The legislature of the state has, in Tex. Water Code sections
16.311 through 16.319, delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Therefore,
the city council does ordain this article.
(1997 Code, sec. 153.01)
It is the purpose of this article to promote the public health,
safety, and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1) Protect
human life and health.
(2) Minimize
expenditure of public money for costly flood control projects.
(3) Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
(4) Minimize
prolonged business interruptions.
(5) Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, 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.
(7) Ensure
that potential buyers are notified that the property is in a flood
area.
(1997 Code, sec. 153.03)
In order to accomplish its purposes, this article uses 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 floodwaters.
(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 floodwaters or which may increase flood hazards to other lands.
(1997 Code, sec. 153.04)
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Appeal.
A request for a review of the floodplain administrator’s
interpretation of any provision of this article or a request for a
variance.
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 ratemaking has been completed in preparation for publication
of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1-99,
VO, V1-30, VE or V.
Base flood.
The flood having a 1% chance of being equaled or exceeded
in any given year.
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 man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
Elevated building.
A nonbasement building, built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor, or, in the case of a building in zone V1-30,
VE, or V, to have the bottom of the lowest horizontal structural member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water, and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH,
B, C, X, and D, “elevated building” also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
in the case of zone V1-30, VE, or V, “elevated building”
also includes a building otherwise meeting the definition of “elevated
building,” even though the lower area is enclosed by means of
breakaway walls, if the breakaway walls meet the standards of 44 CFR
60.3(e)(5) of the National Flood Insurance Program regulations.
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.”
Flood hazard boundary map (FHBM).
An official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated the boundaries of the flood;
mudslide (i.e., mudflow) related erosion areas having special hazards
have been designated as zone A, M, and/or E.
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.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
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
areas 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.
Levee.
A man-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
of 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 44 CFR 60.3,
the National Flood Insurance Program 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 foundation when connected to the required utilities. For
floodplain management purposes the term “manufactured home”
also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes the term “manufactured home” does not include
park trailers, travel trailers, and other similar vehicles.
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 floodplain management purposes, structures for which
the “start of construction” commenced on or after the
effective date of a floodplain management regulation adopted by a
community.
Start of construction.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), includes
substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
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.
Structure.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Substantial improvement.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started; or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either: any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions; or any alteration of a structure listed on
the National Register of Historic Places or a state inventory of historic
places.
Variance.
A grant of relief to a person from the requirements of this
article when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this article. (For full requirements see section
60.6 of the National Flood Insurance Program 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
44 CFR 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.
(1997 Code, sec. 153.05)
This article shall apply to all areas of special flood hazard
within the jurisdiction of the city.
(1997 Code, sec. 153.06)
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its flood hazard boundary map (FHBM),
Community No. H-01, dated 12/19/75, and any revisions thereto, are
hereby adopted by reference and declared to be a part of this article.
(1997 Code, sec. 153.07)
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
article and other applicable regulations.
(1997 Code, sec. 153.08)
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and another ordinance conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(1997 Code, sec. 153.09)
In the interpretation and application of this article, 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.
(1997 Code, sec. 153.10)
The degree of flood protection required by this article 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 article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This article shall not create
liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(1997 Code, sec. 153.11)