HomeMy WebLinkAboutOrdinance No. 474 CITY OF THE COLONY, TEXAS
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING ORDINANCE NO, 445 BY ADOPTING
. . REGULATIONS DESIGNED TO MINIMIZE FLOOD LOSSES;
ESTABLISHING PROVISIONS FOR FLOOD HAZARD
REDUCTION; PROVIDING FOR THE REMOVAL OF LANDS
FROM AREAS OF SPECIAL FLOOD HAZARD; PROVIDING
FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on September 15, 1986, the City Council of the City of The
Colony, Texas passed and approved Ordinance No. 445 which contained material
adopted f~om the flood damage prevention ordinance promulgated by the Federal
Emergency Management Agency (F.E.M.A.) in January 1986; and
WHEREAS, on October 1, 1986, F.E.M.A. revised and updated their flood
damage prevention ordinance; and
WHEREAS, the City Council desires that Ordinance No. 445 contain the most
recent and updated material from F.E.M.A.'s flood damage prevention ordinance,
revised and updated as of October 1, 1986; and
WHEREAS, the City Council finds that the amendments and changes herein
stated are in the best interests and welfare of the City; and
WHEREAS, the City Council desires that the amendments and changes herein
stated become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That each and every one of the recitals, findings and
determinations contained in the preamble of this Ordinance are hereby repeated and
incorporated herein as due, proper and formal findings and determinations of the
City Council.
Section 2. That Ordinance No. 445 of the City of The Colony, Texas
shall be amended to read as follows:
ARTlCLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
SECTION A. Statntory Authorization.
Tile Legislature of the State of Texas delegated tbe responsibility to local
governmental units to adopt, regulations desi§~ed to ,ninimize flood losses.
Therefore, the City Council of tile City of The Colony, Texas, does ordain as follows:
SECTION B. Findings of Fact.
(1) The flood hazard areas of the City of The Colony, Texas are subject
to periodic immdation which results in loss of life and property, health and safely
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 geueral welfare.
(2) These flood losses are created by the cumulative effect of
ob~truetions in floodplains which cause an increase in flood heights and velocities,
and by the eceupaney of flood hazard areas by uses vulnerable to flood and
hazardous to other lands because they are inadequately elevated, floodproofed or
otherwise preteeted from flood damage.
SECTION 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 flood conditions in
specific areas by previsions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood ecntrol
projects;
(3) Minimize the need for rescue and relief efforts associated with
flooding and generally m~dertaken at the expense of the general publie;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such us 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 sotmd use and
development of flood-prone areas in such a manner as to minimize future flood
blight areas; and
(7) Insure that potential bayers are notified that property is in a flood
SECTION D. Methods of Reducing Flood Losses.
Iii order to aeeomplish its purposes, this ordinanee uses the following methods:
(1) Restrict or prohibit ases that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood heights ur 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 eh~nmels, mid
natural protective barriers, which ~ involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging mid other development which may
increase flood damage;
(5) P~vent or reg~flale the eonslrnt.lion of flood barriers whi('h will
mmatarally divert flood waters or whi(~h may ineT'ease flood haz~trds to other la~ds.
ARTICLE 2
DEFINITIONS
Unless spe('fifieally defined .~.low, wo?ds or phras~s used in this ordinance
shall be interpreted to give them the meaning they have in common usage and to
give this ordinance its most ~onahle application.
"Apical" - me~ns a ~quest for a ~view or' Ihe I,'h)od Plain Adlninislr~llo~"s
interpolation of any pvovision of this ordinance oea vequest fop a v~ianee.
"Area of Controlled Flood Protection" - means the land which because of
flood hazard alleviation measures requiring continuous maintenance and/or
operating pr~lures is determined to not be subject to flooding by the occurrence
of a base flood provided such flood hazard alleviation measures are perpetually
maintained and/or operated in accordance with standards established by the City
Council.
"Area of Improbable Flooding" - means the land which, beeaase of topography
or permanent flood hazards alleviation measures, not requiring maintenance and/or
operation procedures, is determined to not be subject to flooding by the occurrence
of a base flood.
