(a)
Statutory authorization.
The legislature of the state,
in chapter 16 of the Texas Water Code, has conferred upon local government
units the authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the
board of aldermen of the city does hereby adopt the following floodplain
management regulations.
(b)
Findings of fact.
(1)
The flood hazard areas of the city are subject to periodic inundation
which can result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety,
and general welfare.
(2)
These flood losses are caused by uses that are inappropriately placed
and/or inadequately elevated, floodproofed, or protected from flood
damage. The cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities also contributes
to the flood loss.
(c)
Statement of purpose.
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; and streets and
bridges located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
blighted areas caused by flood damage;
(7)
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(d)
Methods of reducing flood losses.
In order to accomplish
its purposes, this article includes methods and provisions to:
(1)
Restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or 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 help accommodate or channel 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
in other areas.
(Ordinance 051 Rev. 1, sec. 1.0,
adopted 1/17/2012)
See article 1.02.
(Ordinance 051 Rev. 1, sec. 2.0,
adopted 1/17/2012; Ordinance adopting
Code)
(a)
Lands to which this article applies.
This article shall
apply to all areas of special flood hazards 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 Insurance
and Mitigation Administration (FIMA) of the Federal Emergency Management
Agency (FEMA) in the flood insurance study (FIS) dated March 15, 2012
and accompanying flood insurance rate maps (FIRMs) and flood boundary
and floodway maps (FBFMs), dated March 15, 2012, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared
to be a part of this article. This FIS and attendant mapping is the
minimum area of applicability of this article and may be supplemented
by studies for other areas which allow implementation of this article
and which are recommended to the city by the floodplain administrator.
The study, FIRMs and FBFMs are on file at Highland Haven City Hall,
510-A Highland Dr., Highland Haven, TX 78654-8223.
(c)
Compliance.
No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the terms of this article and other applicable regulations.
Violation of the requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Nothing herein shall prevent the city from taking such
lawful action as is necessary to prevent or remedy any violation.
(d)
Abrogation and greater restrictions.
This article is
not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another
ordinance, easement, covenant, or 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 article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by human-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
city, any officer or employee thereof, the state, or the Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance on this article or
any administrative decision lawfully made hereunder.
(Ordinance 051 Rev. 1, sec. 3.0,
adopted 1/17/2012)
(a)
Establishment of development/building permit.
A development/building permit shall be obtained before any construction or other development begins within any area of the jurisdiction of the city. Application for a development permit shall be made on forms furnished by the floodplain administrator and, for sites located in the special flood hazard area established in section 4.04.003(b), may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1)
Site plan, including but not limited to:
(A)
For all proposed structures, spot ground elevations at building corners
and one-foot contour elevations throughout the building site;
(B)
Proposed locations of water supply, sanitary sewer, and utilities;
(C)
If available, the base flood elevation from the flood insurance study
and/or flood insurance rate map; and
(D)
If applicable, the location of the special flood hazard area and
floodway;
(2)
Foundation design detail, including but not limited to:
(A)
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(B)
For a crawl-space foundation, location and total net area of foundation openings as required in section 4.04.005(a)(6)(C) of this article and FEMA Technical Bulletins 1-93 and 7-93; and
(C)
For foundations placed on fill, the location and height of fill,
and compaction to be achieved (compacted to a minimum of 95 percent
using the Standard Proctor Test method);
(3)
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in section 4.04.005(a)(6)(B) of this article and FEMA Technical Bulletin TB 3-93;
(5)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(b)
Approval or denial of development permit.
Approval or
denial of a development permit by the floodplain administrator shall
be based on all of the provisions of this article and the following
relevant factors:
(1)
The danger to life and property due to flooding or erosion;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6)
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;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(10)
The relationship of the proposed use to the comprehensive plan for
that area.
(c)
Designation of floodplain administrator.
A floodplain
administrator [shall be] appointed by resolution of the board of aldermen
to administer, implement, and enforce this article by granting or
denying development permits in accord with its provisions.
(d)
Duties and responsibilities of floodplain administrator.
The duties and responsibilities of the floodplain administrator shall
include but not be limited to the following:
(1)
Permit review.
Review and recommend to board of aldermen
approval or disapproval of all development/building permits regarding
to new construction, building additions, or any additions within a
designated flood hazard area to determine that:
(A)
Permit requirements of this article have been satisfied;
(B)
All other required state and federal permits have been obtained;
(C)
The site is reasonably safe from flooding; and
(D)
The proposed development does not adversely affect the carrying capacity
of areas where base flood elevations have been determined but a floodway
has not been designated. For purposes of this article, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development
will increase the water surface elevation of the base flood more than
one foot at any point.
(2)
Review, use and development of other base flood data.
(A)
When base flood elevation data has not been provided in accordance with section 4.04.003(b), the floodplain administrator may obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section 4.04.005. Any such information shall be submitted to the governing body for adoption; or
(B)
If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer section 4.04.005:
(i)
Simplified method:
(3)
Notification of other agencies.
