HomeMy WebLinkAboutOrdinance No. 2011-1892CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 9.5, ENTITLED "FLOOD DAMAGE PREVENTION," BY
REPEALING IN ITS ENTIRETY AND REPLACING WITH A NEW
CHAPTER 9.5, SECTIONS 9.5-1 THROUGH 9.5-44; ESTABLISHING
REGULATIONS TO MINIMIZE FLOOD LOSSES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Sections 16.315 - 16.319 of the Texas Water Code, the
Legislature of the State of Texas has delegated to local governmental units the responsibility of
adopting regulations designed to minimize flood losses within the jurisdiction of each respective
local governmental unit; and
WHEREAS, the City Council of the City of the Colony, Texas ("City Council"), upon full
consideration of the matters, has determined the necessity and desirability of providing regulations
designed to minimize flood losses within the jurisdictional limits of the City of the Colony, Texas
("City"); and
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 9.5 and replace
with a new Chapter 9.5 to regulate flood hazards within the City in accordance with State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 9.5, entitled "Flood Damage Prevention," in its
entirety and replacing it with a new Chapter 9.5, Sections 9.5-1 through 9.5-44, entitled "Flood
Damage Prevention," which shall read as follows:
"Chapter 9.5
FLOOD DAMAGE PREVENTION
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
METHODS
Sec. 9.5-1. Statutory authorization.
The Legislature of the State of Texas has in V.T.C.A., Water Code 16.315--16.319,
delegated the responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the City Council of The Colony does ordain as follows.
Sec. 9.5-2. Findings of fact.
(a) The flood hazard areas of the City of The Colony 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.
(b) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood hazards
areas by uses vulnerable to floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
Sec. 9.5-3. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-
prone areas in such a manner as to minimize fixture flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 9.5-4. Methods of reducing flood losses.
In order to accomplish its purposes, this chapter uses the following methods:
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(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 natural protective
barriers, which are involved in the accommodation of floodwaters;
(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
floodwaters or which may increase flood hazards to other lands.
ARTICLE II. DEFINITIONS
See. 9.5-10. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the meanings they have in common usage and to give this chapter its
most reasonable application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar
landform which originates at the apex and is characterized by high-velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Area of future conditions flood hazard means the land area that would be inundated by
the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
Area of shallow flooding means a designated AC, AH, or VO zone on a community's
flood insurance rate map 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 land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. The area may be designated as Zone
A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO,
Al-00, VO, V1-30, VE or V.
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Base flood means the flood having a one percent chance of being equaled or exceeded in
any given year.
Base flood elevation means the elevation shown on the Flood Insurance Rate Map
(FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-
A30, or VE that indicates the water surface elevation resulting from the flood that has a 1%
chance of equaling or exceeding that level in any given year - also called the Base flood.
Basement means any area of the building having its floor subgrade (below ground level)
on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Critical feature means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
Development means any manmade change in improved and unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
Elevated building means a non-basement building (i) built, in the case of a building in
Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in
the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed by means
of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the
National Flood Insurance Program regulations.
Existing construction means, for the purpose of determining rates, structures for which
the "start of construction" commenced before the effective date of the FIRM or before January 1,
1975, for FIRMs effective before that date. "Existing construction" may also be referred to as
"existing structures."
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
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construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
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 accumulation of runoff of surface waters from any source.
Flood Elevation Study means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the flood boundary-floodway map.
Floodplain or flood prone area means any land area susceptible to being inundated by
water from any source (see definition of flooding).
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the areas within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
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Flood proofing means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
Floodway (regulatory floodway) means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The tei7n includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily deternlined by the Secretary of
the Interior as meeting the requirements for individual listing on the Natural Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district of a district
preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either;
a. By an approved state program as determined by the Secretary of the Interior or;
b. Directly by the Secretary of the Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert the flow
of water so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
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Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirement of Section 60.3 of the National Flood Insurance Program
regulations.
Manufactured home means a structure transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a pennanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
New construction means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square
feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
Riverine means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
Start of construction (for other than new construction or substantial improvements under
the Coastal Barrier Resources Act (Pub. L. 97-348)). Includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of
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the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement. This includes structures which
have incurred "substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structuure."
Variance is a grant of relief to a person from the requirement of this chapter when
specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this chapter. (For full
requirements see Section 60.6 of the National Flood Insurance Program regulations.)
Violation means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (3),(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
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ARTICLE III. GENERAL PROVISIONS
Sec. 9.5-20. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard with the jurisdiction of the
city of The Colony.
Sec. 9.5-21. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management
Agency in the current scientific and engineering report entitled, "The Flood Insurance Study for
Denton County, Texas and Incorporated Areas," dated April 18, 2011, with accompanying Flood
Insurance Rate Maps (FIRM) dated April 18, 2011 and any revisions thereto are hereby adopted
by reference and declared to be a part of this chapter, and any area of future conditions flood
hazard as identified through a flood elevation study.
Sec. 9.5-22. Establishment of development permit.
A development permit shall be required to ensure conformance with the provisions of this
chapter.
Sec. 9.5-23. Compliance.
No structure or land shall be located, altered, or have its use changed without full
compliance with the terms of this chapter and other applicable regulations.
Sec. 9.5-24. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Sec. 9.5-25. Interpretation.
