HomeMy WebLinkAboutORD 2008-55 - Flood Damage PreventionAN ORDINANCE COUNCILOF OF • i
TEXAS, REPEALING ! REPLACING CHAPTER 15.44 OF OF
GEORGETOWN CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE
• i •!'Ali
WHEREAS, the Legislature of the State of Texas has delegated the responsibility
to local governmental units to adopt regulations designed to minimize flood losses; and
WHEREAS, the flood hazard areas of the City of Georgetown 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; and
WHEREAS, 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, flood proofed or otherwise protected from
flood damage; and
WHEREAS, the City Council of Georgetown finds it to be in the best interest of
the City of Georgetown to repeal and replace the current ordinance relating to flood
damage prevention and that doing so promotes the public health, safety and general
welfare and minimizes public and private losses due to flood conditions in specific
areas; and
WHEREAS, the caption of this Ordinance has been published in the Williamson
County Sun on September 3, 2008 in compliance with the City Charter of the City of
Georgetown, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01
GEORGETOWN, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following Vision Statements, Goals and Policies
of the 2003 Comprehensive Plan:
Flood Damage Prevention Ord. No.
Chapter 15.44
Page 1 of 3
1.0 Quality of Life — 1.1 Community Character C. — We have raised the bar for
development quality by encouraging innovation among forms of development that
maintain and enhance community character and conserve land and natural resources,
consistent with market demand.
E. We have preserved our irreplaceable natural resources, our lakes, rivers and hill
country scenery. Through a variety of means - including strategic acquisition and
development of park lands, trails and greenways, successful partnerships, and effective
use of incentives for voluntary preservation - our open spaces are protected for future
generations; and
2.0 Quality Growth/Sustainable Development - 2.4 In our suburban
fringe we have... - C. Encouraged conservation development and other
approaches that retain rural character and promote retention of open space.
and further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other policies of the Georgetown 2030 Comprehensive Plan.
SECTION 2. Chapter 15.44, Ordinance #91-29 Flood Damage Prevention, of
the Code of Ordinances of the City of Georgetown is hereby repealed and the
regulations set forth in the attached Exhibit A, titled "Flood Damage Prevention",
are hereby adopted by the City Council of the City of Georgetown, Texas.
SECTION 3. All other ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any
force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any
person or circumstance shall be held invalid, such invalidity, shall not affect the other
provisions, or application thereof, of this ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
Flood Damage Prevention Ord. No.
Chapter 15.44
Page 2 of 3
PASSED AND APPROVED on First Reading on the day o x`X ;* 2008.
PASSED AND APPROVED on Second Reading on the;?3 day oflx4oev 12008.
f
ATTEST:
d{fd t�y�
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
icia E. Carls
City Attorney
Flood Damage Prevention Ord. No. 01008,
Chapter 15.44
Page 3 of 3
THE CITY OF GEORGETOWN:
By: George Garver
Mayor
MATtw,
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 natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage; and
(5)
Prevent
or regulate the
construction of
flood barriers which will
unnaturally
divert flood
waters or which
may increase flood
hazards to other lands.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 1 of 19
1,914010111t
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted to give them the meaning they have in common usage and to give this
Chapter it's most reasonable application.
APPEAL - means
a request
for
a review
of the Flood
Plain Administrator's
interpretation of any
provision of
this
Chapter or
a request for a
variance.
APPEAL BOARD - The City of Georgetown's Planning and Zoning Commission.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater
annual chance of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding in unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD ELEVATION- means the flood having a one percent chance of being
equaled or exceeded each year in a given location.
BASEMENT - means any area of the building having its floor sub grade (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 tot he 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 man-made change in improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment or
materials.
Flood Damage Prevention Ord. No. CXOOJT� S5
Exhibit "A"
Chapter 15.44
Page 2 of 19
ELEVATED BUILDING - means, for insurance purposes a non -basement building,
which has its lowest elevated floor, raised above ground level by foundation walls, shear
walls, posts, piers, pilings or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for Firms' effective before that date. "Existing construction" may
also be referred to as "existing structures."
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 construction of streets, and either final site
grading or the pouring on 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; or
(2) the unusual and rapid accumulation or 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 special
flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study
FLOODPLAIN ADMINISTRATOR - Director of Inspection Services or his designated
representative.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 3 of 19
FLOODPLAIN or FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source, including, but not limited to "flooding" as defined
herein.
