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HomeMy WebLinkAbout87-2687ORDINANCE NO. 87-2687 AN ORDINANCE REPEALING ORDINANCE NO. 78-2198 AND ADOPTING A NEW ORDINANCE ESTABLISHING THE ADMINISTRATIVE PROCEDURE FOR FLOOD HAZARD PREVENTION IN THE CITY OF PLAINVIEW, TEXAS; SETTING OUT THE STATUTORY AUTHORITY; FINDINGS OF FACT; STATEMENT OF PURPOSE; AND METHODS OF REDUCING FLOOD LOSSES; DEFINITIONS; GENERAL PROVISIONS; DESIGNATION OF DIRECTOR OF THE MUNICIPAL SERVICES AS LOCAL ADMINISTRATOR, AUTHORIZING HIM TO ISSUE PER~{ITS; ESTABLISHING VARIANCE PROCEDURES AND APPEAL PROCEDURES; AND SETTING GENERAL STANDARDS FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING A PENALTY; AND DECLARING PASSAGE OF SUCH AN ORDINANCE AS AN EMERGENCY; PROVIDING A SEVERABILITY CLAUSE; WHEREAS, the City Council of the C~ty of Plainview has found that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; and WHEREAS, 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; and WHEREAS, in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and WHEREAS, in order to effectively remedy the situation described herein, it is necessary that the existing Flood Hazard Prevention Ordinance be repealed and a new ordinance be adopted and become effectively immediately; and WHEREAS, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas: SECTION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS. A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in Vernon's Annotated Civil Statutes delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Plainview, Texas, does ordain as follows: 1 of 14 B. FINDINGS OF FACT (1) The flood hazard areas of the City of Plainview 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 and increase in flood heights and velocities, and by the. occupancy of flood hazards areas by uses vulnerable to flO~d 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 this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to floo~ conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize control projects; expenditure of public money for costly flood (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) Insure that potential buyers are notified that property is in a flood area. D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish following methods: its purposes, this ordinance uses the (1) Restrict or prohibit uses that are dangerous to safety or property in times of flood, or cause excessive in flood heights or velocities; health, increases 2 of 14 (2) Require that uses vulnerable to floods, including facilities which serve such u~es, be protected against flood damage at the time of initial consf~r,~ction; · (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, degrading and other development which may increase flood damage; (5) Prevent or regulate which will unnaturally divert flood hazards to other lands. the construction of flood flood water or which may barriers increase SECTION 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL - means a request for review of the FloodPlain Administrator's interpretation of any provision of this ordinance or a request for a variance. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent 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 FIR~, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, VI-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. CRITICAL FEATURE - means and integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - -'means any man-made change.in improved and real estate, including but not limited to buildings structures, mining, dredging, filling, grading, paving, or drilling operations. unimproved or other excavation ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in Zones Al-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 Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers),i or shear walls parallel to the floor of the water and (ii) adequately 3 of 14 anchored so as not to impa£r the ~structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A~ A99~, AO, AH, B, C, X, ~D, "elevated building" also include~ a building elevated by means of fill or solid foundation~perimeter walls with openings sufficient to facilitate the unimpeded movement of flood water. In the case Zones Vl-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 Section 60.3~e) (5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means 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 OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dryland 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 HAZARD BOUNDARY MAP (FMBM) - means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the flood, mudslide (i.e.~ mudflow) related erosion areas having special hazards have been designated a~. Zone A, M, and/or E. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means 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, damns, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or diver the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a ftood 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. 4 of 14 LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistnat enclosure, useable soley for parkin~jor vehicles, building access or storage in an area other than a ba~ment 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 Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means 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 similiar 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 - means, 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 - means, for structures for which the '~start after the effective date of a adopted by a community. floodplain management purposes, of construction" commenced on or floodplain management regulation 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 - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 5 of 14 SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the strUcture ~either, (1) before the improvement or repair is started, or (2) ~f th~'structure has been damaged and is being'~restored, .before the damage occured. For the purpose of this definition "substantial improvement" is considered to occur when the first alternation 