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HomeMy WebLinkAboutOrdinance No. 445 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS 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 BE IT, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. StatutoEy Authorization. The Legislature of the State of Texas delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Coancil of the 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 inundation which results in loss of life and property, health and safety hazards, disruption of commerce und 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 tbe cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to flood and hazardous to other lands because they are inadequately elevated, floodprunfed or otherwise protected 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 conditious in specific areas by provisions designed to: (1) Protect human life and bealth; (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 bnsiuess interruptions; (5) Minimize damage to public facilities mid utilities such as water mid gas mains, electric, telephone and sewer liues, streets und 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 maimer as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area, SECTION D. Methods of Reducing Flood Losses. 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; (3) Control the alteration of natural floodplains, stream channels, and nataral protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent ur regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 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 a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Area of Controlled Flood Protection" - means the lund which because of flood hazard alleviation measures requiring continuons maintenance and]or operating procedures 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 Floodiag' - means the land which, because 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 AO, AH, or VO zone on a community's Flood 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 ponding or sheet flow. "Area of Special Flood Hazard" - is the lund in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be desiguated 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, AH, AO, AI-99, VO ur VI-30. "Base Flood" - memos the flood having a one percent chance of being equaled or exceeded in any given year. "Development" - means any man-made chm~ge in improved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation 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 pad, and the coustructiun of streets) is completed before the effective date of the adoption of floodplain management regulatious. "Expansion to an Existing Mobile Home Park or Mobile Home Subdivision" - means the preparation of additional sites by the coustruction 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 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 inland or tidal waters; (2) the unusual and rapid accmnulation or runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the flood, mudsiide (i.e., mudflow) related erosion areas having special hazards have been designated us Zone A, M, and/or E. "Flood Insur~mce 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 commmfity. "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). "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. "Habitable Floor" - means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combinatioa thereof. A floor used for storage purposes only is not a "habitable floor." "Highest Adjacent Grade" - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). "Mean Sea Level" - means the average height of the sea for all stages of the tide. "Mobile Home" - means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when cmmected to the required utilities. It does not include recreational vehicles or travel trailers. "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 ntilities, 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 eonstmmtion of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or m~y work beyond the state of excavation. Permaneut 0175X 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 a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory 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 first permanent fruraing or assemble of the structure or any party thereof 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 subdivision, "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 (ineludiag, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, the installation of utilities) is completed. "Structure" - means a wailed or roofed building, including a gas or liquid storage tank, 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% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the struetare has been damaged and is being restored, before the damage occurred. For the purpose of this definitiou "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 struetare. 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 rammer otherwise prohibited by this ordinance. ARTICLE 3 GENERAL PROVISIONS SECTION A. Lands to which this Ordinance Applies. The ordinance shall apply to all areas of special flood hazard with the jurisdiction 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 by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of The Colony, Texas," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) und any revisions thereto are hereby adopted by reference and declared to be part of this ordinance. SECTION C. Establishment of Development Permit. A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. Colnpliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinancev, applicable regulations, h~ 0~g- -4- SECTION 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. SECTION 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. SECTION G. Warning and Disclaimer or Liability. The degree of flood protection required by this ordinance is cansidered 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 permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the commanity or any official or employee thereof for any flood damages that result froln reliance on this ordinance or any administrative decision lawfully made thereander. 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 and implement the provisions of this ordinance. SECTION B. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection ali records pertaining to the provisions of this ordinance. (2) Review, approve or deny all applications for development permits required by adoption of this ordinance. (3) Review permits for proposed development to assure tbat 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. 1344) from which prior approval is required. (4) Where interpretation is needed as to the exact location of tile 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) tile Floodplain Administrator shall make the necessary interpretation. (5) Notify, in rivecine situations, adjacent communities and the State Coordinating Agency prior to any alteration or relocation of a watercourse, and submit evidence to such notification to the Federal Emergency Management Agency. (6) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (7) 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. SECTION 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, ~md 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 proposed structures, elevation and plan of required purking for such structures and the minimum elevation of required access to such 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 Article 5, Section B(2); d. Description of the extent to whicb any watercourse or natural drainage will be altered ur relocated as a result of proposed development. (2) Approval or denial of a Development Permit by the Floodplain Administrator shah 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 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 a~ld after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and tile 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, ,lot subject to flooding or erosion damage, for the proposed use; j. 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 ordinance. (2) The City Council shall hear mud render judgment on a~ 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 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) 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 justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any desig~mted floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a 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 flour 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. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. General Standards. In all areas of special flood hazards the following provisions are required: (1) All new construction or substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) All new construction or substantial improvements shall be constructed by methods and prantiees 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 and replacement water supply systems shall 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 discharge 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. SECTION B. Specific Stm~dards. 