HomeMy WebLinkAboutORD 91-29 - Flood Damage Prevention Regulations!' i
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WHEREAS, the Legislature of the State of Texas has in Article 8280-13 of Vernon 's
Annotated Civil Statutes, 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, 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; and
WHEREAS, it is the purpose of this ordinance to promote the public health, safety
and general welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1) 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; and
Flood Damage Prevention Ordinance 1
WHEREAS, the City Council has found that this action implements the following
Growth and Physical Development Policies of the Century Plan - Policy Plan Element:
1. Policy 1, which states 'The City will ensure that future land use patterns
provide economic, cultural, and social activities to all residents, businesses and
organizations ' ; and
2. Policy 5, which states 'The City will develop a system to aid in the creation
of environmentally suitable development projects '°; and
WHEREAS, the City Council has found that this action is not inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the
Administrative Chapter of the Policy Plan;
NOW, O• ORDAINED t OF THE CITY
41F GEORGETOWN,
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.
SECTION 2
Chapter 15.44, Flood Damage Prevention, of the Code of Ordinances of the City of
Georgetown is hereby repealed; Ordinance #870203, adopted May 26, 1987 to amend the
City's floodplain management regulations, 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.
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.
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 htis ordinance are hereby declared to be
severable.
Flood Damage Prevention Ordinance 2
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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 acordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the r2lih day of 1991 a
PASSED AND APPROVED on Second Reading on the
ATTEST:
Elizabeth Gray
City Secretary
h
APPROVED AS TO FORM:
�w
e
Marianne Landers Banks
City Attorney
Flood Damage Prevention Ordinance 3
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FLOOD DAMAGE PREVENTION
ARTICLE1 .................................................001.4. 2
METHODS OF REDUCING FLOOD LOSSES 2
ARTICLE 2 ....................................................... 3
DEFINITIONS .............490...........................0 3
ARTICLE3............................................oleo....... 9
GENERAL PROVISIONS ...................................... 9
SECTION A. LANDS TO WHICH THIS ORDINANCE
APPLIES .................9096............. 9
SECTION Be BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD 9
SECTION C. ESTABLISHMENT OF DEVELOPMENT
PERMIT ......................... 9
SECTION D. COMPLIANCE o a 0 a I a 0 9 f 0 1 1 1 0 0 a e 6 1 0 9
SECTION E. PENALTY FOR VIOLATION 9
SECTION F. ABROGATION AND GREATER RESTRICTIONS 9
SECTION G. INTERPRETATION 10
SECTION H. WARNING AND DISCLAIMER OF LIABILITY 10
ARTICLE 4 ...............................................1.110..
ADMINISTRATION
SECTION
A.
.. logo,
DESIGNATION OF THE FLOODPLAIN
11
11
ADMINISTRATOR
SECTION Be DUTIES & RESPONSIBILITIES OF THE
11
FLOODPLAIN ADMINISTRATOR
SECTION C. PERMIT PROCEDURES ...................
SECTION D. VARIANCE PROCEDURES ................
11
12
13
ARTICLE 5
16
PROVISIONS FOR
FLOOD HAZARD REDUCTION
16
SECTION
A.
GENERAL STANDARDS
16
SECTION
Be
SPECIFIC STANDARDS
16
SECTION
C.
STANDARDS FOR SUBDIVISION PROPOSALS
18
SECTION
D.
STANDARDS FOR AREAS OF SHALLOW
FLOODING (AO/AH ZONES) 19
SECTION E. FLOODWAYS off19
Flood Damage Prevention Ordinance 1
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 Ordinance 2
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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.
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 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 rate-
making has been completed in preparation for publication of the FIRM, Zone A usually is
refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being equalled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on all sides.
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.
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 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 floor of the
Flood Damage Prevention Ordinance
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, 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 flood waters. In the case of Zones V1-30, E, 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
meet the standards of Section 60.3(e) (5) of the National Flood Insurance Program
regulations.
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
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; or
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
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 ADMINISTRATOR - Director of the Division of Development and
Planning or his designated representative.
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FLOODPLAIN OR ••1 ''• r area susceptibleto •- `p
inundated by - from r - including,but r • to "flooding as defined
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive •r reducing flood damage, • not -r 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 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 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.
