ORD 2011-12TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ARTICLE ONE ENTITLED "FLOOD DAMAGE
PREVENTION" OF CHAPTER FOUR ENTITLED "FLOOD DAMAGE
PREVENTION" OF THE CODE OF ORDINANCES OF THE TOWN AND
ADOPTING A NEW ARTICLE ONE ENTITLED "FLOOD DAMAGE
PREVENTION" OF CHAPTER ONE OF THE CODE OF ORDINANCES.
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS TO CHAPTER FOUR AS SET FORTH IN THE
ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
THAT ANY PERSON WHO VIOLATES ARTICLE I OF CHAPTER 4 OF
THE CODE OR ORDINANCES, SHALL BE GUILTY OF A CLASS C
MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00) AND THAT EACH DAY THE
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Legislature of the State of Texas has in the Flood Control
Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood losses.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"),
is authorized and empowered by law, in accordance with the National Flood Insurance
Program/Federal Emergency Management Association to regulate the development of
land and property development within the Town; and,
WHEREAS, due to changes in the Texas Water Code, revisions to the Town's
Flood Damage Prevention Ordinance have become necessary; and
WHEREAS, after consulting with the Town's Flood Plain Administrator, staff has
determined that the revisions as set forth below are necessary and appropriate to
comply with The Flood Control Insurance Act; and
WHEREAS, the Town Council hereby finds that the repeal of the existing Article
1 entitled "Flood Damage Prevention" of Chapter 4 of the Code of Ordinances of the
Town and the adoption of a new Article 1 entitled "Flood Damage Prevention" of
Chapter 4 of the Code of Ordinances of the Town as set forth below is in the best
interests of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article I entitled "Flood Damage Prevention" of Chapter 4 entitled "Flood Damage
Prevention" of the Code of Ordinances of the Town of Trophy Club is hereby repealed
and a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 of the Code of
Ordinances of the Town is hereby adopted and shall be and read in its entirety as
follows:
Section 1.01 Findings of Fact
A. The Flood Hazard Areas of Trophy Club are subject to periodic
inundation, which results in loss of life and property, health and safety
hazards, disruption of commerce and govemmental services, and
extraordinary public expenditures for Flood protection and relief, all of
which adversely affect the public health, safety and general welfare.
<,s.
B. These Flood losses are created by the cumUlative effect of obstructions
in Floodplains which cause an increase in Flood heights and velocities,
and by the occupancy of Flood Hazard Areas by uses vulnerable to
Floods and hazardous to other lands because they are inadequately
elevated, Flood-proofed or otherwise protected from Flood damage.
Section 1.02 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 future 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;
ORD 2011-12 Page 2 of25
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone, storm drainage and sanitary sewer lines,
streets and bridges located in a SFHA;
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
7. Insure that potential buyers are notified when a property is in a Flood
Area.
Section 1.03 Methods of Reducing Flood Losses
In order to accomplish its purposes, this Ordinance employs the following
methods, techniques, and/or provisions:
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 that serve
such uses, be protected against Flood damage at the time of initial
construction;
3. Control the alteration of natural Floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of
floodwaters;
4. Control filling, grading, dredging and other Development, which may
increase Flood damage;
5. Prevent or regulate the construction of Flood barriers which will
unnaturally divert floodwaters or which may increase Flood hazards to
other lands.
Section 1.04 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.
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized by
ORD 2011-12 Page 3 of25
high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
Apex: A point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
Appurtenant Structure: A structure which is on the same parcel of
property as the principal structure to be insured and the use of which is
incidental to the use of the principal structure
Area of Future Conditions Flood Hazard: The land area that would be
inundated by the 1-percent-annual chance (100 year) flood based on future
conditions hydrology.
Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO
zone on a Town's Flood Insurance Rate Map (FIRM) with a 1 percent or
greater annual chance of flooding to an average depth of 1 to 3 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: The land in the floodplain within a Town
subject to a 1 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, AO, AH, A1-
30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA, va, V1-30, VE
orV.
Base Flood: The Flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Base Flood Elevation (BFE): The elevation shown on the Flood Insurance
Rate Map (FIRM) and found in the accompanying Flood Insurance Study
(FIS) for Zones A, AE, AH, A1-A30, AR, V1-30, or VE that indicates the
water surface elevation resulting from the flood that has a one-percent (1%)
chance of equaling or exceeding that level in any given year -also called
the Base Flood.
Basement: Any area of the building having its floor subgrade (below ground
level) on all sides.
Breakaway Wall: A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
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under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
Critical Feature: 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: 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, 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.
