HomeMy WebLinkAbout88-2769SECTION 1
A
B
C
D
Ordinance No. 88-2769
FLOOD DAMAGE PREVENTION ORDINANCE
OUTLINE
Pg.
STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE AND METHODS ...... 1
Statutory Authorization ............. 1
Findings of Fact ..................... 2
Statement of Purpose ................. 2
Methods of Reducing Flood Losses ..... 2
SECTION 2 DEFINITIONS ............ 3
SECTION 3
A
B
C
D
E
F
G
SECTION 4
A
B
C
D
SECTION 5
B
1.
2.
3.
4.
C.
D.
SECTION 6
SECTION 7
GENERAL PROVISIONS ......... 7
Lands to Which this Ordinance Applies. 7
Basis for Establishing the Areas of
Hazard ......................... 7
Establi~t ~f Development Permit.. 7
Compliance ........................... 7
Abrogation and Greater Restrictions.. 7
Interpretation ....................... 7
Warning and Disclaimer of Liability.. 7
ADMINISTRATION ..........
8
Designation of the Floodplain
Administrator ........................ 8
Duties and Responsibilities of the
Floodplain Administrator ............. 8
Permit Procedures .................... 9
Variance Procedures .................. 10
PROVISIONS FOR FLOOD HAZARD REDUCTION. 11
General Standards ..................... 11
Specific Standards .................... 12
Residential Construction .............. 12
Nonresidential Construction ........... 12
Enclosures ............................ 12
Manufactured Homes .................... 13
Standards for Subdivision Proposals... 13
Standards for Areas of Shallow Flooding
(AO/AH Zones) 13
Floodways 14
REPEALING SECTION ........... 14
PENALTY ................ 15
499
Cross Ref.
NFIP
Regulations
59.1
60.(d)(1)
60.3(d)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.6(a)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1)
60.3(d)(1-3)
SECTION 8 S~FERABILITY CLAUSE ......... 15
P ION ORDISANCE 500
ORDINANCE NO. 88-2769
AN ORDINANCE REPEALING ORDINANCE NO. 87-2687
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 PERMITS; 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 City 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
effective 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 16
B. FINDINGS OF FACT
501
(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 an increase in flood heights
and velocities, and by the occupancy of flood hazards areas by uses
vulnerable to flood and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from
flood damage.
C. STATEMRNTOF PUliPOSE
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 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) Insure that potential buyers are notified that property is
in a flood area.
D. METHODS OF REDUCING FLOOD LOSSR~
In order to accomplish its purposes, this ordinance uses the
following methods:
(1) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive increases
in flood heights or velocities;
(2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
2 of 16.
(3) Control the alteration of natural floodplains, stream~0~
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 the construction of flood barriers
which will unnaturally divert flood water or which may increase
flood hazards to other lands.
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 SHALLOW FLOODING - means a designated AO, AH, or VO zone on
a community's Flood Insurance Rate Map (FIRM) with a one percent
chance or greater annual chance of flooding to an average depth of
one to three 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.
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 FIRM, 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 an integral and readily identifiable part
of a flood protection system, without which the flood protection
provided by the entire system would be compromised.
DEVELOP~RNT - means any man-made change in improved and unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
ELEVATED BUILDING - means a nonbasement building (i) built, in the
case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and
D, to have the top of the elevated floor, or in the case of a
building in 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), or
shear walls parallel to the floor of the water and (ii) adequately
3 of 16
5O3
anchored so as not to impair the structural integrity of the
building'during a flood of up to the magnitude of the base flood.
In the case of Zones Al-30, AE, A, A99~ AO, AH, B, C, X, D,
"elevated building" also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood water. In the case Zones
V1-30, YE, 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 INSURANCE RATE MAP (FIRM) - means an official map of a
community on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, water surface elevation of the base flood, as well as the
Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of
flooding).
FLOOD PRO~ECTION 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, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with
sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or
other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDEN~ USE - means a use which cannot perform its
intended purpose unless it is located or carried out in close
4 of 16
504
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing
facilities.
~ABITABLE FLOOR - means- any floor useable for the following
purposes; which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. A flood used for storage
purposes only is not a "habitable floor."
~IGREST ADJACENT GRADE - means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
LEVEE - means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water so as to
provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and
drainage devices, which are constructed and operated in accordance
with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
useable soley for parking or vehicles, building access or storage in
an area other than a basement area is not considered a building's
lowest floor provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirement of 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 ~ertical 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 floodplain management purposes,
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation
adopted by a community.
START OF CONSTRUCTION - (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
5 of 16
5O5
(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.
SUBSTANTIAL IMPROVEM~.NT - 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) if the 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 alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The
term does not, however, include either (1) any project for
improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or (2) any alteration of
a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
VARIANCE - is a grant of relief to a person 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)(5) 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 Vertical Datum (NGVD) of 1929 (or other datum,
where specified), of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
6 of 16
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 AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled, "The Flood Insurance Study for the City of Plainview,
Texas," dated March 16, 1989, with accompanying Flood Insurance Rate
Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be
a part of this ordinance.
C. ESTABLIS~/TT OF DEVELOPM~qT PERMIT
A Development Permit shall be required to ensure conformance with
the provisions of this ordinance.
D. COMPLIANCE
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 not 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 DISCLAIMER OR 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 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 administrative decision
lawfully made thereunder.
7 of 16
SECTION 4. ADMINISTRATION
5O7
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 T~R FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall
include, but not be limted to the following:
(1) Maintain and hold open for public inspection all records
pertaining to the provisions of this ordinance.
(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 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 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 Section 5.