HISTORIC STRUCTURE - means any structure that is:
(a) 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;
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(b) 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;
(c) 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
(d) Individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the
Interior; or
(2) 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, usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not considered a
building 'slowest 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 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 permanent
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 rate, structures
Flood Damage Prevention Ordinance 6
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 PARD 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 wring 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 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.
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 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 ♦ • - means 1.: • age of any origin sustained by • structure whereby
Ulood Damage Prevention Ordinance 7
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 structure. "
VARIANCE - is a grant of relief to a person from the requirements of this ordinance when
specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this ordinance. (For full
requirements see Section 60.6 of the National Flood Insurance Program regulations).
VIOLATI®N - 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.
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• • •
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the
City of Georgetown, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOT
VAZARD
The areas of r- ••• hazard identified by the Federal EmergencyAgency
cn a scientificand engineering -••entitled, - Flood Insurance Study fort
County, Texas and Incorporated Areas ", dated September 28, 1990, with accompanying
Flood Insurance Rate Maps and Flood • r. ••r • andFBFM) and
.2ny revisions thereto are hereby adopted by reference and declared to be a part of this
r
A Development Permit shall be required to ensure conformance with the provisions of this
ordinance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this ordinance and other applicable regulations.
Any building, structure, land fill or other means of restriction that has been illegally located
within the flood plain shall be removed at owners 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 fines outlined above. 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 ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance conflicts or overlaps with
another legal issue or right, whichever imposes the more stringent restrictions shall prevail.
Flood Damage - - • Ordinance 9
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.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and 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 community or any
official or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
in
Flood Damage Prevention 10
The Director of the Division of Development and Planning is hereby appointed the
Floodplain Administrator to administer and implement the provisions of this ordinance and
other appropriate sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to flood plain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAII
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 ordinance.
(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 ordinance.
(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 currently the Texas Water Commission, prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
DamageFlood
(8) When base flood elevation data has not been provided in accordance with
Article 3, Section ; the Floodplain• • obtain, - and reasonably
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 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, AIS, 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.
(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, 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:
a. Elevation (in relation to mean sea level), of the lowest floor (including basement)
of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any non-resi dential 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 E(2);
d. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
e. A record of all such information must be maintained by the Floodplain Administrator
in accordance with Article 4, Section (13)(1).
Flood Damage Prevention Ordinance
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors:
a. The danger to life and property due to flooding or • •' 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;
L The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that area.
(1) The Appeal Board as established by the community shall hear and render judgement
on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgement on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board for Williamson
County, 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.
tt1 Damage Prevention Ordinance 13
(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) 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
Appeal Board 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).
(S) 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 structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) 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 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
Flood Damage Prevention Ordinance 14
damages during the base flood and create no additional threats to public safety.
Flood Damage Prevention Ordinance 15
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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 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) ®n -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section
C(4), the following provisions are required:
(1) Residential Construction - new construction and 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,
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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 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 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 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 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. 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
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if 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 at 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. 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 (b) 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 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 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, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions including manufactured home
parks and subdivisions shall meet Development Permit requirements of Article 3, Section
C; Article 4, Section C; and the provisions or Article 5 of this ordinance.
(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 10 lots or 2 acres, whichever is lesser, if not otherwise provided pursuant to Article 3,
Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including manufactured home parks and subdivisions shall
have adequate drainage provided to reduce exposure to flood hazards.
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(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.
ZONES)SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH
Located - areas of • established in Article 3, Sectionc
areas designated as shallowflooding.- areas have special flood hazards associated with
characterizedbase flood depths of I to 3 feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and where velocity flow may be evident. Such flooding
is by pondingorsheet therefore, _ following provisions apply;
(1) All new construction and substantial improvements of residential structures 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
FI (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 (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 FI (at least two feet 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 (1)a., are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on
clopes, to guide flood waters around and away fromposed structures,
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 potential,
the following provisions shall apply;
(1) Encroachments are prohibited, including fill, new construction, substantial
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improvements and other development within the adopted regulatory floodway unless it has
been demonstrated through hydrologic and hydraulic analyses performed by a registered
professional engineer 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 base flood
(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) 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 applies for a conditional FIRM and floodway revision through FEMA.
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