In the interpretation and application of this chapter, 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.
Sec. 9.5-26. Warning and disclaimer of liability.
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The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be increased by manmade or natural
causes. This chapter 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 chapter shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this chapter or any administrative decision lawfully made
thereunder.
ARTICLE IV. ADMINISTRATION
Sec. 9.5-30. Designation of the floodplain administrator.
The Director of Engineering or designee is hereby appointed the floodplain administrator
to administer and implement the provisions of this chapter and other appropriate sections of 44
CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
Sec. 9.5-31. 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 all records pertaining to the
provisions of this chapter.
(2) Review the permit application to deternine whether the proposed building site,
including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this chapter.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental agencies (including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions) the floodplain administrator shall make
the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating
agency which is Texas Natural Resource Conservation Commission, prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
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(7) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with section
9.5-21, the floodplain administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a federal, state or other source, in
order to administer the provisions of article V.
(9) When a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones 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.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones
Al-30, AE, AH, on the community's FIRM which increases the water surface elevation
of the base flood by more than one foot, provided that the community first applies for a
conditional FIRM revision through FEMA.
Sec. 9.5-32. Permit procedures.
(a) Application for a development permit shall be presented to the floodplain administrator
on forms furnished by him 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, including the placement of manufactured homes, and the location of the
foregoing in relation to areas of special flood hazard. Additionally, the following information is
required:
(1) Elevation (in relation to mean sea level), of the lowest floor (including basement)
of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential structure shall
be floodproofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of subsection
9.5-41(2);
(4) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
(5) Maintain a record of all such information in accordance with subsection 9.5-
31(1).
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(b) Approval or denial of a development permit by the floodplain administrator shall be
based on all of the provisions of this chapter and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(6) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and facilities
such as sewer, gas, electrical and water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for that area.
(c) A fee as established by resolution of the city council shall be assessed.
Sec. 9.5-33. Variance procedures.
(a) The appeal board as established by the community shall hear and render judgment on
requests for variances from the requirements of this chapter.
(b) The appeal board 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 chapter.
(c) Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(d) 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.
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(e) 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 chapter.
(f) 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 chapter.
(g) 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 subsection
9.5-32(b) of this article have been fully considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variance increases.
(h) Upon consideration of the factors noted above and the intent of this chapter, the appeal
board may attach such conditions to the granting of variances as it deems necessary to further the
purpose and objectives of this chapter (section 9.5-3).
(1) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(j) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(k) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) 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.
(3) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(1) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in subsections (a)--O) above are cruet, and (ii) the
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stricture or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 9.5-40. 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
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials
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 floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharge from the systems into floodwaters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Sec. 9.5-41. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in (i) section 9.5-21, (ii) subsection 9.5-31(8), or (iii) subsection 9.5-42(c), the following
provisions are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated to two (2) feet
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 subsection 9.5-32(a)(1), is satisfied.
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(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 two (2) feet above the base flood level or together with
attendant utility and sanitary facilities, be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of practice as outlined in
this subsection. A record of such certification which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed shall be maintained by the floodplain
administrator.
(3) Enclosures. New construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding, shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured hoines:
a. Require that all manufactured homes to be placed with Zone A on a community's
FHBM or FIRM shall be installed using methods and practices which minimize flood
damage. For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of 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 manufactured homes that are placed or substantially improved within
Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or subdivision,
or (iv) in an existing manufactured home park or subdivision on which a manufactured
home has incurred "substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated to or above
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the base flood elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
C. Require that manufactured homes be placed or substantially improved on sites in
an existing manufactured home park or subdivision with Zones Al-30, AH and AE on
the community's FIRM that are not subject to the provisions of paragraph (4) of this
section be elevated so that either:
1. The lowest floor of the manufactured home is at two (2) feet above the
base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches
in height above grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
(5) Recreational vehicles. Require that recreational vehicles placed on sites within Zones
Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180
consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit
requirements of subsection 9.5-32(a), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
Sec. 9.5-42. Standards for subdivision proposals.
(a) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with sections 9.5-2, 9.5-3, and 9.5-4 of this chapter.
(b) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet development permit requirements of
section 9.5-22, section 9.5-33; and the provisions of Article V of this chapter.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which is
greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to
section 9.5-21 or subsection 9.5-31(8) of this chapter.
(d) Base flood elevation data, with the establishment of a floodway, shall be generated by a
detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of Zone A
areas, and other streams not mapped by FEMA, as indicated on the community's FIRM.
(e) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
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(f) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
Sec. 9.5-43. Floodways.
Floodways located within areas of special flood hazard established in section 9.5-21, are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2) If subsection (1) above is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of article V.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided that the community
first applies for a conditional FIRM and floodway revision through FEMA.
Sec. 9.5-44. Penalties for Non Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this ordinance and other applicable regulations.
Violation of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates the ordinance or fails to comply with
any of its requirements shall upon conviction thereof be fined not more that the Texas law set
fines for each violation, and in addition shall prevent City from taking such other lawful action
as is necessary to prevent or remedy any violation."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in filll
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
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other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of /]a , 2011.
Joe McCourfy, Mayor
ATTEST:
- B d . ray'
Christie Wilson, City Secretary 1//lll~~~w
APPROVED AS TO FORM:
"Al
Jeff Moore; City Attorney
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