(9) When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill)
shall be permitted within Zones A1-30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the
8 of 16
5O8
proposed development, when combined with all other existing and
anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within
the community.
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, 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 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 5 B(2);
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 Section 4B(1).
(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 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;
9 of 16
DO9
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 facility of a waterfront location,
where applicable;
i.. The availability of alternative locations, not subject to
flooding, or erosion damage, for the proposed use;
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.
(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 person or persons aggrieved by the decision of the Appeal
Board 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 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 conditions 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.
10 of 16
(9) Prerequisites for granting variances:
510
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 determination 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 victimization of the public, or conflict with existing local
laws or ordinances.
c. Any application to whom a variance 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. .~
(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,
collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2) Ail new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with material resistant to flood damage;
(4) 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 and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood water into
the system;
11 of 16
511
(6) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into
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.
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) Nonresidential Construction - new construction 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 below 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 be maintained by the Floodplain
Administrator.
(3) Enclosures - new construction and substantial
improvements, with fully enclosed areas below the lowest floor that
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 must
either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a. A mimimum 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 shall be provided.
b. The bottom of all openings shall be no higher than one
foot above grade.
c. Openings may be equipped with screens, louvers, values,
or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
12 of 16
(4) 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, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of the over-the-~op 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 shall be in compliance with
Section 5 B(1).
c. Require that all manufactured homes to be placed or
substantially improved wthin Zones A1-30, AH and AE on the
community's FIRM be elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or above the base flood
elevation; and be securely anchored to an adequately anchored
foundation system in accordance with the provision of Section B(4)
of this Section.
C. STANDARDS FOR SUBDIVISION PROPOSAL-q
(1) Ail subdivision proposals including manufactured home
parks and subdivision shall be consistent with Section 1 B, C and
D of this ordinance. ' '
(2) Ail proposals, for the development of subdivisions
including manufactured home parks and subdivisions shall meet
Development Permit requirements of Section 3 C Section 4 C; and the
provisions 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 D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within areas of special flood hazard established in Section
3B, area are designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of 1 to 3
feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and where velocity flow my be
evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply;
13 of 16
(1) All new construction and substantial improvements of
residential structures have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least two
feet if no depth number is specified).
(2) Ail new construction and substantial
nonresidential structures;
improvements of
(i) have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified), or;
(ii) together with attendant utility and sanitary
facilities be designed so that below 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 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 Article 4C (1)a. are
satisified. '
(4) Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around and away
from proposed structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established
in Section 3B, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
water 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 unless
certification by a professional registered engineer or architect is
provided by demonstrating that encroachments shall not result in any
increase in flood levels within the community during the occurrence
of' the base flood discharge.
(2) If Section 5E (1) above is satisfied, all new consuruction
and substantial improvement shall comply with all applicable flood
hazard reduction provisions of Section 5.
Section 6. REPEALING SECTION
Ordinance No. 87-2687 and all other ordinances and parts of
ordinances inconsistent or in conflict with this ordinance are
hereby repealed.
613
14 of 16
Section 7.
Any person, firm, or corporation violating any provisions of this
ordinance shall be guilty of a misdemeanor, and upon conviction,
shall be fined a sum of not less than One ($1.00) nor more than One
Thousand Dollars ($1,000.00) for each violation. Each and every
days' 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, agent or employee of such corporation shall be also
severely 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
National 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.
PASSED AND APPROVED, on firs~ reading this
1988.
22nd day of November,
E.V. RIDLEHUBER, Mayor
ATTEST:
CARLA REESE, City Secretary
APPROVED AS TO CONTENT:
MIKE McDONOUGH, Director of ~unicipal Services
APPROVED AS TO FORM:
DAVID BLACKBURN, City Attorney
15 of 16
Federal Emergency Management Agency
Region VI, Federal Center, 800 North Loop 288
Denton, Texas 76201-3698
OcLober 11,
1988
The Honorable E. V. Ridlehuber
Mayor - City of Plainview
901Broadway
PlairBriew, TX 79073
Dear Mayor Ridlehuber:
You have recently received a letter frc~ the Federal Insurance
Administration Offi.c? located in Washington, D.C., notifying you of
the final determination of base flood elevations for your co~i-taonity.
As stated in the letter, these elevations will be published in the
Federal Register as soon as possible.
As a condition for your CommmTity,s continued eligibility in the
National Flood Insurance Program (NFIP), your local floodplain
management regulations must equal or exceed the minimum criteria
stated in 44 CFR, fl~apter I, Part 60.3(d) of the NFIP regulations.
For the development of these regulations, please reference Flood
Damage Prevention Ordinance, which is enclosed. The enclosed material
can be adopted verbatim or used as a guide to develop an acceptable
ordinance that meetS your Conmmnity's p~ and the minimum standards
of the NFIP regulations. An acceptable ordinance must be adopted prior
to the date of the Flood Insurance Rate Map (FIRM), which is March 16,
1989. If you wish us to comment prior to adoption of the ordinance, we
will be glad to re-view a draft copy to ensure that all ~ require-
ments have been included. Upon adoption of the ordinance, please
submit one certified copy of the approved ordinance to our office 4
weeks prior to the effective date of the FI5~. This will allow
sufficient time for final review and notification to the Wa~q_hington
Office.
For your convenience, we have enclosed a copy of the NFIP regulations
and other informative publications. We will be in contact with you
each month prior to the effective date of the FIRM to offer assist-
ance in the development of the ordinance. If you have any ques-
tions, please contact'Diane Pippin at (817) 898-9136.
._Al.ton _S. Ray, P.E~_~lief
Natural & Technological
Hazards Division
Enclosures