HomeMy WebLinkAboutORD 870203 - National Flood InsuranceAN ORDINANCE PROVIDING FOR CONTINUED PARTICIPATIO.Pi
BY THE CITY OF GEORGETOWN, TEXAS IN THE NATIONAL
FLOOD INSURANCE PROGRAM BY ESTABLISHING MINIMUM
FLOOD PLAIN MANAGEMENT RULES AND REGULATIONS EST-
ABLISHED BY HUD AND AS AUTHORIZED BY ARTICLE
8280-13 OF VERNON'S ANNOTATED CIVIL STATUTES WHICH
PERMITS TEXAS HOME RULE CITIES TO ADOPT LAND USE
AND CONTROL MEASURES AND APPOINTING THE DIRECTOR,
DIVISION OF DEVELOPMENT AND PLANNING RESPONSIBLE
FOR ADMINISTRATION OF AND ENFORCEMENT OF THIS
ORDINANCE, PROVIDING FOR PROCEDURES FOR GRANTING
OF VARIANCES.
WHEREAS, certain areas of the City of Georgetown, Texas are subject to
periodic flooding from North Fork of the San Gabriel River, Middle Fork of
the San Gabriel River, South Fork of the San Gabriel River, West Fork of
Smith Branch, and Berry Creek causing serious damages to properties within
these areas; and
WHEREAS, relief is available in the form of flood insurance as.
authorized by the National Flood Insurance Act of 1968 as amended; and
WHEREAS, it is the intent of the City Council of the City of
Georgetown, Texas to comply with land use and management criteria
regulations as required in said act; and
WHEREAS, it is also the intent of the City Council of the City of
Georgetown, Texas to recognize and duly evaluate flood hazards in all
official actions relating to land use in the flood plain areas having
special flood hazards; and
WHEREAS, the Flood Plain Management Ordinance enacted by this body on
April 8, 1974, does not fully provide for enforcement of all HUD, Federal
Insurance Administration rules and regulations for administration of the
National Flood Insurance program adopted since April 1974; and
WHEREAS, to remain eligible for participation in the National Flood
Insurance program, the City of Georgetown must adopt the latest minimum HUD
Standards; and
WHEREAS, Article 8280-13 of Vernon's Annotated Civil Statutes has
authorized the City of Georgetown to adopt land use and control measures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS.
FLOOD DAMAGE PREVENTION ORDINANCE
OUTLINE
Cross
Ref .
NFIP
Pg. Regulations
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHODS . . . . . . . . . . . . . . . . . . 1
SECTION A Statutory Authorization
SECTION B Findings of Fact . . a. . 1
SECTION C Statement of Purpose 1
SECTION D Methods of Reducing Flood Losses 2
ARTICLE 2 DEFINITIONS . . . . . . . . . . . . . . . . . . 3 59.1
ARTICLE 3
A
GENERAL PROVISIONS . . . . . . . . . . . . . .
7
60.(d)
(1)
SECTION
SECTION
A
B
Lands to Which This Ordinance Applies. . . ,
Basis for Establishing the Areas of Special Flood
7
60,3(d)
SECTION
SECTION
SECTION
SECTION
SECTION
C
D
E
F
G
Hazard . . . . . . . . . . . . . . . . . . . .
Establishment of Development Permit . . . . .
Compliance . . . . . . . . . . . . . , . .
Abrogation and Greater Restrictions . .
Interpretation . . . a,. . . . . . . . . . ,
Warning and Disclaimer of Liability .
7
7
7
7
7
7
6093(d)
60.3(d)
(1)
(1)
Administrator . . . . . . . . . . . . . . . .
Permit Procedures . . . . , . . . . . . . .
Variance Procedures . . . . . . . . . . . . .
ARTICLE 4 ADMINISTRATION . . . . . . . . . . . . . . . , 9
SECTION
A
Designation of the Floodplain Administrator
9
60.3(d)
(1)
SECTION
B
Duties and Responsibilities of the Floodplain
SECTION
SECTION
C
D
Administrator . . . . . . . . . . . . . . . .
Permit Procedures . . . . , . . . . . . . .
Variance Procedures . . . . . . . . . . . . .
.
,
.
9
10
11
60.3(d)
60.3(d)
60.6(a)
(1)
(1)
ARTICLE 5
PROVISIONS FOR FLOOD -HAZARD REDUCTION . , . ,
,
13
SECTION
SECTION
SECTION
SECTION
A
B
1.
2.
3.
4.
C
D
General Standards . .
Specific Standards . .
Residential Construction .
Nonresidential Construction . . .
Enclosures . . . . . , . . . . . . , . . .
Manufactured Homes . . . .
Standards for Subdivision Proposals .
Standards for Areas of Shallow Flooding
.
,
.
.
13
13
13
14
14
14
15
60,3(d)
60.3(d)
60,3(d)
60.3(d)
60.3(d)
60.3(d)
60.3(d)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
SECTION
E
(AO/AH Zones) , . . . . .
Floodways . . . . . . , ,
.