In alteration or relocation
of a watercourse:
(A)
Notify adjacent communities, the state commission on environmental
quality, and U.S. Army Corps of Engineers prior to development approval;
(B)
Submit evidence of such notification to the Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency; and
(C)
Assure that the flood-carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(4)
Documentation of floodplain development.
Require and
maintain for public inspection and make available as needed the following:
(A)
Certification required by sections 4.04.005(a)(6)(A) and 4.04.005(d) (lowest floor elevations);
(B)
Certification required by section 4.04.005(a)(6)(B) (elevation or floodproofing of nonresidential structures);
(C)
Certification required by section 4.04.005(a)(6)(C) (wet floodproofing standard);
(D)
Certification of elevation required by section 4.04.005(c)(2) (subdivision standards);
(E)
Certification required by section 4.04.005(f)(1) (floodway encroachments).
(5)
Map determinations.
Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 4.04.006.
(6)
Remedial action.
Take action to remedy violations of this article as specified in section 4.04.003(c).
(e)
Appeals.
The board of aldermen of the city shall hear
and decide appeals 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 article.
(Ordinance 051 Rev. 1, sec. 4.0,
adopted 1/17/2012)
(a)
Standards of construction.
In all areas of special flood
hazards the following standards are required:
(1)
No rise of BFE in the floodplain.
No new construction,
substantial improvements, or other development (including cut and/or
fill) shall be permitted within zones A and A0-A30 [A1-A30] on the
community's flood insurance rate maps unless it is first demonstrated
by engineering data submitted by the applicant's engineer in accordance
with the various requirements and procedures set forth in this article
that the cumulative effect of the proposed development will not increase
the water surface elevation of the base flood at any point within
the community, or immediately adjacent to its territory.
(2)
Compensatory storage.
Whenever any portion of a floodplain
is authorized for use, the space occupied by the authorized fill or
structure below the base flood elevation shall be compensated for
and balanced by a hydraulically equivalent volume of excavation taken
from below the base flood elevation when the fill would measurably
raise the floodplain elevation. All such excavations shall be constructed
to drain freely to the watercourse.
(3)
Erosive water velocity.
New development or substantial
improvement in the 100-year floodplain may not increase erosive water
velocity on-site or off-site.
(4)
Anchoring.
(A)
All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
(5)
Construction materials and methods.
All new construction
and substantial improvement shall be constructed:
(A)
With flood-resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
(B)
Using methods and practices that minimize flood damage;
(C)
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; located two feet above the base flood
elevation.
(6)
Elevation and floodproofing.
(See article 1.02, definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")
(A)
Residential construction, new or substantial improvement, shall have
the lowest floor, including basement, elevated to or above two feet
above the base flood elevation; said base flood elevation shall be
determined by one of the methods in section 4.04.004(c)(2) of this
article. Upon the completion of construction of the foundation, and
prior to any additional construction, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall
be provided to the floodplain administrator.
(B)
Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (a)(5) of this section or together with attendant utility and sanitary facilities:
(i)
Be floodproofed below the elevation recommended under subsection (a)(6)(A) of this section so that the structure is watertight with walls substantially impermeable to the passage of water;
(ii)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(iii)
Be certified by a registered professional engineer or architect that the standards of this section (subsection (a)(6)(B)) are satisfied. Such certification shall be provided to the floodplain administrator.
(C)
All new construction and substantial improvements with fully enclosed
areas below the lowest floor (excluding basements) that are usable
solely for parking of vehicles, building access or storage, 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 floodwater. Designs for meeting this requirement shall
follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93,
and must exceed the following minimum criteria:
(i)
Have a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater; and
(ii)
Be certified by a registered professional engineer or architect.
(b)
(c)
Standards for subdivisions.
(1)
All preliminary subdivision proposals shall identify the special
flood hazard area and the elevation of the base flood.
(2)
All subdivision plans will provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation,
the lowest floor and pad elevations shall be certified by a registered
professional engineer or surveyor and provided to the floodplain administrator.
(3)
All subdivision proposals shall be consistent with the need to minimize
flood damage.
(4)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(5)
All subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
(6)
All subdivision plans shall identify at least one surveyed, permanently
installed monument. Additional monuments will be required for every
100 acres on the site described for development.
(d)
Standards for manufactured homes.
(1)
All manufactured homes that are placed or substantially improved,
within zones A1-30, AH, and AE on the community's flood insurance
rate map, shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to or above two
feet above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(3)
All manufactured homes to be placed or substantially improved on sites in a subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of subsection (d)(1) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either:
(A)
The lowest floor of the manufactured home is at or above two feet
above the base flood elevation; or
(B)
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.
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Upon the completion of construction of the foundation, and prior
to any additional construction, the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community building inspector
to be properly elevated. Such certification and verification shall
be provided to the floodplain administrator.
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(e)
Standards for recreational vehicles.
