See article 1.02 (Definitions) and article 4.04 (Floodplain Management) for a complete list. The following definitions are taken verbatim and added to this article:
The cost to replace an insured item of property at the time
of loss, less the value of physical depreciation.
Base flood elevations (BFEs) are shown on flood insurance
rate maps (FIRMs) and on the flood profiles. The BFE is the regulatory
requirement for the elevation or floodproofing of structures. The
relationship between the BFE and a structure's elevation determines
the flood insurance premium.
That portion of an elevated building below the lowest elevated
floor that is either partially or fully shut in by rigid walls.
The price that the seller is willing to accept and the buyer
is to pay on the open market and in an arm's length transaction.
Zone A:
Areas with a 1% chance of flooding and a 26% chance of flooding
over the life of a 30 [year] mortgage. Because detailed analyses are
not performed for such areas, no depths or base flood elevations are
shown within these zones.
Zone AE:
The base floodplain where base flood elevations are provided.
AE zones are now used on new format FIRMs instead of A1-A30 zones.
Zone X:
Areas of minimal/moderate flood hazard, usually the area
between the limits of the 100-year and 500-year floods.
An additional amount of height above the base flood elevation
used as a factor of safety (e.g., 2 feet above the base flood) in
determining the level at which a structure's lowest floor must be
elevated or floodproofed to be in accordance with state or community
floodplain management regulations.
Coverage for expenses that a property owner must incur, above
and beyond the cost to repair the physical damage the structure actually
sustained from a flooding event, to comply with mitigation requirements
of state or local floodplain management ordinances or laws. Acceptable
mitigation measures are elevation, floodproofing, relocation, demolition
or any combination thereof.
A building for which construction or substantial improvement
occurred after December 31, 1974 or on or after the effective date
of an initial flood insurance rate map (FIRM), whichever is later.
A building for which construction or substantial improvement
occurred on or before December 31, 1974 or before the effective date
of an initial flood insurance rate map (FIRM).
Any building that:
Is covered under a standard flood insurance policy made available
under this article;
Has incurred flood damage for which:
4 or more separate claim payments have been made under a standard
flood insurance policy issued pursuant to this article, with the amount
of each such claim exceeding $5,000.00, and with the cumulative amount
of such claims payments exceeding $20,000.00; or
At least 2 separate claims payments have been made under a standard
flood insurance policy, with the cumulative amount of such claim payments
exceeding the fair market value of the insured building on the day
before each loss.
FEMA's removal of an NFIP participating community from the
program because the community has not enacted and/or enforced the
proper floodplain management regulations required for participation.
(Ordinance 101, sec. 1, adopted 2/18/2020)
(b)
FEMA
Unit 7: Ordinance Administration.
(c)
FEMA
Unit 8: Substantial Improvement and Substantial Damage.
(d)
FEMA
NFHL and FIRM maps.
(e)
Burnet
County development services.
(f)
State
division of emergency management.
(Ordinance 101, sec. 2, adopted 2/18/2020)
This article will apply to all areas of the city identified
by FEMA NFHL and FIRM maps as a floodplain or flood-prone area (zone
A and zone AE).
(Ordinance 101, sec. 3, adopted 2/18/2020)
(a)
The
board of aldermen (BOA) as the governing body of the city establishes
the base flood elevation (BFE), also known as "100-year flood" elevation,
for areas of the city where no BFE has been engineered (zone A). The
BOA uses available data from FEMA NFHL and FIRM maps and site surveys
and elevation certificates of elevations of individual lots in the
city that are produced by licensed surveyors. Based on the known data
from these sources maintained by the city, and the experience from
flood events and water encroachment relative to the designated base
flood elevations and elevation certificates of properties located
throughout zone A, the city can confidently establish the base flood
elevation.
(b)
The
current base flood elevation for areas of the city where no BFE has
been engineered (zone A), based on historical data retained in the
office, is hereby established as 831 feet above sea level.
