HomeMy WebLinkAboutOrdinance No. 285 ORDINANCE NO.
CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER B OF THE CODE OF
ORDINANCES BY PROVIDING FOR THE ADDITION OF ARTICLE
5 - FLOOD HAZARD PREVENTION: PROVIDING FINDINGS OF
FACT; PRO\~DING FOR OBJECTIONS; PROVIDING DEFINITIONS:
PROVIDING GENERAL PROVISIONS; PROVIDING FOR ADMINI-
STRATION; PRO\~ID1NG STANDARDS FOR FLOOD HAZARD
REDUCTION; PROVIDING A PENALTY; PROVIDING A SEVER-
ABILITY CLAUSE; PROVIDING AN EFFECTWE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Chapter 6 of the Code of Ordinances is hereby amended
by providing Article 5 - Flood Hazard Prevention so that said Article shall
hereafter read as follows:
ARTICLE V
FLOOD HAZARD PREVENTION
Section 2. Findings of Fart
(1) The flood hazard areas of The Colony, Texas, 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 flood plains which cause an increase in
flood heights and velocities, and by the occupancy of flood hazard
areas by uses vulnerable to floods and hazardous to other lands
because they are inadequately elevated, flood-proofed or otherwise
protected from flood damage.
Section 3. 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 provisions
designed to:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in flood plains;
(6) To help maintain a stable tax base by providing for
the sound use and development of flood~)rone areas in such
a manner as to minimize future flood blight areas; and
(7) To insure the potential buyers are notified that
property is in a flood area.
Section 4. 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 a review of the City Manager's
interpretntion of any provisions 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 or greater 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 ]and in the flood plain
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 FHBM. After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined
into Zones A, AO, AH, A1-99, VO, or V1-30.
Base Flood - means the flood having a one percent chance
of being equal]ed or exceeded in any given year.
Development - means any man-made change to improved or
unimproved real estate, including but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excava-
tion or drilling operations.
Existing Mobile Home Park or Mobile Home Subdivision -
means a parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this ordinance.
Expansion To An Existing Mobile Home Park Or Mobile
Home Subdivision - means the preparation of additional sites by the
construction of facilities for servicing the lots on which the mobile
homes are to be affixed (including the installation of utilities,
either final site grading or the pouring of concrete pads, or the
construction of streets).
Flood or Flooding - means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) The overflow of in]and and tidal waters.
-" (2) The unusual and rapid accumulation or runoff of
surface waters from any source.
Flood Hazard Boundary Map (FHBM) - means an official map
of a community, issued by the Federal Insurance Administrtion,
where the areas within the boundaries of special flood hazards have
been designated as Zone A.
Flood Insurance Rate Map (FIRM) - means an official map of
a community, on which the Federal Insurance Administration 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 Insurance Administration. The report contains flood
profiles, the water surface elevation of the base flood, as we]] as
the Flood Hazard Boundary - Floodway Map.
Floodway - means the channel of ~. river or other water-
course and the adjacent land a~'eas thai m~sl be reserved in order
to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Habitable Floor - means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation, or
a combination thereof. A floor used for storage purposes only is
not a "habitable floor".
Highest Adjacent Grade - means the highest natural eleva-
tion of the ground surface prior to construction next to the
proposed walls of structure.
Mean Sea Level - means the average height of the sea for
all stages of the t}de.
Mobile Home - means a structure, transportable in one or
more sections, which is built on a permanent chassis designed to be
used with or without a permanent foundation when connected to
the required utilities. It does not include recreation vehicles or
travel trailers.
Mean Higher High Tide - The mean higher high tide is the
average high tide reached over a period of a lunar cycle, roughly
a period of 19 years.
Texas Open Beaches Act - This statute, enacted by the
Texas Legislature in 1959, prohibits encroachmenet by private
owners on the area seaward of the line of vegetation in areas
fronting on the Gulf of Mexico.
New Mobile Home Park or Mobile Home Subdivision - means
a parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be
affixed (including, at a minimum, the installation of utilities, either
final site grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the effective date
of this ordinance.