FLOOD 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, grading and erosion control ordinances) 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.
FLOODPROOFING - 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 reversed 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 perforin its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 4 of 19
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 determined by the Secretary
of the Interior as meeting the requirements for individual listing on the National
Register;
(2) Certified or preliminary determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or 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 or 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 man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, useable 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 non -elevation design requirement of
Section 60.3 of the National Flood Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The term
`"manufactured home" does not include a "recreational vehicle".
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 5 of 19
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 rate,
structures for which the "start of construction" commended 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.
PROFESSIONAL ENGINEER OR ARCHITECT - An Engineer or Architect
licensed/registered to practice in the State of Texas.
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 tow able by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
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.
RIVERINE - means relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
SPECIAL FLOOD HAZARD AREA - 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 rate -
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 6 of 19
making has been completed in preparation for publication for the FIRM, Zone A usually
is refined into Zones A. AE, AH, AO, Al -30, A99, AR, AR/A1-30, AR/AE, AR/AO,
AR/AH, AR/A, VO, V1-30, VE or V.
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 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 of 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 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 it's 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 structure."
VARIANCE - means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 (a) of the National Flood
Insurance Program regulations).
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 7 of 19
VIOLATION — means the failure of a structure or other development to be fully
compliant with the community's flood plain 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), (e)
(4), or (e) (5) is presumed to be in violation until such time as that documentation is
provided.
WATER SURFACE ELEVATION — means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the flood plains of coastal or riverine areas.
The ordinance shall apply to all special flood hazard areas within the jurisdiction of the
City of Georgetown, Texas.
The special flood hazard areas identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for
Williamson County, Texas and Incorporated Areas," dated September 28, 1990, with
accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps
(FIRM and/or FBFM), dated September 26, 2008 and any revisions thereto are hereby
adopted by reference and declared to be a part of this ordinance.
A Development Permit shall be required to ensure conformance with the provisions of
this Chapter.
No
structure or
land
shall hereafter be located, altered,
or have its
use changed without
full
compliance
with
the terms of this Chapter and other
applicable
regulations.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 8 of 19
Any building, structure, land fill or other means of restriction that has been illegally
located within the flood plain shall be removed at owner's expense within the stated
time as set by the Flood Plain Administrator. Failure to do so by the owner of said
property will be considered a misdemeanor and subject to the General Penalties as
provided for in Chapter 1.08, Section 1.08.010 of the City of Georgetown Code of
Ordinances. Further, the City of Georgetown, for the protection of its citizens may
remove or have the obstruction(s) removed from the flood plain and the owner billed. If
payment for this service is not forthcoming, the City of Georgetown shall place a lien on
said property.
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter conflicts with or overlaps
with another legal issue or right, where this Chapter imposes a greater restriction, the
provisions of this Chapter shall prevail.
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.
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 man-
made or natural causes. This ordinance does not imply that land outside the special
flood hazard areas 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 hereunder.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 9 of 19
The Director/Building Official of the .Inspection Services Department is hereby
appointed the Floodplain Administrator to administer and implement the provisions of
this Chapter and other appropriate sections of Title 44 of the Code of Federal
Regulations (Emergency Management and Assistance - National Flood Insurance
Program Regulations) pertaining to flood plain management.
SECTION B. DUTIES & 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 permit application to determine whether 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 special flood hazard areas (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 currently the Texas Water Development Board, prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Emergency Management Agency.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 10 of 19
(7) Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with
Article 3, Section S, 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 5.
(9) When a regulatory flood 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) Select and adopt a regulatory floodway based on the principle that the area
chosen for the regulatory floodway must be designed to carry the waters of the base
flood, without increasing the water surface elevation of that flood more than one foot at
any time.
(11) 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
completes all of the provisions required by Section 65.12 of 44 CFR in the NFIP FEMA
regulations.
(1) An application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not 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 special flood
hazard areas. Additionally, the following information is required:
a. The elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
b. The elevation in relation to mean sea level to which any non-residential
structure shall be flood proofed;
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 11 of 19
c. A certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5,
Section B(2);
d. A description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
e. A record of all such information must be maintained by the Floodplain
Administrator in accordance with Article 4, Section (B) (1).
(2) The 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:
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 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;
g. The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use; and
j. The relationship of the proposed use to the comprehensive plan or Unified
Development Code for that area.