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 (1) any projelct for improvement of a structure to comply with existing state or local health, sanitary, or ~safet which are sOlely necessary to assure safe , or (2) any alteration of a structure listed on Register of Historic PlaCes or a State Inventory of Historic Places. VARIANCE - is a grant of relief to aperson from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development .in a manner otherwise prohibited by this ordinance. (For full requirement see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means 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 Section 603. (b)(5), (c) (4), (c) (10), (d) (3) , (e) (2), (e) (4), or (e) (53 is presumed to be in violation until such time as that documentation is provided~ WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Bertical Datum CNGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. SECTION 3. GENERAL PROVISIONS A. LANDS TO WHICH THIS ORDINANCE,APPLIES This ordinance shall apply to all areas of special flood hazard with the jurisdiction of the City of Plainview. B. BASIS FOR ESTABLISHING THE AREASOF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Hazard Boundary Map (FHBM), Community No. 48275A, dated 2-15-74; revised 11-19-76, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. 6 of 14 C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required the provisions of Rs ordinance. D. COMPLIANCE H to ensure conformance with No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. E. ABROGATION AND GREATER RESTRICTIONS This ordinance is non intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. INTERPRETATION In the interpretation and application of this ordinance, 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 DISCLAIME, R OR LIABII,/TY The degree of flood protection required by this ord3.nance 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 permited 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 adminstrative decision lawfully made thereunder. SECTION 4. ADMINISTRATION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Director of Municipal Services is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate section of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limted to the following: 7 of 14 (1) Maintain and hold open for Public inspection all pertaining to the provisions of this Ordinance. records (2) Review permit application to determine whether proposed building site will reasonable from flooding. ~ (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for porposed 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 interpreation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Flood Management Unit of the Texas Water Commission 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 3B, 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 Article 5. C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Floodplain Adminstrator 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, 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 seal level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level nonresidential structure shall be floodproofed; to which any 8 of 14 c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 5 B(2); d. Description of 'the extent natural drainage will be altered proposed development. to which any watercourse or or relocated as a result of e. Maintain with Section 4B(1). record of all such information in accordance (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: damage; The danger to life and property due to flooding or erosion b. The susceptibility contents to~ flood damage and individual owner; of the proposed facility and its the effect of such damage on the 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 flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the where applicable; facility of a waterfront location, i. The availability of alternative locations, not subject flooding or erosion damage, for the proposed use; to j. The relationship of the proposed use to the comprehensive plan for that area. D. VARIANCE PROCEDURES (1) The Appeal Board as established by the community shall hear and render judgement on request for variances from the requirements of this ordinance. 9 of 14 (2) The Appeal Board shall hear and render judgement 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 ordinance. (3) Any persons or person aggrieved Board may appeal such decision jurisdiction. by the decision of the Appeal in the courts of competent (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances 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 ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half 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) of this Section have been fully considered. As the lot size increases beyond one-half acre, the technical justification prerequired for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such condJ, tions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section lC). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determnation that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimiization of the public, or conflict with existing local laws or ordinances. 1.0 of 14 c. Any application to wh~a variance is granted shall be given written notice that the structure will be permitted to be built with the lowes~ floor elevation below the base flood elevation, and that the cos~ of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances 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 (i) the criteria outlined in Section 4 D(1)-(9) 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. Section 5. PROVISION 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) Ail new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collaspe or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new constru~ction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) Ail new-construction or substantial improvements shall be constructed with material resistant to flood damage; (4) Ail new construction or substantial improvements shall be constructed with electrical, heating, ventialation, 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. (5) Ail new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood wa~er into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters 'in to the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment.to them or contamination from them during flooding. 