Start of Construction - means the first placement of
permanent construction of a structure (other than a mobile home)
on a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. Permanent construction does not
include ]and prepartion, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers or foundations
or the erection of temporary accesory buildings, such as garages or
sheds not occupied as dwelling units or not as part of the main
structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes
the fir ~ permanent framing or assembly of the structure or any
part t~e.reof on its piling or foundation. For mobile homes not
within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its
permanent site. For mobile homes within mobile home parks or
mobile home subdivisions, "start of construction" is the date on
which the construction of facilities for servicing the site on which
the mobile home is to be affixed (including, at a minimum, the
construction of streets, either final site grading or the pouring of
concrete pads, and installation of utilities) is completed.
Structure means a walled and roofed building that is
principally above ground, as well as a mobile home.
Substantial Improvement - means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50 percent 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 occurred.
For the purposes of this d¢.fi;~tion" .~:~ ,-*'. ,~roxement' is
considered to occur when the first alteration of any wall ee]ing,
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, inelode 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 neeessary to assure safe living eonditions, or (2) any
alteration of a structure listed on the National Register of Historie
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.
Section 5. General Provisions
A. Lands to Which This Ordinance Applies
This Ordinance shall apply to all areas of special flood
hazard within the jurisdiction of The Colony, Texas.
B. Basis for Establishing the Areas of Special Flood
Hazard
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report
entitled "The Flood Insurance Study for the City of The Colony,"
dated , with accompanying Flood Insurance Rate
Maps and Flood Hazard Boundary-Floodway Maps and any revision
thereto are hereby adopted by reference and declared to be a part
of this ordinance.
C. Establishment of Development Permit
A Development Permit shall be required to ensure conform-
ance with the provisions of this ordinance.
D. Compliance
No structure or ]and 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 other 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 constructed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under
State statutes.
G. Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and wiI1 occur and flood heights may be
increased by man-made or natural causes. This ordinance does not
imply that ]and 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 Colony, Texas, or any officer or employee thereof for any
flood da~nages that result from r'eiianc'e on thiq :~rdinanee or any
administrative decision lawfully made thereunder.
Section 6. Administration
A. Designation of City Manager
The City Manager is hereby appointed to administer
and implement the provisions of this ordinance.
B. Duties and Responsibilities of the City Manager
Duties and responsibilities of the City Manager shall
include, but not be Limited to:
(1) Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance;
(2) Review, approve or deny all applications for
development permits required by Article 3, Section C
of this ordinance;
(3) Review permits for proposed development to
assure that all necessary permits have been obtained
from those Federal, State or local governmental
agencies from which prior approval is required;
(4) 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 City Manager shall make the
necessary interpretation. The person contesting the
location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided
in Section D (2) of this Article.
(5) Notify adjacent communities and the FEMA
prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the
Federal Insurance Administration;
(6) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood carrying capacity is not diminished.
(7) When base flood elevation data has not been
provided in accordance with Article 3, Section B, the
City Manager shall obtain, review and reasonably
utilize any base flood elevation data available from a
Federal, State or other source, in order to administer
the provision of Article 5.
C. Permit Procedures
(1) Application for a Development Permit shall be
presented to the City Manager on forms furnished by
him and may include, but not be limited to, plans in
duplicate drawn to scale showing the locations,
dimensions and elevation of proposed landscape alter-
ations, existing and proposed structures and the
location of the foregoing in relation to areas of
special flood hazard. Additionally, the following
informtion is required:
a. Elevation in relation to mean sea level,
of the lowest floor (including basement) of all
proposed structures;
b. Elevaton in relation to mean sea level
to which any non-residential structure shall be
f]oodproofed;
c. A certificate from a registered pro-
fessional engineer or architect that the non-
residential floodproofed structure shall meet
the f]oodproofing 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 develop-
ment.
(2) Approval or denial of a Development Permit by
the City Manager shall be based on all of the
provisions of this ordinance and the following relevant
factors:
a. The danger to life and property due to
flooding or erosion damage;
b. The susceptibility of the proposed facil-
ity 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 sys-
tems.
g. The expected heights, velocity, dura-
tion, rate or 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. Variances Procedures
(1) The Board of Adjustments and Appeals as
established by the City of The Colony, Texas shall
hear and render judgment on requests for variances
from the requirements of this ordinance.
(2) The Board of Adjustments and Appeals 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 City Manager
in the enforcement or administration of this ordi-
nance.
(3) Any person or persons aggrieved by the deci-
sion of the Board of Adjustments and Appeals may
appeal such decisions in the courts of competent
jurisdiction.