"Area of Shallow Flooding" - means a designated AC, AH, or VO zone on a
eommanity's Fieod Insurance Rate Map (FIRM) with a one percent change 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 pending 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 peblicatioe of the
FIRM, Zone A usually is refined into Zones A, AE, AH, AC, AI-99, VO VI-30, VE or
V.
"Base Flood" - means the flood having a one percent chance of being equaled
ur exceeded in any given year.
"Development" means any man-made chmtge in improved 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 ease of a
building in Zones Al-30, AE, A, A99, AC, AH, B, C, X, and D, to have the top of the
elevated floor, or in the ease of a building in Zone 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, eolumns (posts and piers), ur shear walls
parallel to the floor of the water and (ii) adequately anchored so as not to impair the
struetaral 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, AC, AH, B, C, ×, D, "elevated
building" also includes a building elevated by memm of fill or solid fmmdation
perimeter walls with openings snffieient to facilitate the unimpeded movement of
flood waters. In the ease of Zones V1-30, VI, 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 brcakawa¥ walls meet the
standards of Section 60.3(e)(5) of the National Flood lnstwance Program rcg~flations.
"Existing Construction" - means for the purposes of determining rates,
struetures for whieh the "start of eonstrnetion" 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 strnetnres."
"Flood or Flooding" - memos a general and temporary eonditiun of p;wtial or
complete inundation of normally dry lm~d areas from:
(1) the overflow of inland or tidal waters;
(2) the ~masual and rapid accumulation or rmloff of s~wfaee waters from
any source.
"Flood Insurance Rate Map (FIRM)" - means an official map of a enmmmfity,
on which the Federal Emergency Management Agency has delineated bolh the areas
of special flood hazards and thc risk premimn zones applicable Io tile communily.
"Flood Insurance Study" - is the official report provided by tile Federal
Emergency Management Agency. The report contains flood profiles, water surface
elevation of the base flood, as well as the Flood Bomutary-Floodway Map.
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"Floodplain or Flood-Prune Area" - means uny land area susceptible to being
inundated by water from uny source (see definition of flooding).
"Flood Protection System" - means those physieai structural works for which
funds have been authorized, apprupriated, und expended und 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" und the extent of the
depths of assoeinted flooding. Such a system typically includes hurrieune tidal
barriers, dams, reservoirs, levees or dikes. These speeiaiized 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 surfane elevation more
thun a designated height.
"Functionally Dependent Use" - means a use which emmot perform its
intended purpose unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port fanilities that are necessary for the
loading and unloading of cargo or paSSengers, and ship building and ship rcpair
fanilities, but does not include long-term storage or related manufanturing facilities.
"Highest Adjacent Grade" - means the highest natural elevation of the ground
surfane prior to construction next to the proposed walls of a structure.
"Levee" - means a man-made streetare, usually an earthen embankment,
designed and constructed in accordanee with sound engineering practices to contain,
control, or divert the flow of water so as to provide pruteetion frum tempo~ry
flooding.
"Levee System" - means a flood protection system which consists of a levee,
or levees, and associated straetures, such as elos~we and drainage devices, which are
constructed and operated in accordance with s0and engineering pcaetiees.
"Lowest Floor" - means the lowest floor of the lowest enelosed area
(including basement). An anfinished or flood resistant enclosure, usable solely for
parking or vehicles, building access or storage in an area other than a basement area
is not eonsidercd a building's lowest floor; provided that sueh enelosare is not built
so us to render the strueture in violation of the applicable non-elevation design
requiremeut of Section 60.3 of the National Flood Insaranee Program regnlatious.
"Manufaetared Home" - means a structure transportable in one or more
see!ions, whieh is bail! on a permanent ehassis and is designed for nse with or
without a permanent fom~dation when eoaneeted to the required utilities. For flood
plain management purposes the term "manufaeture home" also includes park
trailers, travel trailers, and other similar vehieles placed on a site for greater than
180 consecutive days. For insurance purposes the term "manufacture home" does
not include park trailers, travel trailers, mid other similar vehieles.