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(7), or (iii) Article 5, Section C(3), the following provisions are required: (1) Residential Construction - new construction and substantial impruvement 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 Article 4, Section C(1)a, is satisfied. (2) Nonresidential Construction new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement elevated to or above the level of the base flood elevation or, together with attendent utility and sanitary facilities, be floodproofed 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 sball be maintained by tile Floodplain Administrator. (3) Mobile Homes a. Reqtfire that all mobile homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, mobile homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Metbods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. Require that an evacuation plan indicating alternate vehictflar access and escape routes be filed with appropriate Disaster Preparedness Authorities for mobile home parks and mobile homes subdivisions located within Zone A. c. All mobile homes shall be in compliance with Article 5, Section B (1). d. Require within Zones AI-O and AE for new mobile home parks and mobile home subdivisions, in expansions to existing mobile home parks and mobile home subdivisions, and in existing mobile home p~trks and mobile home subdivision where the repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50% of tile value of the streets, utilities and pads before the repair, reconstruction or improvements has commenced, have the lowest floor of the mobile home elevated to or above the base flood level e. Require that all mobile homes to be placed with Zone AI-0 and AE, which are not to be placed into a mobile home park or mobile home subdivision, have the lowest floor of the mobile home elevated to or above the base flood level SECTION C. Standards for Subdivision Proposals. (1) All subdivision proposals shall be consistent with Article 1, Sectinns B, C, and D or this ordinance. (2) All proposals for the development of subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisious of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and on the proposed development which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(7) of this ordinance. (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (5) Ali subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and coastructed to minimize flood damage. SECTION D. Standards for Areas of Shallow Flooding (AO/AH Zones). Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of ! to 3 feet where a clearly defined chmmel does not exist and where the path of floodiag is unpredictable and where velocity flow may be evident. Such floodiag is characterized by ponding or sheet flow; therefore, the following provisions apply; (1) All new construction and substantial i~nprovements of residential structures have the lowest floor (including basement) elevated above the bigbest 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 construction and substantial improvements of nonresidential structures; (i) have the lowest floor (incinding basement) elevated above the highest adjacent grade at least as high as the depth nmnber 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 sanita~mj facilities be designed so that below the base flood level tbe structure is watertight with wails substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrod~m~nic 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 4, Section C (1)a, are satisfied. (4) Require within Zones AH or AO adequate drainage paths aroand 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 Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion poteutial, the following provisinns 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 demonstrating that encroachments shall not result in any increase in flood levels with the community daring the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Prohibit the placement of any mobile home, except in an existing mobile home park or subdivision. ARTICLE 6 REMOVAL OF LANDS FROM AREAS OF SPECIAL FLOOD HAZARD The limits of an area of special flood hazard may be reduced if the potential for flood damage is reduced to the extent required by the City Coancil and the Federal Insurance Administration. A change in the limits will be possible when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the Local Administrator that the flood hazard has been alleviated. Such change in limits shall be accomplished by the person desiring such change furnishing to the Local Administrator adequate information and plans for submission by the City to the Federal Insurance Administration for their concurrent approval of such change. The Local Administrator shall also submit such information and plans to the City Council. If both the Federal Insurance Administration and City Council approve the information and plans furnished and the method of flood hazard alleviation, the limits of an area of special flood hazard may be revised 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, tbe land removed from an area of special flood hazard shall be designated as an 'Area of Improbahie 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 Protection. If the flood hazard alleviatian measures are not permanent in nature 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 upon the concarrence of the City Council that the flood hazard alleviation measures are maintained and/or operating procedures continued in such a manner that the occurrence or a Base Flood will not result in flooding. Development Permits for land so designated shall be issued daring such time as flood hazard alleviation measures are determined by Local Adininistratur to be adequate. Adequacy shall be determined by the capability of the Area of Controlled Flood Protection being able to withstand the 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 hoar in an area of controlled flood protection. The degree of control with respect to flooding by the City Coancil within such areas shall be eommensarate with the probability of flooding occuring if such maintenance and/or operating procedures are not eantinued. Binding contracts or other enforceable assurances that the required flood hazard alleviation measures will be continuously capable of providing protection from floodiug 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. 0175X 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 adequate 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 the City Council shall be designated as floodways. All land within such enclosed areas may be designated as an area of Controlled Flood Protection, with the exception of that designated as a floodway, upon the completion of all facilities required for the removal of internal accumulations of flood waters and the protection froln inflowing flood waters in accordance with plans approved by the City Council. Development Permits shall not be issued for any part of such enclosed areas until the entire area so enclosed, with the exception of that designated as a floodway, has been designated as an area of Controlled Flood Protection. Excavation, filling and]or grading operations iu progress upon the effective date of this ordinance may be continued without a Developlneut Permit unless the City Manager determiues that: a. Such work or binding contract for such work, was not initiated prior to September 15, 1986; b. Such work is not beneficial toward the development of the land to its highest and best use; or c. Such work endangers land to flooding which was not designated as a special flood hazard area on September 15, 2986. It is the intent of this ordinance to provide for conditions which will permit the development and use of land to continue without threat of interruption after a special flood hazard area has been designated as an area of Controlled Flood Protection. Adequate provision of these conditions requires that facilities for the detention of peak flows and the removal of flood waters which may accumulate within areas totally or partially enclosed, as described in the preceding paragraph, shah have adequate capacity to perform their required function under adverse conditions. The design capacity for such facilities shall be based upon the projected development of the entire area contributing flood flows to the facility 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 structures and shall limit street inundation to the standards established by this ordinance. In additiun, tile water surface elevation of tile Base Flood shall not exceed the lowest floor elevation of any structure within an enclosed area, as previously described, if pumps are required for the discharge of accumulated flood flows and the largest single pump provided for that area is inoperative daring 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 cireumstance, is held invalid or unconstitutional 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 such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effet. Section 3. Any person violating any of the provisio~s 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 violatiou occurs or continues. Section 4. The fact that the present ordinances aJ~d regulations of the City of The Colony, Texas, are inadequate to properly safeguard the bealth, safety, morals, peace and general welfare of the iuhabitants of the City of The Co[ouy, Texas, creates a~l emergency foe 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 m~d after tile date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the ~day of ~, 1986. ~ Mayor, C~f[~ of The Cdlony ATTEST: / City Secretary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas