City of Buda, TX Subsection 4.06 Flood Damage Prevention Regulations

4.06.01 Generally.

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 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.

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; Ordinance 2025-04 adopted 1/10/2025)

4.06.02 General Provisions.

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 (FIS) for Hays County, TX and Incorporated Areas" dated January 17, 2025, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated January 17, 2025, 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.

F. Interpretation. In the interpretation and application of these regulations, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under State statutes.

G. Warning and disclaimer of 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 manmade 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; Ordinance 2025-04 adopted 1/10/2025)

4.06.03 Administration.

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 subsection 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 section 4.06.02B 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 section 4.06.04, Provisions for Flood Hazard Reduction.

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 section 4.06.04B, 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 subsection 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, Development Services Director, 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 subsection 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 (section 4.06.01C 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:

i. The criteria outlined in subsections D.1 through D.9 above are met; and

ii. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2025-04 adopted 1/10/2025; Ordinance 2025-47 adopted 10/8/2025)

4.06.04 Provisions for Flood Hazard Reduction.

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 floodwaters into the system;

7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; 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 section 4.06.02B, Basis for Establishing the Areas of Special Flood Hazard, section 4.06.03B.8, or section 4.06.03C.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 section 4.06.03C.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 B.4 above 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:

i. Be on the site for fewer than 180 consecutive days, or

ii. Be fully licensed and ready for highway use, or

iii. Meet the permit requirements of section 4.06.03C.1, and the elevation and anchoring requirements for manufactured homes" in subsection B.4 above.

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:

i. The parking area is smaller than 5,000 square feet, or

ii. The structure is unoccupied and has an area of less than 1,000 square feet,

iii. The lowest finished floor elevation of the structure is elevated to or above the regulatory flood datum.

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 and 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 section 4.06.03C.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 section 4.06.03C.1.a is satisfied.

C. Elevation certificate. An Elevation Certificate is required for all new development and substantial improvements regulated by this ordinance. All elevation requirements noted in this ordinance shall be documented using the NFIP Elevation Certificate, FEMA FORM FF-206-FY-22-152, as amended, which shall be certified by a registered Professional Engineer, Architect, or Land Surveyor, and submitted to the Floodplain Administrator.

D. Standards for areas of shallow flooding (AH Zones, as defined by FEMA).Located within the areas of special flood hazard established in section 4.06.02B 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 section 4.06.03C are satisfied.

4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

E. Floodways. Floodways located within areas of special flood hazard established in section 4.06.02B 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 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 subsection E.1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection 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.

F. Standards for subdivision proposals.

1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with section 4.06.01B, Findings of Fact, section 4.06.01C, Statement of Purpose, section 4.06.01D, 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 section 4.06.02C, Establishment of Floodplain Development Permit, section 4.06.03C, Permit Procedures and the provisions of section 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 section 4.06.02B, Basis for Establishing the Areas of Special Flood Hazard or section 4.06.03B.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.

G. 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 this subsection G 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; Ordinance 2025-04 adopted 1/10/2025; Ordinance 2025-47 adopted 10/8/2025)