ORD 2005-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ORDINANCES NO. 1987-06 AND NO. 1997-05 RELATING
TO FLOOD DAMAGE PREVENTION AND ADOPTING NEW RULES,
REGULATIONS AND STANDARDS REGARDING FLOOD DAMAGE
PREVENTION WITHIN THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PRESCRIBING CRITERIA FOR
FINDINGS OF FACT; PRESCRIBING CRITERIA FOR STATEMENT OF
PURPOSE; PRESCRIBING CRITERIA FOR METHODS OF REDUCING
FLOOD LOSSES; PRESCRIBING CRITERIA FOR APPLICABILITY;
ESTABLISHING DEFINITIONS; PRESCRIBING CRITERIA FOR
GENERAL PROVISIONS; PROVIDING CRITERIA FOR THE
ADMINISTRATION OF THE FLOODPLAIN ADMINISTRATOR AND
PERMIT REQUIREMENTS; ESTABLISHING PROVISIONS FOR
FLOOD REDUCTION; ; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipal corporation and the
Town Council is empowered under § 16.311-16.318 of the TEX. LOC. GOVT ANN. (Vernon
2004) and the laws of the State of Texas to adopt regulations designed to minimize flood losses;
and,
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, on March 23, 1987, the Town Council of the Town of Trophy Club, Texas,
approved Ordinance No. 87-06, adopting regulations relating to Flood hazard prevention; and,
WHEREAS, on March 18, 1997, the Town Council of the Town of Trophy Club, Texas,
approved Ordinance No. 1997-05, adopting new provisions relating to Flood damage and
prevention; and,
WHEREAS, since the passage of Ordinance Nos. 1987-06 and 1997-05, the Town has
evaluated the regulations regarding Flood damage and prevention; and,
WHEREAS, the Town Council hereby finds that the repeal of Ordinance Nos. 1987-06
and 1997-05 and the adoption of this Ordinance 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
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
FINDINGS OF FACT
1. The Special Flood Hazard Areas of the Town of Trophy Club are subject to
periodic inundation which may result in loss of life and property, health and
safety hazards, in disruption of commerce and governmental services, and in
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 Special Flood Hazard Areas by uses vulnerable to Floods and are
hazardous to other lands because they are inadequately elevated, Floodproofed or
otherwise protected from Flood damage.
SECTION 3.
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;
4. Minimize prolonged business interruptions;
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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 Special Flood
Hazard Area.
SECTION 4
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.
6. Conserve in perpetuity the waterways where the 100 -year Floodplain and BFEs
have been designated, throughout the Town, as a natural protection against the
hazards and losses connected with Flooding.
SECTION 5
APPLICABILITY
This Ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction
and control of the Town of Trophy Club.
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SECTION 6
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted to give them the meaning they have in common usage and to give this Ordinance its
most reasonable application.
Appeal: A request for a review of the Floodplain Administrator's interpretation of any provision
of this Ordinance or a request for a Variance.
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 for which there is a one -percent (1%) chance in any
given year that Flood levels will equal or exceed it. The BFE is determined by statistical
analysis for each local area and designated on the Flood Insurance Rate Maps. It is also known
as the 100 -year Flood elevation.
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 under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
CLOMR — Conditional Letter of Map Revision: A letter from FEMA commenting on whether
a proposed project, if built as proposed, would meet FEMA minimum standards and which could
result in a Federal Insurance Rate Map (FIRM) Letter of Map Revision (LOMR).
Compliance: No Structure or land shall hereafter be located, altered, or have its use changed
without achieving full compliance with the terms of this Ordinance and other applicable
regulations.
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: A nonbasement building that is:
Built, in the case of a building in Zones Al -30, AE, A, A00, 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), foundation walls or shear walls parallel to the floor of the water;
and,
2. 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.
Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide
elevation information necessary to ensure Compliance with community 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 a community.
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.
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.
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Flood Elevation Study: An examination, evaluation and determination of Flood hazards and, if
appropriate, corresponding Water Surface Elevations, or an examination, evaluation and
- determination of mudslide (i.e. mudflow) and/or Flood -related erosion hazards.
Flood Hazard Boundary Map (FHBM): An official map of a community, issued by FEMA,
where the areas within the boundaries of special Flood hazards have been designated as Zone A.
Flood Insurance Rate Map (FIRM): An official map of a community, 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 community.
Flood Insurance Study: The official report provided by the Federal Emergency Management
Agency (FEMA). The report contains Flood profiles, Water Surface Elevation of the Base
Flood, as well as the Flood Hazard Boundary — Floodway Map.
Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their
designee.
Floodplain Development Permit: A permit for property located in an SFHA issued by the
Floodplain Administrator that is required to ensure conformance with the provisions of this
Ordinance.
Floodplain or Flood -Prone Area: Any land area susceptible to being inur_dated 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.
Floodproof: 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.
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 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, Levee s or dikes. These specialized Flood -
modifying works are those constructed in conformance with sound engineering standards.
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Floodway (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.
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.
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.
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 of vehicles, building access or
storage in an area other than a Basement area is not considered a building's Lowest Floor;
provided that such enclosure is not built so as to render the Structure in Violation of the
applicable non -elevation design requirement of Section 60.03 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."
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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 a community'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 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.
Permanent Construction: To include, but is not limited to, the pouring of slab or footing, the
installation of piles, the construction of columns, any work beyond the state of excavation or
filling; or the placement of a Manufactured Home on a foundation. Permanent Construction
does not include land preparation, such as clearing, grading, and filling; the installation of streets
and /or walkways; and excavation for Basement, footings, piers or foundations or the erection of
temporary forms.
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 Flood: The Flood having a one -percent (1%) chance of being equaled or exceeded
in any given year (100 -year Flood) as determined from an analysis of Floods on a particular
stream and other streams in the same general region. The upstream watershed shall be assumed
to be fully urbanized in accordance with the current land use plan adopted by the Town. For the
portions of the upstream watershed outside the Town, reasonable assumptions relating to
urbanization shall be made by the Floodplain Administrator.
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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.
Riverine: The condition of a body of water; relating to, formed by, or resembling a river, stream
brook, etc., which is channelized and flowing either in a natural or improved condition.
Special Flood Hazard Area (SFHA): The land in the Floodplain within a community subject to
a one percent (1%)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.
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 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: 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,
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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 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: 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)(3), (c)(10), (d)(3), (e)(2), (3)(4), or (e)(5) of the National Flood
Insurance Program Regulations, and is presumed to be in Violation until such time as that
documentation is provided.
Water Surface Elevation: 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.
SECTION 7.
GENERAL PROVISIONS
A. 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 December 6, 2002,
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. The latest FIRM Panels, including:
48121C0515F dated 03/30/98; 48121C0655E dated 04/02/97; 48121C0520E dated
04/02/97; 48121C0660E dated 04/02/97; and 48121CINDOA dated12/06/02.
B. Establishment of Floodplain Development Permit
A. A Floodplain Development Permit shall be required for all Development taking
place within the area of the 100 -year Floodplain (Special Flood Hazard Areas) as
shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway
Maps, published by the Federal Emergency Management Agency (FEMA).
These maps are available for public inspection in the Community Development
Department.
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B. Any permit issued in accordance with this Ordinance shall automatically expire
after the expiration of two (2) years from the date of the permit unless
Development is completed or the Town Council reinstates such permit after
permit applicant's written request prior to the conclusion of the two-year period.
C. Compliance
No Structure or land shall hereatter be located, altered. or have its use changed without
full Compliance with the terms of this Ordinance and other applicable laws. codes or regulations.
D. Abrogation and Greater Restrictions
This Ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where in this Ordinance an easement, covenant, or
deed restriction conflict or overlap. whichever imposes the more stringent restrictions shall
prevail.
E. 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.
F. 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.
G. 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.
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SECTION S.
ADMINISTRATION
A. Designation of the Floodplain Administrator
The Community Development Director or her 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. Records will be held on file in the Town Offices at
100 Municipal Drive, Trophy Club, Texas 76262.
2. Review permit 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 permit required by 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.
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
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watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
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 7, subsection A, the Floodplain Administrator shall obtain, review and
reasonably utilize Base Flood Elevation data and Flood elevation data which shall
be provided in the form of a Hydrologic and Hydraulic Flood Elevation Study
from the developer and/or property owner. The study shall be performed and
sealed by a Registered Professional Engineer.
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 (1') at any point within the community. If the
provisions of this paragraph are exceeded, all of the requirements of NFIP
Regulation Section 65.12 must be accomplished prior to the commencement of
Development.
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 FEMA Elevation Certificate from a registered professional engineer or
surveyor that the non-residential Floodproofed Structure shall meet the
Floodproofing criteria of Section 9, 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;
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C. Maintain a record of all such information in accordance with Section 8,
B.1.
f. Neighboring communities that are known to be affected by proposed
Development in a watercourse that are in a Special Flood Hazard Area
shall be notified of any proposed alterations prior to construction.
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;
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;
j. The relationship of the proposed use to the comprehensive plan for that
area.
k. No more than one (1) building shall be constructed per acre of Floodplain.