Elevation Certificate: FEMA Form 81-31. An administrative tool of the
NFIP used to provide elevation information necessary to ensure Compliance
with Town Floodplain management Ordinances, to determine the proper
insurance premium rate, and to support a request for a Letter of Map
Amendment or Revision (LOMA or LOMR-F).
EXisting Construction: For the purpose of determining rates, Structures for
which the "Start of Construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing Construction" may also be referred to as "existing Structures."
EXisting Manufactured Home Park or Subdivision: 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 the
Town.
Expansion to an Existing Manufactured Home Park or Subdivision:
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).
Federal Emergency Management Agency (FEMA): The federal agency
responsible for the emergency evaluation and response to natural disasters
caused by earthquakes, hurricanes, Floods, tornadoes, snowstorms, hail,
forest fires, drought and weather-related phenomenon.
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Flood or Flooding: A general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters,
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
Flood Elevation Study or Flood Insurance Study: An examination,
evaluation and determination of Flood hazards and, if appropriate,
corresponding Water Surface Elevations, or an examination, evaluation and
determination of mudslide (Le. mudflow) and/or Flood-related erosion
hazards.
Flood Insurance Rate Map (FIRM): An official map of the Town, on which
the Federal Emergency Management Agency (FEMA) has delineated both
the Areas of Special Flood Hazards and the risk premium zones applicable
to the Town.
Floodplain Administrator: The Floodplain Administrator of the Town of
Trophy Club, or their designee.
Floodplain or Flood-Prone Area: Any land area susceptible to being
inundated by water from any source (see definition of Flooding).
Floodplain Management: 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: Zoning Ordinances, subdivision
regulations, building codes, health regulations, special purpose Ordinances
(such as a Floodplain Ordinance, grading Ordinance and erosion control
Ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide
standards for the purpose of Flood damage prevention and reduction.
Flood Protection System: 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 the Town 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.
ORD 2011-12 Page 6 of25
Flood Proofing: 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 or Regulatory Floodway: 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: A use that 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: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Historic Structure: 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 Natural Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district of
a district preliminarily determined by the Secretary to qualify as a
registered historic district.
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either;
a. By an approved state program as determined by the Secretary of the
Interior, or
b. Directly by the Secretary of the Interior in states without approved
programs.
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Levee: 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: 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.
LOMR -Letter of Map Revision: A letter from FEMA officially revising the
current FIRM to show changes to Floodplains, Floodways, or Flood
elevations.
Lowest Floor: The Lowest Floor of the lowest enclosed area (including
Basement). An unfinished or Flood resistant enclosure, usable solely for
parking or 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 60.03 of the
National Flood Insurance Program regulations.
Manufactured Home: 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: A parcel (or contiguous
parcels) of land divided into two or more Manufactured Home lots for rent or
sale.
Mean Sea Level (MSL): 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 the Town's Flood
Insurance Rate Map are referenced.
National Flood Insurance Program (NFIP): The program of Flood
insurance coverage and Floodplain Management administered under the
National Flood Insurance Act of 1968 and any amendments to it. and
applicable Federal regulations promulgated in Title 44 of the Code of
Federal Regulations, Subchapter B.
New Construction: For the purpose of determining insurance rates,
Structures for which the "Start of Construction" commenced on or after the
effective date of an initial FIRM or after December 31,1974, whichever is
later, and includes any subsequent improvements to such Structures. For
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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 the Town and
includes any subsequent improvements to such Structures.
New Manufactured Home Park or Subdivision: 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 the
Town.
Recreational Vehicle: A vehicle that is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest
horizontal projections;
3. Designed to be self-propelled or permanently towable by a light-duty
truck; and,
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Regulatory Floodway: See definition for Floodway. Riverine: Relating to,
formed by, or resembling a river (including tributaries), stream, brook, etc.
Special Flood Hazard Area (SFHA): see definition for Area of Special
Flood Hazard
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 one-
hundred eighty (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 filing; 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
ORD 2011-12 Page 9 of 25
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: For floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, than is principally above
ground, as well as a Manufactured Home.
Substantial Damage: Damage of any origin sustained by a Structure
whereby the costs of restoring the Structure to its before-damaged condition
would equal or exceed fifty percent (50%) of the market value of the
Structure before the damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or
other improvement of a Structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the Structure before "Start of
Construction" of the improvement. This includes Structures that 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. "
Town: The Town of Trophy Club, Texas.
Variance: A grant of relief by the Town from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the
National Flood Insurance Program regulations which are incorporated
herein by reference.)