Flood Damage Prevention Ord. No.
Exhibit "A"
Chapter 15.44
Page 12 of 19
(1) The Appeal Board as established by the community shall hear and render judgment
on requests for variances from the requirements of this Chapter. The Appeal Board for
the City of Georgetown is the Planning and Zoning Commission.
(2) 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.
(3) Any person or persons aggrieved by the decision of the Appeal Board for the City of
Georgetown, Texas may appeal such decision to the court 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
Chapter.
(6) Variances maybe issued for a 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
mcreases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this Chapter (Article 1, Section Q.
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) 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 character and design of the structure.
(10) Prerequisites for granting variances:
Flood Damage Prevention Ord. No. °
545
Exhibit "A„
Chapter 15.44
Page 13 of 19
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 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.
(11) 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 Article 4, Section D (1) - (9) are
met, and (ii) the structure or other development is protected by methods that minimize
flood damages the base flood and create no additional threats to public safety.
ARTICLE 5
In all special flood hazard areas 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;
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(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 flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and
(7) On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(8) Adequate drainage is provided to reduce exposure to flood hazards.
In all special flood hazard areas where base flood elevation data has been provided as
set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section
C(4), the following provisions are required;
(1) Residential Construction - new construction and substantial improvement of
any residential structure shall have the lowest floor (including basement), elevated at
least twelve inches (12") 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 at least twelve inches (12")
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
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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 the subsection. A record of such certification which includes the
specific elevation (in relation to mean sea level) to which such structures are flood
proofed 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 floodwater. 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 on separate walls 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 floodwater.
(4) Manufactured Homes -
a. All manufactured homes to be placed within Zone A, on the community's
FHBM or FIRM shall be installed using methods and practices which minimize flood
damage. For the purpose of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring
may include, but are not limited to, use of 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. All 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, must be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated
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as least twelve inches (12") above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
c. All manufactured homes to be placed or substantially improved on sites in
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:
(i) the lowest floor of the manufactured home is at least twelve inches
(12") above the base flood elevations, or
(ii) the manufactured home chassis in 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 — All recreational vehicles to be 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 Article 4, Section C-1, 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.
(1) All subdivision proposals including manufactured home parks and
subdivisions shall be consistent with Article 1, Section B, C, and D of this Chapter to
assure that such proposals minimize potential flood damage.
(2) All proposals for the development of subdivisions including manufactured
home parks and subdivisions shall meet Floodplain Development Permit requirements
of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this
Chapter.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development including manufactured home parks and subdivisions
which is greater than ten (10) lots or two (2) acres, whichever is lesser, if not otherwise
provided pursuant to Article 3, Section B or Article 4, Section B (8) of this Chapter.
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(4) All subdivision proposals including manufactured home parks
subdivisions shall have adequate drainage provided to reduce exposure to
hazards.
and
flood
(5) All subdivision proposals including manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH
ZONES)
Located within the special flood hazard areas established in Article 3, Section B, are
areas designated as shallow flooding. These areas have special flood hazards associated
with base flood depths of 1' to 3' feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and where velocity flow my be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions apply:
(1) All new construction and substantial improvements of residential structures
shall have the lowest floor (including basement) elevated above the highest adjacent
grade at least twelve inches (12") higher than the depth number specified in feet on the
community's FIRM or at least two feet (2') if no depth number is specified.
(2) All new construction and substantial improvements of nonresidential
structures must:
(i) have the lowest floor (including basement) elevated about the highest
adjacent grade at least twelve inches (12") higher than the depth number specified in
feet on the community's FIRM (at least two feet (2') if no depth number is specified), or:
(ii) together with attendant utility and sanitary facilities, be designed so
that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to
the Floodplain Administrator that the standards of this Section, as proposed in Article 4,
Section C are satisfied.
(4) Within Zones AH or AO, adequate drainage paths around structures on
slopes, to guide flood waters around and away from posed structures, are required.
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Floodways - are designated areas located within special flood hazard areas established
in Article 3, Section B. Since the floodway is an extremely hazardous area due to the
velocity of flood water which carries 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 Article 5, Section E (1)
substantial improvements shall comply
provisions of Article 5.
above
is
satisfied, all new
construction and
with
all
applicable flood
hazard reduction
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, the community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the community first completes all of the provisions required by Section
65.12 in 44 CFR of the NFIP FEMA regulations.
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