1. The cumulative effects of Development and the associated loss of storm
water storage and/or detention.
D. Variance Procedures
1. The Building Appeals Board as appointed by the Town Council shall hear and
render judgment on requests for Variances from the requirements of this
Ordinance. Upon consideration of the factors noted in this Section and the intent
of this Ordinance, the Building Appeals Board may attach such conditions to the
granting of Variances, as it deems necessary to further the purpose and objectives
of this Ordinance (Section 5).
2. The Building Appeals Board shall hear and render judgment on an Appeal only
when it is alleged there is an error in any requirement, decision, or determination
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made by the Floodplain Administrator in the enforcement or administration of this
Ordinance 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 Appeals 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 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. Variances shall not be issued within any designated Floodway if any increase in
Flood levels during the Base Flood discharge would result.
8. 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.
9. 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,
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
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victimization of the public, or conflict with existing local laws or
Ordinances.
C. The granting of a Variance by the Building Appeals Board is contingent
upon meeting all requirements of NFIP Regulation, Section 65.12 prior to
the commencement of any Development.
10. 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 8, subsection D 1-9 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.
11. Written notice shall be mailed by certified mail, return receipt requested, to an
applicant prior to the granting of a Variance, stating that should a Structure be
permitted to be built with the Lowest Floor elevation below the standard
minimum floor elevation, the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced Lowest Floor elevation. Such notice
shall be effective upon deposit in United States mail.
SECTION 9.
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;
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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;
6. All 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;
All new and replacement on-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during Flooding; and,
S. 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 Section 7, subsection A, Section 8, subsection B 8, or Section 9,
subsection C 3, the following provisions are required:
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 8, 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.
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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 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. No Manufactured Home will be allowed to be placed in a Floodway.
b. Require that all Manufactured Homes to be placed within Zone A on a
community'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.
C. Require that all Manufactured Homes that are placed or substantially
improved within Zones Al -30, AH, and AE on the community's FIRM on
sites:
i. Outside of a Manufactured Home park or subdivision,
ii. In a new Manufactured Home park or subdivision,
iii. In an expansion to an Existing Manufactured Home Park or
Subdivision, or
iv. In an Existing Manufactured Home Park or Subdivision on which a
Manufactured Home has incurred "Substantial Damage" as a result
of a Flood, 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 securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
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d. 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 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 Al -30,
AH, and AE on the community'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 8, subsection 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.
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
a. Engineered Fill — All new buildings constructed in Zone A, Al -30, AH
and AE on the community'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 and 5, of this Ordinance.
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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 7, subsection C; Section 8, subsection C; and the
provisions of Section 9 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 Section 7, subsection A or Section 8,
Subsection 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.
6. 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. Floodways
Floodways located within Areas of Special Flood Hazard established in Section 7,
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.
2. If a Variance to Section 9, subsection D 1 above is granted, all New Construction
and Substantial Improvements shall comply with all applicable Flood hazard
reduction provisions of this Section and all of the requirements of NFIP
Regulation, Section 65.12 must be accomplished prior to the commencement of
Development.
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SECTION 10
PENALTY CLAUSE
No Structure or land shall hereafter be erected, located, extended, modified, converted,
altered, or have its use changed without full Compliance with the terms of this Ordinance and
other applicable laws, codes and regulations. Violation of the provisions of this Ordinance by
failure to comply with any of its requirements (including Violations of conditions and safeguards
established in connection with conditions) will constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more that two thousand dollars ($2,000.00) for each Violation, and each and
every day the Violation occurs shall constitute a separate Violation. Nothing herein contained in
this section or any other section of this article shall prevent the Town of Trophy Club from
taldng such other lawful action as is necessary to prevent or remedy any Violation, including but
not limited to refusal to approve a plat or issue a building permit, or to obtain injunctive relief
against the violator pursuant to Texas Civ. Stat. Ann Art. 1175f (Vernon's 1986) or any other
statute, or any other legal remedy available to the Town.
SECTION 11.
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; provided, however, that Ordinance Nos. 87-06 and 97-05 are
hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are inconsistent with this Ordinance 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 Ordinance Nos. 87-06 and 97-05 on
the date of adoption of this Ordinance shall continue to be governed by the provisions of such
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 12.
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 13.
SAVINGS
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SECTION 14.
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 15.
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 16.
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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this dayofQ «-x,2005.
Mayor
Town of Trophy Club, Texas
EFFECTIVE DATE:
ATTEST:
r
own Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
[SEAL]
ii /t l v T
v
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