Water Surface Elevation: The height, in relation to the National American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of Floods
of various magnitudes and frequencies in the Floodplains of coastal or
Riverine areas.
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Section 1.05 General Provisions
A. Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazard in the
jurisdiction of Trophy Club, Texas.
B. Basis For Establishing Areas of Special Flood Hazard
The Areas of Special Flood Hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report
entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and
Incorporated Areas," dated April 18, 2011, with Flood Insurance Rate Map
(FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted
by reference and declared to be a part of this Ordinance.
C. Development in Trophy Club Floodplain
Development in Trophy Club Floodplain shall meet applicable FEMA
regulations and all Town ordinances.
D. Compliance
No Structure or land shall hereafter be located, altered, or have its use
changed without full compliance with the terms of this Article and other
applicable laws, codes or regulations.
E. Abrogation and Greater Restrictions
This Article is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where a term or
provision of this Article and any other ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
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
law.
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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 damage. This Ordinance shall not create liability on the part of the
Town or any official or employee thereof for any Flood damages that result
from reliance on this Ordinance or any administrative decision lawfully made
thereunder.
H. Dumping and Obstructions Prohibited
The placement or dumping of any material (including but not limited to dirt,
rock, construction debris, rubbish, refuse, tree and brush cuttings, grass
clippings, or any other waste, material, or device which may obstruct or
impede flow) in a SFHA that regularly or periodically carries surface water is
prohibited.
Section 1.06 Administration
A. Designation of the Floodplain Administrator
The Town Manager or designee is hereby appointed as 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 floodplain management.
B. Duties and Responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the
provisions of this Ordinance.
2. Review proposed development applications to determine whether
proposed building sites, including the placement of Manufactured
Homes, will be reasonably safe from flooding.
3. Review, approve, or deny all applications for development required by
this Ordinance.
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4. Review 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.
a. When such interpretation results in a determination that an area is
NOT in a Special Flood Hazard Area, the issuance of a building
permit for any part of the area subsequent thereto shall be subject to
the applicant's agreement to indemnify, hold harmless, and defend
the Town of Trophy Club, the Town Engineer, and the Floodplain
Administrator for any adverse consequences resulting from or related
to such determination.
6. Notify in Riverine situations, adjacent communities, and the State
Coordinating Agencies, which are Texas Commission on Environmental
Quality (TCEQ), and 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 with the altered or relocated
portion of any watercourse is maintained or increased.
8. When Base Flood Elevation data has not been provided in accordance
with Section 1.06. 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 Section 1.08.
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 A1-30 and AE on the Town'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 (1') at any point within the Town.
10. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National
Flood Insurance Program regulations, the Town, in its sole discretion,
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may choose to exercise, or decline to exercise, its authority to approve
certain development in Zones A1-30, AE, AH, on the Town's FIRM which
increases the water surface elevation of the base flood by more than 1
foot, provided that the Town first completes all of the provisions required
by Section 65.12.
c. Permit Procedures
1. Application for a Floodplain Development Permit shall be presented to
the Floodplain Administrator on forms furnished by the Floodplain
Administrator and may include, but not be limited to, plans in duplicate
drawn to scale showing the exact 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 nonresidential
Structure shall be Floodproofed;
c. A Certificate from a registered professional engineer or architect that
the non-residential Floodproofed Structure shall meet the
Floodproofing criteria of Section 1.08, Subsection 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. Maintain a record of all such information in accordance with Section
1.07, Subsection B.1.
2. Approval or denial of a Floodplain 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 of 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 other persons or property;
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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, bridges,
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 floodwaters and 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.
D. Variance Procedures
1. The Building Board of Appeals, empowered under the 2003 Building
Code, and as appointed by the Town Council shall hear and render
judgment on requests for Variances from the requirements of this Article.
Upon consideration of the factors noted in this Section and the intent of
this Article, the Building Board of Appeals may attach such conditions to
the granting of Variances, as it deems necessary to further the purpose
and objectives of this Article.
2. The Building Board of Appeals, empowered under the 2003 Building
Code, and 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 Article provided that written notice of such Appeal
is filed with the Floodplain Administrator within ten (10) business days of
the date of the decision or a determination by the Floodplain
Administrator.
3. Any person or persons aggrieved by the decision of the Building Board
of Appeals may Appeal such decision in the courts of competent
jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions
involving an Appeal and shall report Variances to the Federal
Emergency Management Agency upon request.
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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 History 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 Section have been fully considered. As the lot size
increases beyond 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 Building Board of Appeals, empowered under the 2003
Building Code, may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this
Article (Section 1.03).
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
Structure and the Variance is the minimum necessary to preserve the
historic character and design of the Structure.