"Mean Sea Level" - means, for purposes of the National Flood Insurance
Program, the National Geodetie Vertical Da!am (NGVD) of 1929 or other datmn, to
which ba~se flood elevations sho~n~ on a eommanity's Flood Insurance Rale Map are
referenced.
"New Construction" - means, for flood plain management, structures for
which the "start of construe!ion" commenced on or after the effective date of a
flood plain management regalia!ion adopted by a community.
"Start of Constraetion" - (for other than new eonstraction or sabstantial
improvements under the Coastal Barrier Resoarees Act (Pub. L. 97-348)), includes
substantial improvement and memos the date the hnilding permit was issued,
provided the aetual start of eons!ruction, repair, reconstruction, placement, or
other improvement was witlfin 180 days of the permit date. The aetoal start means
either the first placement of permanent eonstraetion of a structure on a site, such
as the pouring of slab or foolings, the installation of piles, tl~e eonstraetion of
eolamns, or any work beyond the stage of exeavatian; or the placement of a
manufaetured home on a foandation. Permanent eons!rue!ion does not include land
preparation, sueh as elearing, grading and filling; nor does it include the installation
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of streets and/or walk-ways; nor does it include excavation for basement, foot/ngs,
piers or foundations; or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such ns garages or sheds not
occupied ss dwelling units ur not purt of the main structure.
"Stroeture' - means a walled or roofed building, including a gas or liquid
storage tank, that is principally above ground, as well ss a manufactured home.
"Substantial Improvement" - means any repa'w, 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 ur repair is started, ur (2)
if the structure has been damaged and is being restored, before the damage
occurred. 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) uny
proieet for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely neeessury to assure safe
living conditions, or (2) uny alteration of a structure listed on the National Register
of Hlstarie Places or a State Inventory of Histurie Places.
"Variance" - is a grant of relief to a person from the requirements of this
ordinuncc when specific enforcement would result in unneccssary hardship. A
variuncc, therefore, permits ccnstruetion or development in a maturer otherwise
prohibited by this ordinunee. (For full requirements see Section 60.6 of the National
Flood insurance Program regulations.)
"Violation" - means the failure of a strnetare or other development to be
fully eompliunt with the community's flood plain management regulations. A
structure or other development without the elevation certificate, other
rectifications, or other evidence of eompliancc required in Section 60.3(b)(5), (e)(4),
(e)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time ss
that documentation is provided.
"Water Sarfaee Elevation" - means the height, in relation to the National
Geodetic Vevtieai Datum (NGVD) of 1929 (or other datum, where specified), of
floods of various magnitudes and frequencies in tile flood plains of coastal or
riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. Lands to which this Ordinance Applies.
The ordinmlee shall apply to all areas of special flood hazard within the
jarisdietion of the City of The Colony, Texas.
SECTION B. Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified hy the Federal Emergency
Managnment Agency in a scientific and engioeeving report entitled, "Tile Flood
insaranee Stady for the City of The Colony, Texas," with accomp~mying Flood
Insurance Rate Maps and Flood Botmdary-Floodway Maps (FIRM :md FBFM) and
revisions thereto are herehy adopted by reference mid declared to be part of this
ordinance.
SECTION C. Establishment of I)evelopment Permit.
A Development Permit shall be required to ensare eonforma~ee with tile
provisions of this ordinaJ~ee.
SECTION D. Compliance.
No structure or land shall hereafter be located, altered, or have its use
changed without full compliance with the ter~ns of this ordinm~ee applieahle
regulations.
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SECTION E. Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impal~ any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another conflict or overlap, whiohever imposes the more stringent restrictions shall
prevail.
SECTION F. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be;
(1) eonsidered ns minimum requirements; (2) liberally constroed in favor of the
governing body; mid (3) deemed neither to limit nor repeal any other powers granted
under State statutes.
SECTION 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 ~nd engineering
considerations. On rare occasions g~eater 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 permitted within
such areas will be free from flooding or flood damages. This ordinance shall not
create liability on the part of the eommanity or any official or employee thereof for
any flood damages tbat resnlt from reliance on this ordinance or any administrative
decision lawfully made therem~der.