(4) The City Mana,~er shall maintain a record of
all actions involving an appeal and shall report
variances to the Federal Insurance Administration
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 section.
(6) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing the relevant factors in Section C (2) of this
Article have been fully considered. As the lot size
increases beyond the one-half acre, the technical
jutsification required for issuing the variance in-
creases.
(7) Upon consideration of the factors noted above
and the intent of this ordinance, the Board of
Adjustments and Appeals may attach such conditions
to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance
(Article 1, Sections C an D).
(8) Variances shah not be issued within any desig-
nated 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 mini-
mum necessary, considering the flood hazard,
to afford relief.
b. Variances shall only be issued upon (i) a
showing of good and sufficient cause, (ii) a
determination that failure to grant the vari-
ance 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 victimiza-
tion of the public or conflict with existing
local laws or ordinances.
c. Any applicant to whom a variance is
granted shall be given written notice that the
structure wi]] be permitted to be built with a
lowest floor elevation no more than Zero
feet be]ow the base flood elevation, and that
the cost of flood insurance will be commen-
surate with the increased risk resulting from
the reduced lowest floor elevation.
Section 7. Provisions for Floor Hazard Reduction
A. General Standards
In all areas of special flood hazards the following provisions
are required:
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse
or lateral movement of the structure;
(2) All new c. onstruetio~ or substantial improve-
merits shal] be constructed by methods and practices
that minimize floood damage;
(3) All new construction or substantial improve-
ments shall be constructed with materials and utility
equipment resistant to flood damage;
(4) All new and replacement water supply systems
shalt be designed to minimize or eliminate infiltration
of flood waters into the system;
(5) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration
of flood waters into the system and discharges from
the systems into flood waters; and
(6) On site waste disposal systems shall be located
to avoid impairment to them or contamination from
them during flooding.
B. Specific Standards
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i) Article 3,
Section B, (ii) Artiele 4, Seetion B, (?), or (iii) Article 5, Section
D, (3) the following provisions are required:
(1) Residential Construction - New Construetion
or substantial improvement of any residential struc-
ture shall have the lowest floor, including basement,
elevated to or above the base flood elevation. A
registered professional engineer, architect, or land
surveyor shah submit a certification to the City
Manager that the standard of this subsection, as
proposed in Article 4, Section C (1) (a), is satisfied.
(2) Non-residential Construction - New Construc-
tion or substantial improvement of any commercial,
industr'ial or other non-residential structure shall
either have the lowest floor, including basement,
elevated to the level of the base flood elevation or,
together with attendant utility and sanitary facilities,
be f]oodproofed so that below the base flood ]eve] the
structure is water tight with walls substantially
impermeable to the passage of water and with
structural components having the capability of resist-
ing hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or
architect shall submit a certification to the City
Manager that the standards of this subsection as
proposed in Article 4, Section C (1) (c), are satisfied.
(3) Mobile Homes -
a. No mobile home shall be placed in a
floodway, or if applicable, a coastal high
hazard area, except in an existing mobilehome
park or existing mobile home subdivision.
b. Ail mobile homes shall be anchored to
resist flotation, c~llapse or lateral movement.
Specific requirements shah be:
(i) over-the-top ties at each of the
four corners of the mobile home, with
two additional ties per side at the
intermediate locations and mobile
homes less than 50 feet long requiring
one additional tie per side;
(ii) fram{ ties at each corner of the
home with five additional ties per side
at intermediate points and mobile homes
less than 50 feet long requring four
additional ties per side;
(iii) all components of the anchoring
system be capable of carrying a force of
4,800 pounds;
(iv) any additions to the mobile home be
similarly anchored.
c. For new mobile home parks and sub-
divisions; for expansions to existing mobite
home parks and subdivisions; for existing mo-
bile home parks and subdivisions where the
repair, reconstruction or improvement of the
streets, utilities and pads equals or exceeds 50
percent of value of the streets, utilities and
pads before the repair, reconstruction or im-
provement 'has commenced; and for mobile
homes not placed in a mobile home park or
subdivision require:
(i) stands or lots are elevated on
compacted fill or on pilings so that the
lowest floor of the mobile home will be
at or above the base flood level. A
registered professional engineer, archi-
tect, or land surveyor shall submit a
certification to the City Manager that
the standard of this paragraph complies
with Section B(1) of this Article.
