ORD 1997-05TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 97-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ADOPTING RULES, REGULATIONS AND
STANDARDS REGARDING FLOOD DAMAGE
PREVENTION WITHIN THE TOWN; REPEALING
ORDINANCE NO.91-02A OF THE TOWN RELATING TO
FLOOD DAMAGE PREVENTION; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. Adoption. Attached hereto as Exhibit A are certain standards, rules and
regulations relating to flood damage prevention within the Town of Trophy Club, Texas.
Exhibit A is hereby incorporated into and made a part of this Ordinance as if copied herein in
its entirety.
Section 2. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting flood damage prevention and protection and shall not repeal any of the provisions
of those ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No.
91-0 2 A of the Town is hereby repealed, but provided that any complaint, action, cause of action,
claim, or proceeding which prior to the effective date of this Ordinance has been initiated or has
arisen under or pursuant to Ordinance No. 9 t - 0 9 A shall continue to be governed by the
provisions of that Ordinance and for that purpose Ordinance No. 91-02 shall be deemed to
remain and shall continue in full force and effect.
Section 3. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
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 that it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 4. Effective date. This Ordinance shall become effective from and after its
date of passage as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 18th day of march , 1997.
DOC #: 468209
ATTEST:
I
t ,
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town 5mmey,
Town of Trophy Club, Texas
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EXHIBIT A TO ORDINANCE NO. 97-05
FLOOD DAMAGE PREVENTION
Art. I. Statutory Authorization, Findings of Fact, Purpose and Methods
Art. H. Definitions
Art. III. General Provisions
Art. IV. Administration
Art. V. Provisions for Flood Hazard Reduction
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
Section A. Statutory Authorization
The Legislature of the State of Texas has in V.T.C.S. Water Code 16.315-16.318
delegated the responsibility of local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the Town Council of the Town of Trophy Club, Texas, does ordain
as follows:
Section B. Findings of Fact
(1) The flood hazard areas of the Town of Trophy Club 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;
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(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
(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.
ARTICLE H
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 t give this ordinance its
most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high -velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING - means a designated AC, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent change or greater annual
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chance of flooding to an average depth of one to three feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking
has been completed in preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AE, AH, AO, Al -00, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded
in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground level)
on all sides.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by th entire system would be compromised.
DEVELOPMENT - means any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in
Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or
in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the 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, and
D, "elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed by means
of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the
National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purpose of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMS effective before that date. 'Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARD OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
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completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARD OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the areas within a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
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FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading an unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term storage
or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the Natural Register;
(b) 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;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either;
(1) By an approved state program as determined by the Secretary of the
Interior or;
(2) Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert the flow
of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building's lowest floor;
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provided that such enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED HOME PARD OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date of an initial FIRM
or after December 31, 1974, whichever is later, and includes any subsequent improvements to
such structures. For floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use
as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348). Includes substantial improvement
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings, piers or foundations or
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the erection of temporary forms; nor does nit include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before "start of construction" of the improvement. This includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include either: (1) Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary conditions or (2) Any alteration of a "historic structure", provided that the alteration
will not preclude the structure's continued designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement 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 floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (3)(4), or (e)(5) is presumed to be in violation until
such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE III
GENERAL PROVISIONS
Section A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the
Town of Trophy Club.
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Section B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Denton
County, Texas and Incorporated Areas," dated April 2, 1997, with accompanying Flood
Insurance Rate Maps and Flood Boundary Floodway Maps (FIRM and FBFM) and any 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 ordinance,
easement, covenant, or deed restriction 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 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.
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ARTICLE IV
ADMINISTRATION
Section A. DESIGNATION OF THE FLOODPLAIN_ ADMINISTRATOR
The Building Official 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 floodplain 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, including
the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental agencies (including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from
which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Floodplain Administrator shall make the
necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is Texas Natural Resource Conservation Commission, prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
(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 III, 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 V.
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(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones Al -30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones Al -30,
AE, All, on the community's FIRM which increases the water surface elevation of the base
flood by more than one foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
Section C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the placement of manufactured homes,
and the location of the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
C. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofmg criteria of Article V,
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. Maintain a record of all such information in accordance with Article IV,
Section (13)(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;
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others; C. The danger that materials may be swept onto other lands to the injury of
d. The compatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f. The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable, expected at the site;
It. 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 judgment
on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the by the decision of the Appeal Board 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.
(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
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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 I, Section Q.
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon, (i) showing a good and sufficient
cause; (ii) a determination that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
C. Any application to whom a variance is granted shall be given written notice
that the structure will be permitted t be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article IV, Section D(1)-(9) are met, and (ii) 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.
ARTICLE V
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.
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(1) All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into flood
waters; and,
(7) 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 III, Section B, (ii) Article IV, Section B(8), or (iii) Article V, Section
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 to or 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 IV, Section C(1)a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or together with attendant utility
and sanitary facilities, be designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice as outlined in this subsection.
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A record of such certification which includes the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed with Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement
is in addition to applicable State and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially improved
within Zones Al -30, AH, and AE n the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home has incurred "substantial
damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
C. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on
the community's FIRM that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i) the lowest floor of the manufactured home is at or above the base
flood elevation, or
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(ii) the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones Al -30, AH, and AE on the community's FIRM either (i) be on the site for fewer than
180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit
requirements of Article IV, Section C(1), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
Section C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be consistent with Article I, Sections B, C, and D of this ordinance.
(3) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit requirements of
Article III, Section C; Article IV, Section C; and the provisions of Article V 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 is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant
to Article III, Section B or Article IV, Section B(8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) 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.
Section D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AE ZONES)
Located within the areas of special flood hazard established in Article III, Section B. are
areas designated as shallow flooding. These areas have special flood hazards associated with
the 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:
(1) All new construction and substantial improvements of residential structures have
the lowest floor (including basement) elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's FIRM (at least two feet if no depth
number is specified).
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(2) All new construction and substantial improvements of non-residential structures;
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as 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 IV,
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 proposed structures.
Section E. FLOODWAYS
Floodways located within areas of special flood hazard established in Article III, Section
B, are areas designated as floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base flood discharge.
(2) If Article V, Section E(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article V.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided that the community
first applies for a conditional FIRM and floodway revision through FEMA.
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