ARTICLE 4
ADMINISTRATION
DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
SECTION A. Designation of the Floodplain Administrator.
The City Manager is hereby appointed the Floodplain Administrator to
administer mid implement tbe provisions of tbis ordinance and otber appropriate
sections of 44 CFR (National Flood Insaranee Program Regulations) pertaiuing to
flood plain management.
SECTION B. Duties and Responsibilities of the Floodplain Administrator.
Duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, tbe following:
(1) Maintain mid hold opel] for publie inspeetiou all records pertaining to
the provisions of this ordinanee.
(2) Review permit applications to determine wbetber proposed buildiug
sites will be reasonably safe 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 asstwe tbat all
necessary permits bare been obtained from those Fede[.al, State or local
guverno~ental agencies (including Section 404 of tile Federal Water Pollution Control
Art Amendments of 1972, 33 U.S.C. 1344) from which prior approval is ]~equired.
(5) Wbere interpretation is needed a~ lu tbe exact locution of tile
boundaries of the areas of special flood hazards (for example, wbere tbe~ appears
to be a conflict between a mapped boandary ~md actual field conditions) the
Floodplain Administrator shall make tbe necessary i,~terpretation.
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(6) Notify, in riverine situations, adjacent eommanities and the State
Coordina~ing Agency prior to any alteration or relocation of a watercourse, and
submit evidence to such notifieation to the Federal Emergeney 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 Article 3, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data available from Federal, State or
other source, in order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, sebstantial improvements, or
other development (including fill) shall be permitted within Zones Al-30 and AE on
the community's FIRM, unless it is demonstrated that the cumulative effect of the
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.
SECTION C. Permit Proeedures.
(1) Application for a Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may inelude, but not be
limited to, plans in duplicate drawn to seale showing the loeation, dimensions, and
elevation of proposed landseape 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 sea level) of the lowest floor
(including basement) of all new and substantially improved struetures;
b. Elevation in relation to mean sea level to whieh any
nonresidential struetare shall be floodproofed;
c. A eertifieate from a registered professional engineer or
arehiteet that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Article 5, Section 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
Article 4, Section (B)(1).
(2) Approval or denial of a Development Permit by tile Floodplain
Administrator shall he based on all of the provisions of this ordinance and the
following relevant factors:
a. Tile danger to life ~md property due to flooding or erosion
damage;
b. 1'he saseeptibility of the proposed facility and its eontents to
flood damage a~ld the effect of such damage on the individual owner;
e. The damager lhat materials may be swep! onto other la~ds to
the injury of others;
d. The compatibility of the proposed use with existing and
mltieipated 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 daring m~d after
flood conditions ineloding maintenance and repair of streets m~d bridges, and
public utilities mid facilities sneh as sewer, gms, electrical mid water systems;
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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;
{. The relationship of the proposed use to the comprehensive
plan for that area.
SECTION D. Variance Procedures.
(1) The City Council shall hear and render judgment on requests for
variances from the requirements of this ordinunee.
(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
ordinance.
(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 a~l appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for tile reconstruction, rehabilitation or
restoration of struetures 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) Generally, variances ,nay be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or less in size
euntig~ous to and surrounded by lots with existing structures constructed below the
base flood level, providing the relevant factors in Section C(2) of this Article have
heen fully considered. As the lot size increases beyond the une-half acre, tile
teelmieal justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the City Coaneil may attach such conditions to the granting of vurianees
as it deems necessary to further the purpose and objectives of this ordinm,ce
(Article 1, Section C).
(8) Variances shall not be issued within any desig~lated floodway if any
increase in flood levels during the base flood discharge would result.
