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)