11 of 14 B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood 'elevation data has been provided as set fOrth (i) Section 3B (ii) Section 4 B(8) or (iii) Section-5 C(~4), 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 base flood 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 C(1)a., is satisfied. (2) Nonresidentail Construction - new construciton and substantial improvements of any commerical, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood leVel or, together with attendent utility and sanitary facilities, be designed so that ~elow the base flood 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 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 bemaintained by the Floodplain Administrator. (3) Manufactured Homes a. Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collaspe, or lateral movement. Methods of anchoring may include,.but are not limited to, use of the 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. Ail manufactured homes Section 5 B(1). shall be in compliance with C. STANDARDS FOR SUBDIVISION PROPOSALS (1) Ail subdivision proposals including manufactured home parks and subdivision shall be consistent with Section 1, B, C, and D of this ordinance. 12 of 14 (2) Ail proposals for the development of subdivisions including, manufactured home parks and subdivision~ shall meet Developm~e~t Permit requirements of Section 3 C Section 4 C; and the provisi~n~ of Section 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 3 B or Section 4 B (8) of this ordinance. (4) Ail subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) Ail subdivision proposals including 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. Section 6. REPEALING SECTION: Ordinance No. 78-2198 and all other ordinances and parts of ordinances inconsistent or in conflict with this oridnance are hereby repealed. Section 7. PENALTY Any person, firm, or corporation violating any provisions of this ordinance shall be guility of a misdemeanor, and upon conviction, shall be fined a sum of not less than One ($1.00) nor more than One Thousand Dollars ~($1,000.000) for each violation. Each and every day's violation shall constitute a separate and distinct offense. In case the owner or occupant of any lot, lots or premises under the provisions of this ordinance shall be a corporation, and shall violate any provisions of this ordinance, the President, Vice-President, Secretary, or Treasurer of such corporation or any manager'i agent or employee of such Corporation shall be also severally liable for the penalties herein provided. Section 8. SEVERABILILTY CLAUSE If any part of this ordinance is, or should be, held invalid, for any reason, then that fact shall not invalidate the entire ordinance, but the balance thereof shall remain in full force and effect. The necessity to comply with minimum standards of the Nation Flood Insurance Program and to establish flood hazard prevention regulations creates an emergency and it is an imperative public necessity that more than one reading thereof be, and the same is hereby suspended; this ordinance shall be passed and take effect as an emergency measure and shall be in full force and effect from and after passage as provided by, and it is so ordained. 13 of 14 PASSED AND APPROVED, 1987 · ATTEST: on first reading this 10th day of February, E.V. RIDLEHUBER, Mayor SHERYL OWEN, City Clerk APPROVED AS TO CONTENT: c MIKE McDONOUGH, Director ofJMunicipal Services APPROVED AS TO FORM: DAVID BLACKBURN, Assistant City Attorney 14 of 14 Federal Emergency Management Agency Region VI, Federal Center, 800 North Loop 288 Denton, Texas 76201-3698 January 20, 1987 Gentlemen: You have recently received a copy of the notification of final rule changes tb the National Flood Insurance Program (NFIP). These changes became effective on October l, 1986. Because of these changes, your floodplain management ordinance must be amended. All ordinances must reflect the new definitions and some of the required regulation changes. We have enclosed a new sample ordinance which incorporates these rule changes to meet the minimum requirements of the NFIP. This ordinance may be passed in its entirety or your present ordinance may be amended to include the new'requirements. Please note that some of the changes to the minimum criteria may be less stringent than your present ordinance such as the first time allowance of manufactured housing in V Zones or in Floodways. We urge you to consider the impact of these changes on the overall implementation of your floodplain management efforts. You may elect to retain any part of your present ordinance as long as it is more stringent than the new minimum criteria. Even though the new rules changes took effect on October l, your community must implement the regulations of the NFIP as called for in your present ordinance. The new rule changes will not become effective for your community until your floodplain management ordinance has been amended, adopted, and sent to FEMA for review and acceptance. Any lesser implementation of the NFIP regulations until that time would result in possible program violations. The deadline 'date for having an acceptable ordinance on file with FEMA is April l, 1987. In order to meet this deadline, the new or amended ordinance must be passed and two certified copies sent to this office no later than March l, 1987. Failure to make these ordinance changes by the deadline date will result in suspension from the NFIP. Even though you may contact this office at any time, we are requesting that if you have any questions or need any assistance in meeting these requirements, please make your initial contact with your State Floodplain Coordinator. You should contact Mr. Roy Sedwick with the Texas Water Commission at (512) 463-8014. Mr. Sedwick and his staff are prepared to assist you in meeting these NFIP changes. Enclosure (1) Sincerely, Natural and Technological Hazards Division