(9) Prerequisites for grantiag variances:
a. Varitmces shall only be issned upon a determimltion that the
variance is the mini,num necessary, considering the flood hazurd, to afford
relief.
b. Varimlees shall only he issued upon, (i) showing a good and
suffieient cause; (ii) a determination that failure to grm:t the varianee would
result in exceptional hardship to the appliemlt, ,'md (iii) a determinatioa that
the granting of a varianee will not result iu inereased flood heights,
additional threats to publie safety, extraordinary publie expense, create
nuisanees, eause fraud on or vietimization of tile public, or eonfliet with
existing loeal laws or ordinanees.
e. Any applieation to whom a varianee is gem,ted shall be given
written notiee that the strueture will be permitted to be btfilt with the lowest
floor elevation below the base flood elevation, and that the cost of flood
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insurance will be commensurate with the inero~sed risk resulting from the
reduced lowest floor elevatiom
(10) Variances may be issued by the City Council 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 Article 4,
Section 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.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. General Standards.
In all areas of special flood hazards the following provisions are required for
all new construction and substantial improvements:
(1) 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;
(2) All new construction or substantial improvements shall be
constructed by methods and pruetiees that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with materials and utility equipment 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 waters into the system;
(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.
SECTION B. Specific Standards.
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii)
Article 5, Section C(4), the following provisions are required:
(1) Residential Construction - new construction and snbstantial
improvement of any residential struetare shall have the lowest floor (inehnling
basement) elevated to or above the base flood elevation. A registered professioual
engineer, architect, or land surveyor shall submit a certification to the Floodplain
^dministrator that the standard of this subsection as proposed in ^rtiele 4, Seetinn
C(1)a, is satisfied.
(2) Nonresidential Construction new constrnetiou and substantial
improvements of any commercial, iudustrial or other nom~sidential straeturc shall
either have the lowest floor (ineludiag basemenl) elcwlted to or above thc base flood
level or, together with attendeut 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 strocttwal components having the
capability of resisting hydrostatic and hydrod~nmmic loads ~md effects of buoyancy.
A registered professional engineer or architect shall develop and/or review
structural design, specifications, m.t plans for the eonstrnction, and shall eertify
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that the design and methods of construction are in accordance with accepted
standards of prantiee as outlined in this subsection. A record of such eertifination
which includes the speeifin elevation (in relation to mean sea leveD to which such
structures are floodpruofed shall be maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements, with
fully enelnsed 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 eriteria~'
a. A minimum of two openings having a total net area of not less than
one square inch for ever~ square foot of enclosed area subject to flooding shall be
provided.
b. The bottom of all openings shall be not higher than one foot above
grade.
e. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entr~ and exit of
floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within
Zone A, shall be installed using methods mid prantiees 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 aneharing may include, but ace not limited to, use of over-the-top or frame ties
to ground anehars. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
b. All manufantured homes shall be in compliance with Article
5, Section B(1).
c. Require that all manufactured homes to be placed or
substantially improved within Zones A1-30, AH and AE on the commanity'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 Article.
SECTION C. Standards for Subdivision Proposals
(1) All subdivision proposals including manufaettwed home parks and
subdivisions shall be consistent with A~tiele 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of snbdivisions including
manufactured home pax.ks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions of
Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for snbdivision proposals
and other proposed development including manufactured home parks and subdivsions
which is greater than 50 lots ur 5 acres, whichever is lesser, if not otherwise
provided pursuant to Article 3, Section B or Article 4, Section B(8) of this ordinance.
(4) All subdivision proposals inelnding manufactm~ed home parks and
subdivisions shall have adcqnate drainage provided to reduce exposare to flood
hazards.
(5) All subdivision proposals including mmmfactured home parks and
subdivisions shall have public utilities and facilities sneh as sewer, gas, electrical
and water systems located m~d eoastruetcd to minimize or eliminate flood damage.
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SECTION D. Standards for Areas of Shallow Flooding (AO/AH Zones).
Located within the areas of special flood hazard established in Artiele 3,
Section B, are a~eas designated as shallow flooding, These areas have special flood
hazards associated with base flood depths of 1 to 3 feet where a elea~ly defined
channel does not exist and 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 eonstroetion and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the highest
adjacent grade at least has high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number is specified).
(2) All new constrnction and substantial improvements of nonresidential
structures;
(i) have the lowest floor (ineluding 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 atteudant utility and sanitar~ facilities be
desigued 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 arehiteet shall submit a
certification to the Floodplain Administrator that the standards of this Section, as
proposed in Article 4, Section C (1)a, are satisfied.
