Design Criteria, as amended, and
constructed to accommodate the base flood event.
a.
Upon completion, a registered Professional
Engineer shall certify in writing that the improvements made comply
with those designed.
b.
Improved drainage courses and structures
in areas of special flood hazard may be of earthen channel or concrete-lined
channel, provided the type of channel used satisfies all applicable
design criteria (velocity/type of soil, etc.).
c.
The design and construction of improved
drainage courses and structures shall provide for adequate access
to such drainage courses for the performance of necessary maintenance.
2.
All improved drainage courses and
structures in areas of special flood hazard meeting the requirements
of this ordinance shall be dedicated to the City and accepted for
maintenance by the City.
3.
The City shall maintain all improved
open drainage courses and enclosed drainage structures in areas of
special flood hazard provided that the requirements of F Improved
Open Drainage Courses and Enclosed Drainage Structures are satisfied.
The areas of special flood hazard shall be inspected on an annual
basis under the supervision of the City Engineer to determine if required
maintenance is being performed. Maintenance shall be performed as
often as necessary to keep the area free of debris and any rank growth
above the height of 18 inches above the finished grade of the improved
drainage course. Inspection for sedimentation shall be conducted as
determined by the City Engineer. Maintenance will be performed as
often as necessary to keep the sedimentation from exceeding 12 inches
in depth above the finished grade of the improved drainage courses.
All bottom profile inspections to determine the depth of sedimentation
will be coordinated and reviewed by the City Engineer.
(Ordinance
2017-13 adopted 10/2/2017)