10. Prerequisites for granting Variances are as follows:
a. Variances may only be issued upon a determination that the
Variance is the minimum necessary, considering the Flood hazard, to
afford relief.
b. Variances may only be issued upon,
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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
Page 16 of 25
victimization of the public, or conflict with existing local laws or
Ordinances.
c. Any application to which 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 the Town for New Construction and Substantial
Improvements and for other Development necessary for the conduct
of a Functionally Dependent Use provided that:
a. The criteria outlined in Section 1.07, Subsection D (1) to (-9) are met,
and
b. The Structure or other Development is protected by methods that
minimize Flood damages during the Base Flood and create no
additional threats to public safety.
Section 1.07 Provisions for Flood Reduction
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 movements 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 designated to
minimize or eliminate infiltration of floodwaters into the system;
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6. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system and
discharge from the systems into floodwaters; and
7. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during Flooding.
8. All new critical facilities, such as emergency centers, hospitals, fire
stations, power stations, hazardous materials storage sites or other sites
determined by the Town are prohibited from the 500-year Floodplain.
B. Specific Standards
In all Areas of Special Flood Hazards where Base Flood Elevation data has
been provided as set forth in (i) Section 1.06, Subsection B, (ii) Section
1.07, Subsection B. 8, or (iii) Section 8, Subsection C. 3, 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 a minimum of two feet (2') or more above
the Base Flood Elevation. A registered professional engineer or land
surveyor shall submit a FEMA Floodplain elevation certification to the
Floodplain Administrator that the standard of this subsection, as
proposed in Section 1.07, Subsection 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 two feet (2') or more above the Base Flood level or together
with attendant utility and sanitary facilities, shall be designed so that
below this level (minimum two feet (2') above the Base Flood Elevation)
the Structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction,
and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this
subsection. A record of such certification, which includes the specific
elevation (in relation to Mean Sea Level) to which such Structures are
Floodproofed, shall be maintained by the Floodplain Administrator.
3. Enclosures: New Construction and Substantial Improvements, with fully
enclosed areas below the Lowest Floor that are usable solely for parking
of vehicles, building access or storage in any area other than a
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Basement and which are subject to Flooding shall be designed to
automatically equalize hydrostatic Flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two (2) openings on separate walls having a total net
area of not less than one (1) 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 (1 ')
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. Require that all Manufactured Homes to be placed within Zone A on
a Town's FHBM or FIRM shall be installed using methods and
practices that minimize Flood damage. For the purposes of this
requirement, Manufactured Homes must be elevated and anchored
to resist flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind
forces.
b. Require that Manufactured Homes that are placed or substantially
improved within Zones A1-30, AH, and AE on the Town's FIRM on
sites:
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i. Outside of a Manufactured Home park or subdivision,
ii. In a new Manufactured Home park or subdivision,
iii. In an expansion to an Existing Manufactured Home Park or
Subdivision, or
iv. In an Existing Manufactured Home Park or Subdivision on which
a Manufactured Home has incurred "Substantial Damage" as a
result of a Flood, be elevated on a permanent foundation such
that the Lowest Floor of the Manufactured Home is elevated to a
minimum of two feet (2') above the Base Flood Elevation and be
Page 19 of25
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 A1-30, AH and AE on the community's FIRM
that are not subject to the provisions of Subsection 4 of this Section
be elevated so that either:
i. The Lowest Floor of the Manufactured Home is a minimum of two
feet (2') at or above the Base Flood Elevation, or
ii. The Manufactured Home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that
are not less than thirty-six inches (36") in height above grade and
be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
5. Recreational Vehicles
a. Require that Recreational Vehicles placed on sites within Zones A1-
30, AH, and AE on the Town's FIRM either:
i. Be on the site for fewer than one-hundred eighty (180)
consecutive days or
ii. Be fully licensed and ready for highway use, or
iii. Meet the permit requirements of Section 1.07, Subsection C. 1,
and the elevation and anchoring requirements for "Manufactured
Homes" in Subsection 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.
6. Floodplain Compensation
a. Whenever any portion of a Floodplain is authorized for use, the
space occupied by the authorized fill or Structure below the Base
Flood Elevation shall be compensated for by a hydraulically
equivalent volume of excavation taken from below the Base Flood
Elevation. All such excavations shall be constructed to drain freely to
the watercourse.
7. Foundation Protection
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a. Engineered Fill-All new buildings constructed in Zone A, A1-30, AH
and AE on the Town's FIRM must be constructed on properly
designed and compacted fill.