(4) Require within Zones AN or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed
structures.
SECTION E. Floodways.
Floodways located withiu areas of special flood hazard established in Artiele
3, Section B, are areas desiguated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projeetiles and erosion potential, tile following provisions shall apply;
(1) Eneroaehments are prohibited, including fill, new eonstruetion,
substantial improvements and otber development unless eertifieation by a
professional registered engineer or architect is provided demonstrating that
encroachments shall not result in any increase in flood levels with the community
during tbe oeearrenee of the base flood diseharge.
(2) If Article 5, Section E (1) above is satisfied, all new eonstruetion and
substantial improvements shall eomply with all applicable flood hazard reduction
provisions of Artiele 5.
ARTICLE 6
REMOVAL OF LANDS FROM AREAS OF SPECIAL FLOOD HAZARD
Tile limits of ~m area of special flood hazard may be reduced if the potential
for flood damage is reduced to the extent required by tile City Coaneil and tile
Federal lusuranee Administration. A eh~mge in the limits will be possible when by
the provision of drainage works, ~rading, flood proteetion or speeifie drahmge study,
it is determined by the Local Administrator that Ibc flood hazard Ires been
alleviated. Such eh:rage in limits shall be accomplished by tile person desiring such
change furnishing to the Local Administrator adequate information and pimps for
submission by the City to the Federal Inslwanee Administration for their conearrent
approval of such change. The Local Administrator shall also submit sueh
information and plans to the City Couneil. If both tile Federal lusuranee
Administration and City Colmcil approve the information mid plmls furnished and
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the method of flood hazard alleviation, the limits of an area of special flood hazard
may be r~vised as justified. Such change in limits shall occur after any required
facilities have been provided in accordance with the approved plans.
Land removed from an area of special flood hazard designation may be placed
in an area of Improbable Flooding or an Area of Controlled Flood Protection.
(1) Area of Improbable Flooding. If the flood hazard alleviation
measures are permanent in nature and require no continuing maintenance and/or
operating procedures to assure that the occurrence of a Base Flood will not result in
flooding, the land removed from an area of special flood hazard shall be designated
as an Area of Improbable Flooding. Development of land so designated shall not
require a Development Permit. This waiver of the requirements for a Development
Permit shall not affect the requirement that other permits required by other
ordinances be obtained.
(2) Area of Controlled Flood Proteetion. If the flood hazard alleviation
measures are not permanent in natare or if continuing maintenance and/or operating
procedures are required to assure that the occurrence of a Base Flood will not result
in flooding, the land removed from an area of special flood hazard shall be
designated as an Area of Controlled Flood Protection. The continuation of this
designation shall be contingent npon the concurrence of the City Coaneil that the
flood hazard alleviation measures are maintained and/or operatiag procedures
continued in such a mamler that the occurrence or a Base Flood will not result in
flooding. Development Permits for land so designated shall be issued during such
time as flood hazard alleviation measures are determined by Local Administrator to
be adequate. Adequacy shall be determined by the capability of the Area of
Controlled Flood Proteetion being able to withstand tile occurrence of a Base Flood
without flooding occurring within the Area of Controlled Flood Protection. Streets
shall have an elevation as such that the elevation of the top of the curb shall not be
lower than the elevation of the base flood water service for a period of time
exceeding one hour in an area of controlled flood protection.
The degree of control with respect to flooding by the City Council within
such areas shall be commensurate with the probability of flooding oeeuring if such
maintenance and/or operating procedures are not continued. Binding contracts or
other enforceable assurances that the required flood hazard alleviation measures
will be contim, ously capable of providing protection from flooding in accordance
with standards acceptable to the City Council shall be required in such areas.
Failure to comply with such standards shall result in the Area of Controlled Flood
Protection being again designated as an area of special flood hazard.