(ii) adequat surface drainage and ac-
cess for a hauler are provided; and
(iii) in the instance of elevation on
pilings: (1) lots are large enough to
permit steps, (2) piling foundations are
placed in stable soil no more than ten
feet apart, and (3) reinforcement is
provided for pilings more than six feet
above the ground level.
(4) F]oodways - located within areas of special
flood hazard established in Article 3, Section B are
areas designated as f]oodways. Since the floodway is
an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles
and erosion potential, the following provisions shall
apply:
a. Encroachments are prohibited, including
~ ? fill, new construction, substantial improve-
ments and other developments unless certifi-
cation by a professional registered engineer or
architect is provided demonstrating that en-
croachments shah not result in any increase in
flood levels during_occurence of the base flood
discharge.
b. If Article 5, Section B (4) (a) above is
sastisfied, all new construction and substantial
improvements shah comply with all applicable
flood hazard reduction provisions of Article 5.
c. Prohibit the placement of any mobile
homes, except in an existing mobile home park
or subdivision.
(4) (i) All buildings Rna slructures within an area
to which the Texas Open Beaches Act applies shai1 be
located at or above the line of vegetation, or at least
300 feet from mean low tie where there is no visible
line of vegetation; (ii) in areas which are not subject
to provisions of the Texas Open Beaches Act, all
buildings and structures shall be toeated landward of
the reach of the mean higher tide.
C. Standards for Areas of Shallow Flooding (AO Zones)
Located within the areas of special flood hazard established
in Article 3, Section B are aeas 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 indeterminate;
therefore, the following provisions apply:
(1) All new cons'truction and substantial improve-
ments of residential structures have the lowest floor
(including ~ elevated above the highest adja-
cent 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) All new construction and substantial improve-
ments of nonresidential structures:
(i) have the lowest floor (including base-
ment) 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 san-
itary facilities be designated so that below the
base flood level the structure is watertight
with walls substantially impermeable to the
passage of water and with structural compo-
nents having the capability of resisting hydro-
static and hydrodynamic loads of effects of
buoyancy.
(3) A registered professional engineer or architect
shall submit a certification to the City Manager that
the standards of this Section, as proposed in Article
4, Section C (1) (a) are satisfied.
(4) Require within Zones AH and AO, adequate
drainage paths around structures on slopes, to guide
floodwaters around and away from proposed struc-
tures.
D. Standards for Subdivision Proposals
(1) All subdivision proposals shall be consistent
with Article 1, Sections B, C and D of this ordinance.
(2) All proposals for the development of sub-
divisions shall meet Development Permit require-
ments 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 provided for
subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or 5 acres,
if not otherwise provided pursuant to Article 3,
Section B or Article 4, Section B(7) of this ordinance.
(4) All subd~vismn proposais sliM! 13a~e adequate
drainage prowded to reduce ~posure to flood haz-
ards.
(5) All subdivision proposalJ shall have public
utilities and faci]itms such as sewer, gas, electrical
alad water systems located and constructed to mini-
mize flood damage.
Section 8. Methods of Reducing Flood Losses
In order to accomphsh 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 in-
creases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
(3) Control the alteration of natural flood plains, stream
channels, and natural protective barriers, which are involved
in the accomodation of flood waters;
(4) Control filling, grading, dredging and other development
which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may in-
crease flood hazards to other lands.
It is hereby found and declared by the City of The Colony, Texas
that severe flooding has occurred in the past within its jurisdiction and
will certainly occur within the future; that flooding is likely to result
in substantial injury or destruction of property within its jurisdiction;
in order to effectively comply with minimum standards for coverage under
the National Flood Insurance Program; and in order to effectively remedy
the situation described herein, it is necessary that this or~linance become
effective immediately. Therefore, an emergency is hereby declared to
exist, and this ordinance, being necessary for the immediate preservtaion
of the public peace, health and safety, shall be in full force and effect
from and after its passage and approval.
PASSED AND APPROVED this I[t~ day of (~.0~, 1984.
Approved:
Attest:
SeQ~r '' Colony, Texas
[ SEAL I
CERTIFICATE
I, the undersigned, , do hereby certify
that the above is a true and correct copy of an ordinance duly adopted
by the City of The Colony, Texas, at a regular meeting duly convened
at the City Hall on the day of , 198__.
City Secretary
[SEALJ ~