.
15
16
60.3(d)
60.3(d)
(1)
(1.
ARTICLE 6
PENALTY PROVISIONS . . .
.
17
ARTICLE 7
CONFLICTING ORDINANCES . . .
.
18
CERTIFICATIONS . 9 0 0 . 0 0 0 .
0
19
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of "texas has in Article 5230-13 of Vernon's
Annotated Civil Statutes, delegated the responsibility to local
governmental units to adopt regulations designed to minimize flo 3 losses.
Therefore, the City Council of the City of Georgetown, Texas does ordain as
follows:
SECTION B. FINDINGS OF FACT
(1) 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.
(2) 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.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety
and general welfare and to minimize public and private losses due to flood
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 future
flood blight areas; and
1
(7) Insure that potential buyers are notified that property is in a
flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood heights
or velocities;
(2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural floodplains, stream channels,
and 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;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
2
ARTICLE Z
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted to give them the meaning they have in common usage and
to give this ordinance its most reasonable application.
APPEAL - means a request for a review of the Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for a
variance.
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
AO, AH,
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 ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AE, AH, AO, Al -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.
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.
ELEVATED BUILDING -
means
a nonbasement
buildi
a building in Zones
Al -30,
AE, A, A99,
AO, AH,
top of the elevated floor
or V. to
elevated
have bottom of the
or in
loves
floor elevated above
the case of a bu
orizontal s
ound level
built
in the case of
X, and D
ng in Zo
, to have the
VI -30, VE
icture member of the
means of pilings, columns
(posts and piers), or shear walls 'parallel to the floor 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, 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
3
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."
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 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
Emergency Management
surface elevation of
Map.
- is the official
Agency. The report
the base flood, as
report provided by the Federal
contains flood profiles, water
well as the Flood Boundary-Floodway
FLOODPLAIN ADMINISTRATOR —Director of the Division of Development and
Planning or his designated representative.
FLOODPLAIN OR 'FLOOD -PRONE AREA - means any
inundated by water from any source (see definit
FLOOD PROTECTION SYSTEM —means
funds have been authorized, app
constructed specifically to mod
land area susceptible to bein
those
fate
floo
`ect
sical s
and ex
of flooding).
tural works for which
pended and which h
rder to reduce the
to a
of the areas within a community subs "special flood hazard
extent of the depths of associated flooding. Such a system ty
includes hurricane tidal barriers, dams, reservoirs, levees or
These specialized flood modifying works are those constructed
conformance with sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river
watercourse and the adjacent land areas that must be reserved
discharge the base flood without cumulatively increasing the
elevation more than a designated height.
ive been
extent
° and the
ically
dikes.
in
or other
in order to
water surface
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 loa
building and ship rep
or related manufactur
ng and unloading of cargo or passengers
r facilities, but does not include long
facilities.
4
and ship
term stor
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
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
temporary flooding.
>rovide protection from
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'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 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. For flood plain management purposes the term "manufactured
home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes the term "manufactured home" does not include ,park
trailers, travel trailers, and other similar vehicles.
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 flood plain management purposes, structures
for which the "start of construction" commenced on or after the effective
date of a flood plain management regulation adopted by a community.
PROFESSIONAL
licensed/registered to
ENGINEER OR ARCHITECT - An Engineer or Architect
active in the State of Texas.
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,
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,
W
footings,
it include
piers or foundations
the installation on
or the erection
the property of
of temporary forms;
accessory buildings,
nor does
such as
garages or
sheds not occupied
as dwelling units
or not part
of the
main
structure.
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 IMPROVEMENT - means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50% of the market value
of the structure either, (1) before the improvement or repair is started,
or (2) if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition "substantial
improvement" is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either (1) any project for improvement
of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic Places.
VARIANCE - is a grant of relief to a person from the requirements of this
ordinance when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this ordinance. (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 flood plain management regulations. A
structure or other development without the elevation certificate, tither
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
rovided.
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.
m
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special
jurisdiction of the City of Georgetown, Texas.
flood hazard within the
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency on its Flood Hazard Boundary Map, Community -Panels No.
481079 0005 A and 481079 0010 A dated November 1, 1977, and the FHBM No. H
48 491 2620 dated March 8, 1974, and revisions thereto are hereby adopted
by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
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.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be; (1) considered as minimum requirements; (2) liberally construed
in favor of the governing body; and (3) deemed neither to limit nor repeal
any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and 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
7
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.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director, 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 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 ordinance.
(2) Review permit application to determine whether proposed building
site 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 fi ld
conditions) the Floodplain Administrator shall make the necessary
interpretation.
(b) Notify, in riverine situations, adjacent communities and the
State Coordinating Agency which is 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.
(8) When base flood elevation data has not been provided in
accordance with Article 3, Section B, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation data and
floodway data available from a Federal, State or other source, in order to
administer the provisions of Article 5.
W
(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
at any point within the community.