Special flood hazard areas protected from inflowing flood waters by their
total or partial enclosure by levees, canals, ditches, conduits, or similar drainage
facilities shall remain as special flood hazard areas until facilities approved by the
City Council have been provided which will remove any flood waters which may
accumulate in such enclosed area. The facilities provided to remove internal
accumulations of flood water shall be adeqnate to protect all of such enclosed area
from flooding to the standards required by this ordinance. Lands within such
enclosed area necessary for canals, ditches, detention basins and similar open
drainage ways approved by tile City Council shall be designated as floodways. All
land within such enclosed areas otay be designated as an area of Controlled Flood
Protection, with the exception of that designated as a floodway, npon the
eompletiou of all facilities required fur the removal of internal aeeu,nulatious of
flood waters and the protection from inflowing flood waters in accordance with
plans approved by the City Council. Developmeut Permits shall not be issued for
any part of sneh enclosed areas m~til the ci~tire area so enclosed, with the exception
of that designated as a floodway, has bee,{ designated as an area of Controlled Flood
Protection. Excavations, filling and/ur §~-adit~g operations in prog~'ess upo,~ the
effective date of this ordinance may be continued without a Development Permit
unless the City Munager deter~nines that:
a. Snch work or bindi,~g contract for sueb work, was not
initiated prior to September 15, 1986;
b. St,eh work is not beneficial toward the development of the
land to its highest and best use; or
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Such work endangers land to flooding which was not
designated as a special flood hazard area on September 15, 1986.
).
It is the intent of this ordinance to provide for conditions which will permit
the development and use of land to eantinue without threat of interruption after a
special flood hazard area has been designated as an area of Controlled Flood
Protnctiun. Adequate provision of these conditions requires that faeilities for the
detention of peak flows and the removal of flood waters which may aeeumalate
within areas totally or partially enclosed, as described in the preceding paragraph,
sh~!! have adequate capacity to perform their required funetiun under adverse
conditions. The design capacity for such fanHities shall be based upon the projected
.development of the entire area contributing flood flows to the fanility under rainfall
conditions which can be anticipated upon the occurrence of a Base Flood. The
normal storage and/or discharge capacity of such facilities shall provide protection
to developed land and strootures and shall limit street inundation to the standards
established by this ordinance. In addition, the water surface elevation of the Base
Flood shall not exceed the lowest floor elevation of any strooturo within an enclosed
area, as previously deseribed, if pumps are required for the discharge of
anoumulated flood flows and the largest single pump provided for that area is
inoperative during the occurrence of the Base Flood.
Section 2. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstance, is held
invalid or m~ooustitutional by a Court of competent jurisdiction, such holdings shall
not affect the validity of the remaining portions of the ordinance, and the City
Council hereby declares it would have passed snch remaining per, ions of the
ordinance despite such invalidity, which remaining portions shall remain in full force
and effet.
Section 3. Any person violating any of the provisions of this ordinance shall
be deeemed guilty of a misdemeanor and upon conviction thereof shall be fined in a
sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 4. The fact that the present ordinances and regulatious of the City
of The Colony, Texas, are inadequate to properly safeguard tike health, safety,
morals, peace and general welfare of the inhabitants of the City of Ti~e Colony,
Texas, creates an emergency for the immediate preservation of the public business,
property, health, safety and general welfare of the public which requires that this
ordinance shall become effective from mKd after the date of its passage mKd it is
accordingly so ordained.
PASSEl) AND APPROVED on the/_~_-~day of ~-~_ ,1987.
Mayor,~c]ty of TIKe Colony
ATTEST:
City Secretary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas
OOZSe
CERTIFICATION
It is hereby found and declared by the City of The Colony, Texas that severe
flooding 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 lnsurunee
Program; and in order to effectively remedy the situation described herein, it is
necessar~ that this ordinance become effective immediately.
Therefore, 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 appreval.
APPROVED:
Mayor, City of Tlie Colony, Texas
PASSED:
CERTIFICATE
I, the tmdersigned,~77/ ~.fl~c/r_q,. do hereby certify that the above is a
true and correct copy of an ordinance duly adopted by the City Cmmeil of the City
of The Colony, Texas, at a regular meeting duly convened
on /4. /??
City Secretary, City of The Colony, Texas
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