(Ordinance 101, sec. 4, adopted 2/18/2020)
(a)
In
common parlance, market value is the price a willing buyer and seller
agree upon. The market value of a structure reflects its original
quality, subsequent improvements, physical age of building components
and current condition. However, market value for property can be different
than that of the building itself. Market value of developed property
varies widely due to the desirability of its location. For example,
two houses of similar size, quality and condition will have far different
prices if one is on the coast, or in the best school district, or
closer to town than the other, but the value of the building materials
and labor that went into both houses will be nearly the same.
(1)
Acceptable estimates of market value can be obtained from these sources:
An independent appraisal by a professional appraiser. The appraisal
must exclude the value of the land and not use the "income capitalization
approach" which bases value on the use of the property, not the structure.
(2)
Detailed estimates of the structure's actual cash value - the replacement
cost for a building, minus a depreciation percentage based on age
and condition. For most situations, the building's actual cash value
should approximate its market value. The community may prefer to use
actual cash value as a substitute for market value, especially where
there is not sufficient data or enough comparable sales.
(3)
Property values used for tax assessment purposes with an adjustment
recommended by the tax appraiser to reflect current market conditions
(adjusted assessed value).
(4)
The value of buildings taken from NFIP claims data (usually actual
cash value).
(5)
Qualified estimates based on sound professional judgment made by
the staff of the local building department or tax assessor's office.
(b)
Some
market value estimates are often used only as screening tools (i.e.,
NFIP claims data and property appraisals for tax assessment purposes)
to identify those structures where the substantial improvement ratios
are obviously less than or greater than 50 percent (i.e., less than
40 percent or greater than 60 percent). For structures that fall in
the 40 percent to 60 percent range, more precise market value estimates
are sometimes necessary.
(Ordinance 101, sec. 5, adopted 2/18/2020)
(a)
Substantial improvement is defined in article 4.04 (Floodplain Management), FEMA Unit 8, and Marshall Swift guidelines.
(1)
Any new construction, addition, remodel or repair on an existing
structure, that is wholly or partially within the boundary of the
base flood elevation or within the floodplain or flood-prone area,
requires the property owner to submit a completed and signed "Application
for Building Within the Floodplain or Flood-Prone Area." A current
elevation certificate or site survey showing the demarcated base flood
elevation must accompany the application.
(2)
The cost of new construction, addition, remodel or repair on an existing
structure that is wholly or partially within the boundary of the base
flood elevation or within a floodplain or flood-prone area will be
reviewed by the floodplain administrator for compliance with substantial
improvement before a building permit is issued.
(3)
Decisions to award permits within the BFE or floodplain or flood-prone
area are based on the evaluation tools available in FEMA Unit 8 and
Marshall Swift Guidelines.
(4)
The final decisions on substantial improvement projects will be made
by the floodplain administrator and witnessed/co-signed by the city
building permit officer or an elected city official as designated
in the "Application for Building Within the Floodplain or Flood-Prone
Area." For the purposes of determining substantial improvement, market
value pertains only to the structure in question. It does not pertain
to the land, landscaping or detached accessory structures on the property.
Any value resulting from the location of the property should be attributed
to the value of the land, not the building.
(5)
Items to be included:
(A)
All structural elements, including:
(i)
Spread or continuous foundation footings and pilings.
(ii)
Monolithic or other types of concrete slabs.
(iii)
Bearing walls, tie beams and trusses.
(iv)
Floors and ceilings.
(v)
Attached decks and porches.
(vi)
Interior partition walls.
(vii)
Exterior wall finishes (brick, stucco, siding) including painting
and moldings.
(viii)
Windows and doors.
(ix)
Re-shingling or re-tiling a roof.
(x)
Hardware.
(B)
All interior finishing elements, including:
(D)
Cost to demolish storm-damaged building components.
(E)
Labor and other costs associated with moving or altering undamaged
building components to accommodate improvements or additions.