SECTION C. PERMIT PROCEDURES
of the base flood more than one foot
(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, 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 nonresi-
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 B(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
Floodplain Administrator
such information must be maintained b
the
in accordance with Article 4, Section (B)(1).
(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 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;
Lff
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;
j. The relationship of the proposed use to the comprehensive plan for
that area,
SECTION D. VARIANCE PROCEDURES
(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
may appeal such decision in the courts of competant jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this ordinance.
(6) 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).
j 11
(8) Variances shall not be issued
increase in flood levels during the
within
any
designated
floodway if any
base
flood
discharge
would result.
(9) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances.
C. Any 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.
(10) 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
Other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
12
or
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. 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 flood waters into the system;
(b) 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.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has
been provided as set forth in (i) Article 3, Section B, (ii) 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 eighteen inches (18") 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.
13
(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 eighteen inches (18") above the base flood level or, together with
attendent 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 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 Homes -
a. All
installed using
actured homes to be
thods and
se of this requirement
laced within Zone A, shall be
actices which minimize flood dam
.anufactured homes must be elevat
e. For the
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 shall be in compliance with Article 5,
Section B (i).
c. All manufactured homes to be placed or substantially improved
within Zones Ai -30, AH and AE on the Community's FIRM be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
at least eighteen inches above the base flood elevation, and be securely
anchored to an adequately anchored foundation system in accordance with the
provisions of Section B(4) of this Article.
14
In unnumbered A Zones (flood hazard areas without base flood elevations
where it is required that the best available data be used), one of the
following methods of determining the base flood elevation will be used.
(1)
zone. The
Determine an elevation from the near
lowest floor of the structure in
a minimum of eighteen inches
t bench mark within a C
unnumbered A Zone shall be
above such elevation, or
(2) The base flood elevation shall be established through an
engineering study. The lowest floor elevation will be a minimum of
eighteen inches (18") above this base flood elevation.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(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
provisions or
of Article
Article 5
3,
of
Section Co, Article
this ordinance.
4, Section C; and the
(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.
(5) All subdivision proposals including manufactured home
subdivisions shall have public utilities and facilities such as
electrical and water systems located and constructed to minimize
eliminate flood damage.
arkR And
sewer, gas,
or
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article 3
Section B, are areas designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of 1 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 characterized by ponding or sheet flow; therefore, the
following provisions apply;
15
(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 FIRM (at least two
feet if no
depth
number
is
specified.
(2) All new construction and substantial improvements of
nonresidential structures;
(i) have the lowest floor (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 (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 slopes, to guide flood waters around and away from posed
structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in
Article 3, Section B, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles and erosion potential, the
following provisions shall apply;
(1) Encroachments
substantial improvements
are prohibited, including fill,
new construction,
and other development unless
certification by a
professional registered
engineer or
architect is provided demonstrating
that encroachments shall
not result
in any increase in
flood levels within
the community during the
occurrence
of the base flood
discharge.
EXCEPTION: The placement of any manufactured housing (mobile homes) within
the areas which have been identified as regulatory floodways are
prohibited.
(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.
16
ARTICLE b
PENALTY PROVISIONS
Any person, firm, or corporation violating this ordinance or any portion
thereof shall upon conviction be guilty of a misdemeanor and shall be fined
not less than $50.00 nor more than $1,
0.00 and each day such violation
continues shall be considered a separate offense and punishable
accordingly.
Any building, structure, land fill or other means of restriction that have
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.
17
ARTICLE 7
CONFLICTING ORDINANCES
All ordinances or parts of ordinances conflicting with any of the
provisions of this ordinance are hereby repealed.
CERTIFICATION
It is hereby found and declared by the City of Georgetown that severe
flooding has occurred in the past
within
its jurisdiction and will
certainly occur within the future;
that
flooding is likely to result in
infliction of serious personal injury
or
death, and is likely to result i
substantial injury or destruction
of property
within its jurisdiction; in
order to effectively comply with minimum
standards for coverage under the
National Flood Insurance Program;
and in
order to effectively remedy the
situation described herein, it is
necessary that this ordinance become
effective immpdinto17
a
Therefore, an emerg..e�ncy is hereby declared to exist, and this ordinance,
being necessary for the immediate preservation of the public peace, health
and safety, shall be in full force and effect from and after its passage
and approval.
READ, PASSED AND APPROVED by the City Council
an emergency at a meeting held on the ` c
ATTEST:
r�
E;
1
Pat Caballero, City Secretary
on first and final reading as
day of 19870
JIM COLBERT, MAYOR
Approved as to legality in accordance with section 2.10 of the City of
Georgetown Charter as ammended.
City Attorney ;r
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
I, , being the current City Secretary of the City
of Georgetown do hereby certify that the attached ordinance of the City
Council of the City of Georgetown is a true and correct copy of such
ordinance adopted at a council meeting open to the public and notice of
said meeting, giving the date, place, and subject thereof, having been
posted as prescribed by Article 6252-17, Section 3A, VATCS.
VATCS.
Dated this day of 1987
(City Seal)
City Secretary
19