(1)
All recreational vehicles placed on sites within zones A1-30, AH,
and AE on the community's flood insurance rate map will either:
(A)
Be on the site for fewer than 180 consecutive days, and be fully
licensed and ready for highway use; 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; or
(f)
Floodways.
Located within areas of special flood hazard established in section 4.04.003(b) 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 following provisions apply.
(1)
Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development.
(g)
Flood-related erosion-prone areas.
(1)
The floodplain administrator shall require permits for proposed construction
and other development within all flood-related erosion-prone areas
as known to the community.
(2)
Permit applications shall be reviewed to determine whether the proposed
site alterations and improvements will be reasonably safe from flood-related
erosion and will not cause flood-related erosion hazards or otherwise
aggravate the existing hazard.
(3)
If a proposed improvement is found to be in the path of flood-related
erosion or would increase the erosion hazard, such improvement shall
be relocated or adequate protective measures shall be taken to avoid
aggravating the existing erosion hazard.
(4)
Within zone E on the flood insurance rate map, a setback is required
for all new development from the ocean, lake, bay, riverfront or other
body of water to create a safety buffer consisting of a natural vegetative
or contour strip. This buffer shall be designated according to the
flood-related erosion hazard and erosion rate, in relation to the
anticipated useful life of structures, and depending upon the geologic,
hydrologic, topographic, and climatic characteristics of the land.
The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas,
and for other activities using temporary and portable structures only.
(Ordinance 051 Rev. 1, sec. 5.0,
adopted 1/17/2012; Ordinance adopting
Code)
(a)
Nature of variances.
(1)
The variance criteria set forth in this section are based on the
general principle of zoning law that variances pertain to a piece
of property and are not personal in nature. A variance may be granted
for a parcel of property with physical characteristics so unusual
that complying with the requirements of this article would create
an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain
to the land itself, not to the structure, its inhabitants, or the
property owners.
(2)
It is the duty of the city to help protect its citizens from flooding.
This need is so compelling and the implications of the cost of insuring
a structure built below flood level are so serious that variances
from the flood elevation or from other requirements in this article
shall be strictly limited.
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Note: The long-term goal of preventing and reducing flood loss
and damage can only be met if variances are strictly limited. Therefore,
the variance guidelines provided in this article are more detailed
and contain multiple provisions that must be met before a variance
can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
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(b)
Appeal board.
(1)
In responding to requests for variances, the board of aldermen shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and:
(A)
The danger that materials may be swept onto other lands to the injury
of others;
(B)
The danger of life and property due to flooding or erosion damage;
(C)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the existing individual owner
and future owners of the property;
(D)
The importance of the services provided by the proposed facility
to the community;
(E)
The necessity to the facility of a waterfront location, where applicable;
(F)
The availability of alternative locations for the proposed use that
are not subject to flooding or erosion damage;
(G)
The compatibility of the proposed use with existing and anticipated
development;
(H)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(I)
The safety of access to the property in time of flood for ordinary
and emergency vehicles;
(J)
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
(K)
The costs of providing governmental services during and after flood
conditions, including rescue services, maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and maintenance and repair of streets and bridges.
(2)
Any applicant to whom a variance is granted shall be given written
notice over the signature of a community official that:
(A)
The issuance of a variance to construct a structure below the base
flood level may result in increased premium rates for flood insurance;
and
(B)
Such construction below the base flood level increases risks to life
and property. It is recommended that a copy of the notice shall be
recorded by the floodplain administrator in the Burnet County official
public records and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
(3)
The floodplain administrator will maintain a record of all variance
actions, including justification for their issuance, and report such
variances issued in its biennial report submitted to the Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency.
(c)
Conditions for variances.
(1)
Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a
lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood
level, providing that the procedures of this article have been fully
considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(2)
Variances shall not be granted within any special flood hazard area
if any measurable increase in flood levels during the base flood discharge
would result.
(3)
Variances shall only be issued upon a determination that the variance
is the "minimum necessary," considering the flood hazard, to afford
relief. "Minimum necessary" means to afford relief with a minimum
of deviation from the requirements of this article. For example, in
the case of variances to an elevation requirement, this means the
city need not grant permission for the applicant to build at grade,
or even to whatever elevation the applicant proposes, but only to
that elevation which the city determines will both provide relief
and preserve the integrity of the local ordinance.
(4)
Variances shall only be issued upon:
(A)
A showing of good and sufficient cause;
(B)
A determination that failure to grant the variance would result in exceptional "hardship" (as defined in article 1.02) to the applicant; and
(C)
A determination that the granting of a variance will not result in substantial increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in article 1.02, see "Public safety and nuisance"), cause fraud or victimization (as defined in article 1.02) of the public, or conflict with existing local laws or ordinances.
(5)
Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (c)(1) through (c)(4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(Ordinance 051 Rev. 1, sec. 6.0,
adopted 1/17/2012; Ordinance adopting
Code)