C. Standards For Subdivision Proposals
1. All subdivision proposals including the placement of Manufactured Home
Parks and Subdivisions shall be consistent with Sections 2, 3, and 4 of
this Article.
2. All proposals for the Development of subdivisions including the
placement of Manufactured Home Parks and Subdivisions shall meet
Floodplain Development Permit requirements of Section 1.06,
Subsection C; Section 1.07, Subsection C; and the provisions of Section
1.08 of this Ordinance.
3. Base-Flood Elevation data shall be generated for subdivision proposals
and other proposed Development including the placement of
Manufactured Home parks and subdivisions which are greater than fifty
(50) lots or five (5) acres, whichever is lesser, if not otherwise provided
pursuant to 1.06, Subsection B or Section 1.07, Subsection B. 8. of this
Article.
4. Base-Flood Elevation data, with the establishment of a floodway, shall
be generated by a detailed engineering study for all Zone A areas, within
100 feet of the boundary lines of Zone A areas, and other streams not
mapped by FEMA, as indicated on the Town's FIRM.
5. All subdivision proposals including the placement of Manufactured Home
Parks and Subdivisions shall have adequate drainage provided to
reduce exposure to Flood hazards.
6. All subdivision proposals including the placement of Manufactured Home
Parks and Subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate Flood damage.
7. Compensatory Storage requirement (cut and fill) is required by
developers to compensate for the loss of conveyance (storage) caused
by filling in the Floodplain fringe by removing the hydraulically equivalent
amount of material in the Floodplain near the proposed Development.
This will help to maintain Flood storage and ensure that floodwaters will
not be displaced onto another property as the result of a Floodplain fill.
D. Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Section 1.06,
Subsection B, are areas designated as shallow flooding. These areas have
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special flood hazards associated with flood depths of 1 to 3 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; therefore, the following provisions
apply:
1. All new construction and SUbstantial improvements of residential
structures have the lowest floor (including basement) elevated to two (2)
feet above the base flood elevation or the highest adjacent grade at least
as high as the depth number specified in feet on the Town's FIRM (at
least 2 feet if no depth number is specified).
2. All new construction and substantial improvements of non-residential
structures;
(a) have the lowest floor (including basement) elevated to two (2) feet
above the base flood elevation or the highest adjacent grade at least
as high as the depth number specified in feet on the Town's FIRM (at
least 2 feet if no depth number is specified), or
(b) together with attendant utility and sanitary facilities be designed so
that below the base specified flood depth in an AO Zone, or below
the Base Flood Elevation in an AH Zone 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 Section 1.07, Subsection C are satisfied.
4. Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
E. Floodways
Floodways located within Areas of Special Flood Hazard established in
1.06, Subsection A, are areas designated as Floodways. Since the
Floodway is an extremely hazardous area due to the velocity of floodwaters,
which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
1. Encroachments are prohibited, including fill, New Construction,
Substantial Improvements and any other Development within the
adopted Regulatory Floodway unless it has been demonstrated through
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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 Town during the
occurrence of the base flood discharge.
2. If Section 1.08, Subsection E. 1. above is satisfied, all new construction
and sUbstantial improvements shall comply with all applicable flood
hazard reduction provisions of Section 1.08.
3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program Regulations, the Town of Trophy
Club may permit encroachments within the adopted regulatory floodway
that would result in an increase in base flood elevations, provided that
the Town of Trophy Club first completes all of the provisions required by
Section 65.12.
Section 1.08 Violations
A. No Structure, land, or Development shall hereafter be constructed,
located, extended, converted or altered without full Compliance with the
terms of this Article and other applicable regulations.
B. 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) and is presumed
to be in Violation until such time as that documentation is provided.
Section 3.
Penalty
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person-violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars
($200.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
Section 4.
Cumulative Repealer Clause
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at
the time this Ordinance shall take effect and that are inconsistent with this Ordinance
ORO 2011-12 Page 23 of 25
are hereby repealed to the extent that they are inconsistent with this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated
or has arisen under or pursuant to such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
Section 5.
Severability
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the Town Council hereby declares it would have passed
such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 6.
Savings
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to
any and all Violations of the provisions of any other Ordinance affecting Flood damage
prevention regulations which have secured at the time of the effective date of this
Ordinance; and, as to such accrued Violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such Ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
Section 7.
Publication
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
Section 8.
Engrossment and Enrollment
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
Section 9.
Effective Date
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 4th day of April, 2011.
EFFECTIVE DATE:
ATIEST:
/[hannrM /1datIA
Sbannon DePrateJ,Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
~t~da~
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2011-12
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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