(F)
Overhead and profits.
(b)
Substantial damage is defined in article 4.04 (Floodplain Management), FEMA Unit 8, and Marshall Swift guidelines.
(1)
Substantial damage may result from any cause (fire, tornado, high
winds, etc.) and is not restricted to flooding.
(2)
Any repair on an existing structure that is wholly or partially within
the boundary of the base flood elevation or within a floodplain or
flood-prone area, to restore it to its pre-damaged condition (immediately
before the damage occurred), requires the property owner to submit
a completed and signed "Application for Building Within the Floodplain
or Flood-Prone Area." A current elevation certificate or survey must
accompany the application.
(3)
The cost of repair on an existing structure that is wholly or partially
within the boundary of the base flood elevation or within a floodplain
or flood-prone area will be reviewed by the floodplain administrator
for compliance with substantial damage before a building permit is
issued.
(4)
Decisions to award permits within the BFE or floodplain or flood-prone
area are based on the evaluation tools available in FEMA Unit 8 and
Marshall Swift guidelines.
(5)
Any costs of upgrading, remodeling, or additions to the structure
will be included in the determination of substantial damage.
(6)
The final decisions on substantial improvement projects will be made
by the floodplain administrator and witnessed/co-signed by the city
building permit officer or an elected city official as designated
in the "Application for Building Within the Floodplain or Flood-Prone
Area."
(Ordinance 101, sec. 6, adopted 2/18/2020)
The city will use newsletters, notices, and other media resources
to inform property owners of the risks that may be present as a result
of construction that exists or is planned within the boundary of the
base flood elevation or within a floodplain or flood-prone area in
the city. Additionally, other efforts, including but not limited to
those listed here, will be undertaken.
(1)
City officials, boards, commissions, association officers, and city staff will be aware of floodplain issues covered by article 4.04 and this article and will make efforts to inform the community of property owners.
(2)
Members
of the BOA, the P&Z commission, property owners' association officers,
city staff, and the floodplain administrator will make available and
offer presentations to various community gatherings or meetings such
as Highland Haven Ladies Club or other civic organizations to present
information on the floodplain and floodplain management.
(3)
Members
of the BOA, the P&Z commission, property owners' association officers,
city staff, and the floodplain administrator will offer to meet with
realtor organizations to present information and receive feedback
on floodplain and floodplain management in the city and to elicit
feedback and encourage transparency on the information presented to
property buyers and sellers.
(Ordinance 101, sec. 7, adopted 2/18/2020)
In the event of a flood which damages residences or other qualified
structures within the city, the city will take actions to track damages
and collect data from owners to be retained for use in communication
of losses to county, state, or federal (FEMA) officials.
(1)
Data
on damage assessments completed by owners, contractors, and/or city
officials will be tracked on hard copy logs or electronic format.
(2)
All
damage assessments will be validated by the floodplain administrator
and a city official.
(3)
Emergency
building permits may be issued without charge by consent of the board
of aldermen for owners to restore property to its pre-flood condition.
Otherwise, standard building permit practices will be followed.
(4)
All
building permits issued as a result of flooding of a residence or
qualified structure will be reviewed by the floodplain administrator
and substantial damage criteria applied.
(5)
The
floodplain administrator, elected city officials, and city staff will
represent the city at flood information or recovery symposia, workshops,
presentations, etc., to the extent necessary to coordinate recovery
efforts with other municipalities, counties, and state, federal, or
other government jurisdictions.
(Ordinance 101, sec. 8, adopted 2/18/2020)
Annual attendance of training will be documented for the following
city officials:
(1)
The
floodplain administrator.
(2)
The
mayor and elected officials (board of aldermen).
(3)
Members
of the planning and zoning commission.
(4)
The
building permit officer.
(5)
City
staff as directed by the board of aldermen.
(Ordinance 101, sec. 9, adopted 2/18/2020)
